When you get behind the wheel of your car, you probably don’t expect to be in a car crash. Unfortunately, motor vehicle accidents happen far too frequently across the Empire State. On average, 12,093 people are hospitalized and 136,913 people visit the emergency room each year due to car accidents in New York.
If another driver caused your Garden City car accident, you might be able to file a claim against them for your losses. Through a personal injury lawsuit, you can recover financial compensation for your property damage, lost wages, medical bills, pain and suffering, and more. Our Garden City car accident attorneys will fight for your right to full compensation.
The Odierno Law Firm represents accident victims throughout Suffolk and Nassau Counties. We offer free initial consultations and never charge a fee unless we recover money for you. Contact our law offices today to talk to a Garden City personal injury lawyer.
When You Can File a Claim for a Garden City Car Accident?
Car accidents are an unfortunate reality. No matter how conscientious of a driver you are, you can’t always predict what other people will do – or prevent an accident. If another driver causes your crash, then you might be able to file a lawsuit against them.
Personal injury claims are most often based on a theory of negligence or carelessness. A person is negligent when they fail to use the level of care that a reasonable person would use in a similar situation. For example, if a driver follows someone too closely and rear-ends them, then they would be considered negligent.
To win a negligence claim, the accident victim (plaintiff) has to prove 4 things:
- The at-fault driver (defendant) owed them a duty to use reasonable care;
- The defendant violated that duty in some way;
- This violation caused an accident; and
- The plaintiff suffered losses (damages).
If a plaintiff can demonstrate that a defendant was negligent, then they may be able to recover financial compensation for their Garden City car accident. For example, if you were side-swiped when a car changed lanes without looking, you could win your personal injury case because the driver violated their duty to use reasonable care and caused an accident.
There are situations where a car accident was caused by intentional or reckless conduct. A common example is a drunk driving crash. You can also pursue a personal injury claim against a driver who acted intentionally or recklessly in causing an accident.
Importantly, New York is a “no-fault” state when it comes to car accident claims. Every driver in New York is required to carry personal injury protection (PIP) coverage as part of their car insurance policy. Your own PIP coverage will pay for medical expenses, lost earnings, and other necessary expenses, up to your policy limits. All drivers must have a minimum of $50,000 in PIP coverage.
The goal of no-fault insurance is to make sure that people who are hurt in automobile accidents get the money that they need to pay for certain economic losses as quickly as possible after a crash. However, under this no-fault system, you can only pursue a personal injury lawsuit against an at-fault party for (1) economic losses that exceed your PIP benefits and (2) for non-economic losses (like emotional distress) if you suffer a serious injury as defined by New York law.
Understanding liability and no-fault insurance can be challenging, especially when you are already dealing with the aftermath of an accident. Our Garden City car accident lawyers can help you understand your rights and evaluate your options during a free consultation.
What Kind of Compensation Can I Claim for My Garden City Car Crash?
As noted above, New York is a no-fault state when it comes to car insurance. Certain initial expenses will be paid by your own car insurance policy, up to your PIP policy limits. This includes:
- Reasonable and necessary medical expenses;
- 80% of lost wages (up to $2,000 per month for 3 years);
- Up to $25 a day for other reasonable and necessary expenses like transportation and/or household help; and
- A $2,000 death benefit.
The PIP system is designed to reduce the number of lawsuits necessary by having driver’s car insurance carriers pay these benefits regardless of fault. However, it may still be possible to file a lawsuit against another driver for your injuries. This may be necessary if your economic losses exceed your PIP coverage and/or if you suffered a serious injury.
In New York, a serious injury includes a personal injury which results:
- Death
- Dismemberment
- Loss of a fetus
- Loss of the use of a limb or organ
- Permanent impairment of the function of a limb or organ
- Any injury that prevents a person from performing daily tasks for at least 90 days.
If you have a serious injury, then you could file a lawsuit for what is known as non-economic damages as well as for your economic losses.
