The last thing anyone wants in the aftermath of a car accident is to deal with compensation claims when they should be resting and recovering. Insurance companies always try to underpay you because the less compensation they pay, the more profit they make. Having a personal injury attorney in New York by your side can make things much easier and increase your chances of getting fair compensation.
What Is a Personal Injury Case?
A personal injury case is a legal dispute that arises when an injured person takes civil action against the person responsible for their harm. The purpose of the case is to receive monetary compensation for the losses suffered due to the accident, which include lost wages, medical expenses, and pain and suffering.
There are many types of personal injury cases in New York, but common ones include:
- Motor vehicle accidents
- Slip and fall accidents
- Workplace injuries
- Medical malpractice
- Wrongful death
- Dog bites
How Are Car Accident Cases Tried in New York State?
Motor vehicle accident cases in New York are tried according to the state’s injury laws and regulations. These laws regulate the handling of insurance claims and legal actions. They include:
No-Fault Insurance System
New York is a “No-Fault” state, meaning that insurance companies must cover the costs of accidents involving their clients, no matter who is liable for causing them. They should pay for medical expenses, property damage, and other economic losses.
Minimum Liability Insurance Requirements
The insurance policy should cover property damage and bodily injury for each person per accident. Liability coverage protects you when a claim is made against you by a third party, alleging that you were at fault. So, the insurance company pays the injured third party when your vehicle is involved in an accident that causes serious injury or damage to their property.
Serious Injury
New York law allows those who suffer serious injuries to go outside the normal insurance channels and file a lawsuit against the responsible party. If the victim suffers qualifying injuries, they can pursue compensation for damages and losses that are not covered by a no-fault insurance claim, such as pain and suffering or other non-economic losses.
Negligence
New York follows the pure comparative negligence law that determines damages and liability when two or more parties are responsible for an accident. You can sue another party for losses or damages resulting from the accident, but whether you receive compensation depends on your amount of blame for the accident. Each party receives a specific percentage of liability, and if your actions resulted in your injury, your total compensation is adjusted according to the level of fault assigned to you.
Uninsured and Underinsured Motorist Coverage
In New York, insurance companies should offer residents coverage for uninsured and underinsured motorists. The cover protects against injuries you or your passengers may suffer in an accident with an uninsured or underinsured vehicle.
What Happens When You Are in an Accident?
Here are some important steps to take when you are involved in an accident:
- Safety first, call for medical help: Ensure you are in a safe location and do not leave the accident scene. Don’t ignore minor injuries; call 911 for medical help, and emergency medical personnel will come to the accident scene and offer treatment or take you for further evaluation at a hospital.
- Contact law enforcement and file a police report: It is important to contact law enforcement as soon as possible after the accident. The responding officer will file a police report. You can also file your report online or over the phone in case no officer comes to the scene. The police report provides valuable information to your insurance company and helps protect you in case of a lawsuit.
- Gather evidence at the accident scene: Take pictures and videos of the accident scene, the vehicles involved, your injuries, and any equipment involved. They are irrefutable pieces of evidence.
- Exchange information with the other party involved: Get the names and contact information of the other parties involved in the accident. Take pictures of their driver’s insurance card and license.
When to Hire a Personal Injury Attorney
Although you can file claims without any legal help, engaging a personal injury attorney can increase your chances of getting a successful outcome. Here’s how your personal injury attorney in New York can help you after a car accident.
When Injuries Occur
If you’re lucky, you’ll escape with just a few scratches, but accidents can result in serious injuries. You should schedule a consultation with an attorney even if you sustained minor injuries. Minor injuries can turn worse, and if you have already accepted a settlement, little can be done about it since you gave up any future claims arising from the accident. An attorney can help you determine the appropriate time to accept an offer and will advise you to hold off until you determine the extent of your injuries.
If you sustained serious injuries, your attorney can help you get all of the damages you are legally entitled to. With legal representation, the defendants and insurers will take your claim more seriously.
Liability Disputes
Insurance companies will always try to pay as little compensation as possible or even not cover your damages at all. They question your evidence and argue that their client was not responsible for the accident. An attorney can represent you and argue your case for a better outcome.
Insurance Company Tactics
Insurance companies also have attorneys to represent them in claims cases. If the insurance provider or party you are suing has legal representation, you should also consider getting a lawyer.
A Personal Injury Attorney Can Help With the Injury Claim Process
Here is how a personal injury attorney in New York can help you navigate an accident or injury claim process.
- They will help you file your insurance claim and navigate the reimbursement process.
- An attorney will serve as your voice when negotiating your settlement to help you maximize the compensation for your losses.
- They will advise you on the legal steps to minimize liability and file a lawsuit if necessary.
Other Ways Your Legal Team in New York Can Help
In addition to having extensive knowledge of legal practices, your New York personal injury attorney can help you understand the nature of your case and advise on the best legal route. Here are some ways attorneys help with this:
- An attorney has the necessary advocacy skills to present a compelling argument to ensure a favorable verdict and help you secure maximum settlement.
- An attorney can file and handle all legal paperwork and insurance provider communications.
- Attorneys investigate the case thoroughly from start to finish and gather evidence from witness interviews and police reports.
- They help reduce the heavy burden and stress of litigation and ensure their clients aren’t taken advantage of by opposing counsel or corporations.
If you or a loved one is involved in a car accident in New York, we recommend that you contact an experienced personal injury attorney as quickly as possible.
