Working at a hair salon can often be exciting and dramatic but for receptionist Frank D’Amico, one unfortunate day will forever stand out. He arrived at work and spent several hours completing his tasks and assisting customers. Crossing the salon floor to assist a coworker, Frank paused to lean on a glass showcase. Suddenly, an out-of-control vehicle exploded through the front wall of the salon, completely obliterating the spot Frank D’Amico had stood in just moments before. Sending debris and Frank himself flying, he landed among layers of broken glass and the rubble of the destroyed storefront. Terrified, confused, and in pain Frank D’Amico knew he was lucky to be alive. After receiving life-saving treatment for the injuries he sustained, he recognized the importance of reaching out to a well-decorated personal injury firm with experienced attorneys who could provide him with the relief he sought. When recounting his experience putting his trust in Hill & Moin, he appreciated the cordial and helpful demeanor shown by staff throughout his case. Through application of knowledge and determination, the attorneys at Hill & Moin were able to negotiate Frank D’Amico colossal settlement of $750,000. With the fresh start he found in his monetary reward, Frank D’Amico plans to invest in himself by becoming a property owner.
Salon Receptionist Suffers Serious Injuries When Vehicle Crashes Through Storefront, Is Awarded $750,000February 20th, 2024 by predrag
Hairdresser Miraculously Survives Near-Fatal Encounter When Vehicle Plunges Through Salon Front, and Receives Over a Million DollarsFebruary 20th, 2024 by predrag
As a professional hair stylist, being creative and imaginative were key elements of S.G.’s lifestyle. But even she could not have envisioned that what should have been another routine day in the sunny salon she worked in would turn into a real-life nightmare. Initially off to a calm start, S.G. spent the first several hours of her day working her way through her usual routine. She crossed the reception floor to speak to a coworker, stopping to stand next to the windows of the salon front. Unanticipatedly, a wayward vehicle violently lurched through the front wall of the building, coming alarmingly close to crushing S.G. in its wake. The impact forcefully launched her across the salon’s floor, leaving her severely injured and deeply traumatized. Once stabilized in the care of her medical treatment team, S.G. knew the next step was to reach out to an established personal injury firm. She wasted no time calling the skilled attorneys at Hill & Moin, LLP. When reflecting on her relationship with the staff, S.G. noted that everyone was consistently communicative and kind. She was grateful for the persistence of the attorneys who had successfully managed to obtain a seven-figure settlement for all that she had lived through. Striving to move past this life-changing event, S.G. has set aside a small but much-deserved leisure and self-care fund with a long-term goal of becoming a homeowner and continuing to invest in her future.
Hair Stylist Suffers Soft Tissue Injuries When Vehicle Strikes Salon Front, Receives Six Figure Monetary Settlement For Pain And SufferingFebruary 20th, 2024 by predrag
As a professional hair stylist, Mandy M. was no stranger to living a life that demanded her to be quick on her feet. Despite this, nothing could have prepared her for what she would experience when she arrived at the salon for another seemingly ordinary day. Before tragedy struck, Mandy M. was busy working on a client’s hair. Immersed in her work, she was suddenly rocked by a force resulting from the impact of a careening vehicle that had plunged into and through the front wall of the salon. Sent hurling sideways, Mandy M. landed on the floor among glass and rubble leaving her frightened, disoriented, and wounded. Once she had checked in with her coworkers out of concern and tended to her own pressing need for medical attention, Mandy M. became aware of her next move. Turning to the compassionate yet tenacious personal injury attorneys at Hill & Moin, LLP, she could finally breathe her first sigh of relief. Looking back on her ordeal Mandy M. was impressed by the quality of communication, noting the attentive nature of both attorneys and support staff alike. She was appreciative of the clarity, feeling included and well-represented from start to finish. With a firm resolve to bring Mandy M. the relief she sought, the masterful and well-versed attorneys at Hill & Moin, LLP secured her a six-figure award. Now armed with a newfound financial security, Mandy M. hopes to work with financial professionals within the beauty industry so that she may invest in her passion.
New York is an area known for its constant hustle and bustle and sometimes, not even having the “Walk” signal in the crosswalk can keep you safe on the roads. This was the ill-fated truth for P.H. one day when she was on her way to get her tablet fixed at a local repair shop. Walking down a street that she had traveled many times before, it seemed to be a day like any other. Approaching an intersection, P.H. looked up at the crosswalk signal to confirm the presence of the “Walk” symbol before entering the street. All clear, she proceeded into the crosswalk and began to cross. When she had all but made it to the other side, a vehicle appeared seemingly out of nowhere striking P.H. She landed on her back and hit her head on the pavement, sustaining serious injuries in the process. P.H. knew that what happened to her in the intersection was not right, but she didn’t know where to turn for assistance. Grateful to be put in touch with the hard-working attorneys at Hill & Moin, P.H. thanked them for their vigorous approach to negotiating a settlement for her suffering. She felt comforted by the reliable communication from staff at Hill & Moin throughout every step of the way, noting how every concern she had was addressed with knowledge and kindness from support staff and attorneys alike. With this traumatic event now in her past, P.H.’s plans are to savor her life one day at a time. P.H. intends to use her newfound relief secured by Hill & Moin to focus on enjoying all the little things she holds dear, like never missing out on her favorite cup of coffee.