Three types of compensation are potentially available in a personal injury case: (1) economic damages; (2) non-economic damages; and (3) punitive damages. Your ability to recover these damages will depend on the specific facts of your case.
Economic damages pay for your direct financial expenses. This includes property damage, lost wages, reduced earning capacity, medical expenses, and future medical treatment. It can even pay for things like renovations to your home to make it accessible if you suffered a more catastrophic injury.
Non-economic damages compensate you for your intangible losses. It could include money for pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement. As noted above, you can only seek non-economic damages in a Garden City car accident case if you suffered a serious injury.
Finally, punitive damages may be available in cases where the at-fault driver acted intentionally or recklessly, like a drunk driving accident. The goal of punitive damages is not to compensate an accident victim but to punish a wrongdoer. Your Garden City car accident attorney can help you determine if punitive damages may be available in your case.
How Long Do I Have to File a Car Accident Claim?
In New York, there is a 3-year statute of limitations for car accident cases. A statute of limitations is a time limit for filing a lawsuit. If you don’t file a claim within 3 years, then you won’t be able to file a lawsuit.
While 3 years may seem like a lot of time, it is still important to talk to a lawyer sooner rather than later. Over time, witnesses’ memories may fade and important evidence may be lost. Reach out to The Odierno Law Firm today to schedule a free initial consultation with a Garden City car accident attorney.
Do I Need to Hire a Lawyer for My Accident Claim?
Because New York is a no-fault state, you probably will not need legal representation for a minor car accident – particularly if all of your losses are paid by your PIP coverage. However, if you had more extensive economic losses or suffered a serious injury, then you absolutely should hire an attorney to handle the claim.
Insurance companies have a goal of paying out as little as possible on car accident cases. If you want to get top dollar for your case, you will need a tough, smart lawyer to advocate for your best interests. In Garden City, call The Odierno Law Firm to schedule a free consultation with a member of our legal team.
How Our Garden City Car Accident Attorneys Can Help
After a car accident, many victims aren’t sure of their rights – particularly when it comes to getting money from the at-fault driver’s insurance company. They may even be approached by an insurance adjuster who offers them money, requests a statement, or asks them to sign some documents. You should not talk to the at-fault driver’s insurance company or sign anything until you have had the chance to talk to a lawyer.
The simple reality is that the insurance company’s interests do not align with yours. Their goal is to resolve your claim for as little money as possible. Ideally, they’d love to be able to deny your claim entirely.
Our team of experienced Garden City car accident lawyers will fight to get you maximum compensation for your injuries. After performing an in-depth investigation, we will send a demand letter to the insurance company that explains the facts of the case and the legal reasons why their insured is liable. It will then conclude with a demand for compensation.
We can typically resolve most personal injury cases through skillful negotiation, without you ever having to set foot in court. However, it may still be necessary to file a lawsuit to protect your legal rights. Filing a lawsuit also gives us access to more information, which can be used to obtain a fair settlement for your injuries.
Throughout the process, we will handle all communications with the insurance company for you. We will also connect you with resources and answer any questions that you may have about the timeline and potential value of your case. We won’t ever charge you a fee unless we recover money for you.
Our goal as personal injury attorneys is the same as possible: to get you as much money as possible as quickly as possible. We want you to obtain justice for your car accident while also getting the compensation that you need to move forward with your life. If you have been hurt in a car accident, we will zealously advocate for you to protect your best interests. When necessary, we will take your case to court to get you the money that you deserve for your injuries.
Work with a Seasoned Garden City Car Accident Law Firm
If you have been hurt in a motor vehicle accident, you may be understandably confused about your legal rights and options. Our law offices will shepherd you through the process, from a free initial consultation to the final resolution of your case. We won’t back down until you get the money that you deserve for your injuries.
Based in Melville, The Odierno Law Firm represents accident victims in Long Island, New York. We handle all cases on a contingency fee basis. To learn more or to schedule a free consultation with a Garden City car accident attorney, give us a call at 631-994-1918 or fill out our online contact form.