What Types of Compensation Can I Recover After a New York Car Accident?
Summary: Were you hurt in a car accident in New York that was no fault of your own? If so, you might be entitled to compensation. Allow the experienced and compassionate New York car accident lawyers of Finz & Finz, P.C. to fight tirelessly for the compensation you deserve and help make you whole again. This blog will detail the types of compensation you may be entitled to after your New York car accident.
Were you hurt in a car accident in New York that was no fault of your own? If so, you might be entitled to compensation. Allow the experienced and compassionate New York car accident lawyers of Finz & Finz, P.C. to fight tirelessly for the compensation you deserve and help make you whole again. This blog will detail the types of compensation you may be entitled to after your New York car accident.
At Finz & Finz, P.C., we prepare all cases for trial. One of the best ways to make sure the insurance company offers a full and fair settlement is to take your case to trial. The skilled trial lawyers at Finz & Finz, P.C. know how to present the facts and evidence surrounding your case. We have the skills, experience, and resources necessary to handle complicated car accident cases while giving your unique case the individualized attention it deserves. To schedule a free, no-obligation consultation with our New York car accident lawyers, call 855-TOP-FIRM.
What is No-Fault Insurance?
New York is a “no-fault” state. This means that you seek compensation for your car accident by filing a claim directly with your insurance company (a first-party claim). Typically, you cannot pursue compensation by filing a claim with the other drivers’ insurance company (third party claim). Rather, you rely on your own insurance coverage to recover losses up to your policy limit. Only under specific circumstances can you step outside the “no-fault” system. An experienced New York car accident attorney can let you know if you are eligible.
New York observes “comparative fault” rules, which means the compensation you recover will be awarded based on your percentage of fault in causing the car accident. This is why it’s critical to have a car accident lawyer who understands the system in your corner. The procedures involved in these car accident lawsuits be very complex.
TYPES OF COMPENSATION YOU MAY BE ABLE TO RECOVER INCLUDE:
Medical expenses involve all medical costs related to your car accident. You may also need to add future medical expenses, which your doctors can help you calculate.
Examples of compensable medical expenses include:
- Doctor exams and appointments
- Emergency Room visits
- Hospital stays
- Ambulance fees
- X-ray, MRI, CT Scan
- Blood work
- Physical therapy
- Medical supplies
- In-home health care services
- Long-term medical care
- Prescription drugs
- Other medical expenses caused by the accident
Your injuries may make it difficult or impossible for you to carry out your job duties. You may need to spend time away from work during your recovery. If you have lost income due to time away from work after a car accident, those lost wages are compensable. You could be entitled to compensation for the lost wages you are likely to suffer in the future as a result of the accident.
A number of factors go into the calculation of lost wages, including:
- Whether your injuries are permanent or likely to resolve
- The scope of your injuries
- Whether you are able to perform other types of work
- The nature of your work and your income before the accident
- Your estimated age of retirement
- The loss of benefits you would have enjoyed, such as Social Security, health insurance, and retirement contributions
- The amount of work you missed after your accident
Loss of Earning Capacity
Loss of earning capacity refers to the decrease in your ability to earn a living. Loss of earning capacity is different from lost wages. Lost wages is past earnings that have already been lost because of the injury, whereas loss of earning capacity covers future missed income that you have not yet earned.
In many car accidents, vehicles become severely damaged or even totaled. To recover damages to your vehicle, take steps to protect the value of a claim. Take photos of the scene of the accident, as well as the vehicle damage. Retain all receipts related to the car accident, including:
- Towing costs
- Bodywork costs
- Vehicle repair costs
- Rental car expenses
- Mileage reimbursement for travel to doctor’s appointments
- Parking expenses
Pain and Suffering
Pain and suffering is the mental or physical distress you may suffer in the aftermath of a car accident. Pain and suffering is a type of non-economic damage. Non-economic damages are more difficult to quantify than economic damages (medical bills, lost wages, etc.) because they do not have any direct bills. Pain and suffering is based on the type and seriousness of the injury sustained.
Loss of Consortium
If you are married, your spouse may be able to recover loss of consortium damages. The idea behind these damages is that if you were seriously injured, you might not be able to provide your spouse with the same level of companionship you were prior to the car accident. These damages, which can be difficult to quantify, are typically only awarded in cases involving severe injuries or wrongful death.
In rare cases, the court may award punitive damages to punish the defendant for their grossly negligent behavior. These cases typically involve drunk driving or other types of reckless driving behavior.
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