New York Car Accident Law Guide
By Auto Accident Attorney, Natascia Ayers, Esq.
Every day, people are injured in auto accidents on roads across New York. Car accidents can have truly devastating consequences for those who have sustained injuries in them. The accident can leave a person severely injured, with permanent disability, and financially crippled by the medical bills that quickly pile up. It can all be too much for one person to handle. That is why the Law Office of Natascia Ayers fights for the injured.
With an auto accident personal injury claim, the injured party has the chance to recover full and fair monetary compensation from the person or persons responsible for causing the accident.
What Do You Need to Know About Auto Accident Injury Claims in New York City?
In this auto accident law guide, Attorney Natascia Ayers, ESQ discusses several important topics that you need to be aware of regarding auto accident cases in New York.
Highlights of the article include:
- How Much Compensation Will I Recover?
- Who Will Compensate Me for My Injuries?
- About New York’s “No Fault” Law for Motor Vehicle Accidents
- What to Do If You Have Been Injured in an Auto Accident
- How Can a Personal Injury Attorney Help an Auto Accident Victim?
How Much Compensation Will I Recover?
The amount of money you recover in your car accident injury claim is a fact specific determination and can greatly vary from case to case. A car accident injury claim will allow you to seek compensation for things such as:
- Cost of medical care
- Cost of future medical care
- Lost wages
- Loss of future wages and earning capacity
- Pain and suffering
- Loss of enjoyment of life
These are all things referred to as your “damages.” They make up the harm you have suffered as a result of being injured in the auto accident. Economic damages are those damages that are easily quantified. These are things like medical bills and lost wages. Non-economic damages are those that are difficult to assign a price tag. Pain and suffering and loss of enjoyment of life can be very difficult to calculate. The jury will take into account the details of how your life has been impacted by the accident, which will be presented by your attorney. The jury and/or judge will use this information in an attempt to calculate the non-economic damages.
About pure comparative negligence
It is also important to note how New York laws affect a damage award calculated by the jury. New York is a pure comparative negligence state. This means that, should your claim go to court, a jury will assign a percentage of fault to all parties involved in an accident. Many times, one person is found to be completely responsible for the accident. If, however, the jury does find that you are partially at fault for causing an accident, they will determine what percentage of the fault you share. The jury will then calculate your damages; the amount of compensation you deserve for the harm you have suffered due to the accident. Your damage award will be reduced by the percentage of fault you have been assigned. In other words, if you are found to be 10% at fault for causing the accident, your award will be reduced by 10% and you will, therefore, receive 90% of the amount of damages the jury decided on.
Who Will Compensate Me for My Injuries?
In personal injury cases, your attorney must be able to prove that someone else caused or contributed to causing the accident that led to you being injured. In legal terms, this means that in personal injury cases arising from motor vehicle accidents, your lawyer will need to establish the negligence of a driver. If a person is found to be negligent and that the negligence directly caused or contributed to causing the accident which resulted in you sustaining injuries, then that person can be held legally responsible for the damages you have suffered. In most cases, the insurance company of the at-fault driver will be the one paying out these damages.
How is an auto accident liability proven?
Proving liability, that another person’s negligence caused the accident, can be difficult. Unfortunately, the road is a dangerous place, mainly due to the fact that people do not take the care they should when operating a motor vehicle. Many drivers behave carelessly behind the wheel, such as by texting while driving, driving while intoxicated, speeding excessively, or failing to yield at intersections.
Bad drivers will often make-up excuses for causing an accident. They may even try to place the blame on you or someone else. Did you know that most, even old, motor vehicles are equipped with electronic control modules which can provide valuable information regarding the actions of a driver behind the wheel? This, along with other evidence such as eye witness testimony, will work to support the fact that the other driver did, in fact, cause an accident.
About New York’s “No Fault” Law for Motor Vehicle Accidents
New York is a “No Fault” state regarding car insurance. This means that, regardless of who is at fault for causing an accident, you will usually need to file a claim with your own insurance company under your personal injury protection coverage. This will provide compensation for medical bills and other financial losses you have sustained as a result of the accident. You will only be able to seek compensation beyond your own personal injury protection company under certain circumstances.
