Automobile passengers have little to no control when it comes to being involved in a car accident, and even alert and cautious drivers cannot avoid every car accident threat on the road. If you or a loved one has sustained injuries and damages in a motor vehicle accident, a Manhattan car accident lawyer at Sullivan Papain Block Mcgrath Coffinas & Cannavo, P.C., can answer your questions and discuss your potential for financial recovery under a car accident claim.
New York is a no-fault state, which means that in most car accident cases, drivers and passengers will recover compensation for medical bills and lost wages from the driver’s insurance company, regardless of who was at fault for the accident. Pedestrians and bicyclists who are involved in accidents also recover from the driver’s insurance, regardless of fault.
No-fault recoveries are limited to the driver’s insurance policy limits. In most cases, the driver’s policy limits are enough to cover accident injuries. However, if your injuries are serious, and someone else was responsible for the accident, you may have a bodily injury claim in addition to your no-fault claim.
In Manhattan and throughout New York, no-fault recoveries are limited to economic damages, including lost wages and medical expenses. Under bodily injury claims, injury victims may recover noneconomic damages, such as pain and suffering. As mentioned above, to recover under a bodily injury claim, someone else must have caused the accident, and your injuries must qualify as ‘serious’ under New York law.
In general, injuries qualify as serious if they involve a fractured bone, dismemberment, disfigurement, loss of a fetus, death, loss or limitation of use of a body part, or if you are unable to participate in regular daily activities for 90 out of 180 days following your accident.
In some car accident cases, serious injury victims are partially at fault for the accident. New York is a comparative fault state when it comes to bodily injury claims. Comparative fault means that even if you were partially at fault for the accident, you could still recover compensation under a bodily injury claim against another at-fault party. Your compensation would be reduced by your percentage fault for the accident, however.
For example, if 25% of the accident fault was allocated to you, and the remaining 75% to the defendant, your compensation will be reduced by 25%. So, if your injuries and damages are worth $100,000, that amount will be reduced by 25%, and you will receive $75,000 in compensation.
Our New York car accident attorneys know the state’s complex car accident laws, and they will provide you with skilled representation. Your physical and financial recovery is their top priority. They will strategically handle your claim with the goal of securing the best results possible for you and your family. Contact a car accident attorney at Sullivan Papain Block McGrath Coffinas & Cannavo, P.C., for a free, no-obligation consultation to discuss your accident and resulting injuries. Our New York personal injury lawyers are ready to take your call and ready to help you seek justice.