A driver lost control of his car leading to it falling from the Brooklyn-Queens Expressway and landing on another vehicle causing damage to it and several other cars, with subsequent injuries to three people. Luckily, New York is a “no fault” state so there should not be significant waiting time for the parties who sustained damage to their vehicles to be reimbursed for any claims related to the accident. The victims who were injured can seek claims through their insurance company as well and anything over the insured amounts, if the costs of medical expenses and damages are higher, will have to be negotiated through insurance or perhaps through a legal claim in court.
Under New York Civil Practice Laws & Rules Section 214, anyone injured in a car accident (driver, passenger, motorcycle rider, bicyclist, pedestrian) must file a personal injury lawsuit within three years of the date of the crash. The fault will need to be determined regarding the cause of the accident and if any other third parties are partially responsible for it.
Seek medical attention after accidents.
Injuries occur from common types of accidents including:
- Head-On Collisions;
- Side-Impact (T-Bone) Collisions;
- Rollover Accidents;
- Rear-end Collision;
- Hit and Run Accident.
Any type of vehicle accident can cause serious injury and may not be evident until time has passed since the accident occurred. Injuries to bones, soft tissues such as ligaments, tendons and muscles may not show up unless the victim seeks medical attention. Because there is a limited amount of time to initiate a legal claim for damages after an accident, it is important that victims seek physical medical evaluation.
Damages and compensation.
Damages may include hospital/medical expenses; funeral expenses, past and future permanent disability payments; emotional distress including depression and anxiety; loss of enjoyment of life; physical pain and suffering; and loss of love and companionship due to a death or serious injury caused by a car accident.
Compensation estimates for pain, scarring, emotional harm, or short and long term psychological and physical limitations are not as easy to calculate and a sum must be decided upon by lawyers, insurance companies and juries who must consider what is a fair and reasonable amount of money based on a compilation of evidence provided to the court comparing the victim’s life before the accident to the limitations imposed on that life after the accident.
Contributory negligence a factor.
Many times it is not the fault of one party that causes the accident to occur so it is important to determine how much fault is contributed by each party to ascertain who will pay for damages related to the accident. Under New York Law, contributory negligence needs to be determined for expenses above “no fault” insurance coverages to be paid, along with compensation for pain and suffering. The driver and/or a vehicle manufacturer could be sued for the car accident depending on the determination of fault, and if there was some mechanical problem that caused the accident.
Hire an attorney.
A knowledgeable accident attorney will collect and analyze the data related to the accident including police reports, medical reports, law enforcement reports and estimates from insurance companies. Please contact Attorney Jeremy Schiowitz at Isaacson, Schiowitz & Korson, LLP for a free consultation regarding your claim.