It is important for victims of senseless and tragic motor vehicle accident to understand that New York’s “No Fault” laws generally govern any bodily injury claims and restrict recovery. The “No Fault” laws relate only to motor vehicle accidents. They require that an injured plaintiff prove a serious and permanent injury before obtaining a recovery for personal injuries such as pain and suffering in a lawsuit against a bad driver. It is also important to understand what is considered a permanent and serious injury under these complex laws and to obtain the right legal representation to guide you through the process. This includes investigating the accident and ensuring that qualified medical experts support your case.
What to Do If You Have Been Injured in an Auto Accident
Being injured in a car accident is a disorienting experience. It can quickly feel like your life has been turned upside down. You have the pain of your injuries, the need to get medical care, financial pressure of medical bills and possibly missed work, and so much more placed on your shoulders.
If you have been injured in a car accident, the first thing you should do is call 911. The police will come and an official accident report will be created. Emergency medical care will also be available to those who need it. If you are able to, take pictures at the scene of the crash. It is also a good idea to get the contact information for anyone who may have witnessed the crash as they can later corroborate who in fact caused the accident.
Seek treatment for your injuries right away. Your health is priority one. Being evaluated by medical professionals as soon as possible will help you get the care you need. Comply with any follow-up medical care recommended by your treating doctors. Receiving consistent treatment for your injuries will not only aid in the recovery of your health, but it will also strengthen your personal injury claim. Your medical records will act as the proof of the nature of your injuries and the extent of your injuries.
You will also need to inform your insurance company that you have been injured in a car crash. It is best to obtain representation before you speak with any insurance adjusters. Under your insurance policy, you have a legal obligation to speak to your insurance company about the crash. Take great care, however, when speaking to your insurance company. Keep your answers simple. Do not offer any information that is not requested and do not speculate about things like the extent of your injuries. You do not have to, and should not, speak to any other insurance companies.
If you are injured in an auto accident, you should know your rights and be protected throughout the process. Contact Ms. Ayers’ team as soon as possible to become informed on your rights and to protect your legal right to just compensation.
How Long do you have to file an Auto Accident Lawsuit?
New York has a statute of limitations on car accident claims. A statute of limitations is a time limit placed on when you are able to seek legal recourse. In the State of New York, you have three years from the date of the crash to bring your claim. The sooner you contact the Law Office of Natascia Ayers, the sooner her dedicated team can get to work building your case and pursuing your right to full and fair compensation for your losses.
How Can the Law Office of Natascia Ayers Help Auto Accident Victims?
If you have been injured in an auto accident, you are probably overwhelmed. The weight of your injuries and facing the complexities of the legal process is a heavy one to carry on your own. The Law Office of Natascia Ayers is here to guide you through the entire process expeditiously so that you can obtain just compensation for all of your losses, including pain and suffering for any change in lifestyle caused by your injuries.
Ms. Ayers’ team has won hundreds of millions in compensation on behalf of her clients because of her experience and knowledge in this area of the law.
She surrounds herself with the best experts, including medical, accident reconstruction and engineering. Ms. Ayers’ team works tirelessly to ensure that each client is treated like family. Focus on recovering from your injuries while we pursue your legal right to just compensation.
Car Accident Case Results of NA Law
The Law Office of Natascia Ayers uses highly experienced engineers and accident reconstruction experts to investigate each claim, including downloading the data from a vehicle’s electronic unit if warranted. For example, Ms. Ayers successfully proved and obtained an extraordinary settlement for a woman who was rear-ended by a box truck causing her devastating spinal injuries. While the truck’s driver and the owner of the truck offered a litany of excuses for this accident, Ms. Ayers was able to prove that the truck’s brakes were faulty by obtaining and reviewing the electronic data from the truck’s control module.
Thus, in addition to obtaining money from the driver’s insurance, Ms. Ayers was able to obtain a huge recovery from the insurance for the company who owned the truck. This is the kind of history of success that the Law Office of Natascia Ayers prides itself on. You can trust our dedicated team of auto accident attorneys to provide the attention to detail needed for you to recover the compensation you deserve.
Contact Our New York City Auto Accident Attorneys for a Free Consultation
While you may feel isolated after being injured in a car accident, you do not, nor should you, go through this alone. Having dedicated legal counsel by your side can provide you with comfort during what may be one of the most difficult times of your life. The Law Office of Natascia Ayers is dedicated to helping the injured enforce their legal right to compensation for the harm they have endured. You can schedule a free consultation with one of our New York City auto accident attorneys today. Contact the Law Office of Natascia Ayers by calling 646-398-8723 or by sending us a message online.
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