On a chilly winter afternoon, Mr. K innocently went out for a stroll around his neighborhood to enjoy the sights of the season. Unbeknownst to him, disaster was waiting just around the corner. Mr. K approached an intersection and entered a crosswalk with permission from the pedestrian traffic signal and began to cross the street. Unexpectedly and without notice, a vehicle entered the crosswalk as well, failing to see Mr. K in the process of crossing the street and striking him down. The collision resulted in serious damage to Mr. K’s health, leaving him with injuries to the left side of his body on his shoulder, wrist, hand, and knee. His injuries were severe enough to warrant the need for reparative surgery. Thankfully for Mr. K, Hill & Moin, LLP was ready to jump into action. Speaking of his experience with the professional and courteous staff of Hill & Moin, he noted that their level of communication went above and beyond his expectations. Whether it was dealing with support staff or the attorneys directly, Mr. K was never left with an unresolved question. As testimony to Mr. K’s claims, Hill & Moin, LLP secured him a significant settlement. With his newfound relief and hope for the future, Mr. K is planning to build his savings account so that he may treat himself to all the little things in life that bring him joy.
When Alex E headed out to deliver orders for UberEats, winding up injured and traumatized before the end of his shift was far from the outcome he expected. Riding on his e-bike, Alex E was lawfully passing through an intersection on a green light when he was unexpectedly hit by a vehicle making a left-hand turn. Sent flying through the air, he made impact with the windshield before rolling over the hood and landing on the pavement below. As a result, he suffered shoulder, neck, and back injuries requiring costly medical treatment. But when he was put in touch with Hill and Moin, LLP, things began to look up. Describing the staff as “absolutely great”, Alex E raved that the performance of Hill and Moin, LLP was above and beyond what he expected when they successfully negotiated a whopping $670,000 settlement! He expressed his delight with the swift way his case was resolved due to the hard work and diligence of his attorneys and their supporting staff. Grateful to have found the office of Hill and Moin, Alex E is looking forward to not only opening both emergency and investment funds, but also enrolling in law school and beginning the next chapter of his life.
Nobody files a car accident lawsuit planning to lose. Unfortunately, you may think the evidence clearly shows you are not at fault for what happened, but the judge or jury may see it differently. The final ruling may not be in your favor.
Knowing what happens if you lose a car accident lawsuit can help you prepare and respond accordingly. This article will discuss some reasons why a car accident case may be unsuccessful and what to expect if you lose.
When you have trusted car accident attorneys on your side, your chance of losing decreases. Our law firm, for one, has over 40 years of experience in handling car accident cases. We know what it takes to win.
When you choose Hill & Moin LLP to represent your case, it’s like having “a lawyer in the family.” Call us today at (212) 668-6000 to learn more in a free case evaluation.
Do Car Accident Cases Always Go to Court?
Car accident claims are a type of personal injury case. The majority of car accident cases do not go to trial. In fact, the most recent available statistics show that up to 95 percent of all personal injury cases may be settled out of court.
Most car accident cases are settled through negotiations with the insurance company. It often costs insurance companies more money to prepare for trial and go to civil court than to reach an agreement during negotiations. Also, if you win the case, the insurer will be forced to pay you the settlement amount you requested.
Typically, car accident lawyers are skilled negotiators. We know what is needed to get maximum compensation for our clients without having to go through the time and expense of a trial.
Why Do Car Accident Cases Go to Trial?
While most motor vehicle accident cases are settled out of court, there are some situations in which your personal injury lawyer may advise you to file a lawsuit.
Typically, a car accident case may go to trial for one of these reasons:
- You and the other party cannot come to an agreement as to who is at fault
- You and the other party cannot agree on fair compensation
Even after a car accident lawsuit is filed, a settlement can still be agreed on before the case is presented to a judge. Being willing to go to court and prepare a claim for trial may be enough to pressure the insurance company into making a more serious offer.
The Stages of a Car Accident Lawsuit
If you are unable to come to a fair settlement agreement by means of out-of-court negotiations, your lawyer may suggest that you file a lawsuit. If you have never been to court or involved in a personal injury lawsuit before, you may be nervous and unsure of what to expect.
The following is a brief summary of the legal proceedings of a personal injury case, such as a car accident:
- Discovery: During this stage, your legal representative will collect evidence and interview eyewitnesses. He or she will research statutes and laws that apply to your claim and work to build a strong case.
- Negotiations: While preparing your case, your lawyer will continue to negotiate with the defendant and the insurance company to reach an out-of-court settlement.
- Trial: This stage is where your attorney will present your argument in court and provide evidence supporting your claim.
- Verdict: The last part of the lawsuit process is when a verdict is announced and you learn whether or not you have won your case.
Reasons for Losing a Car Accident Lawsuit
Each case is unique, and there are various reasons why a person may not win a car accident case. The following are some reasons a person may lose a car accident lawsuit.
Not hiring a personal injury lawyer
When accident victims try to represent themselves in the legal world, they may come to realize how difficult it is to handle a personal injury case on their own. There are documents that must be completed in a specific manner. Both plaintiffs and defendants need to meet tight deadlines.
Time and hard work are required to compile evidence to prove or defend your case and then present it in a convincing manner in court. What’s more, knowing when to accept a settlement agreement is an important part of any car accident case. It requires legal knowledge, experience, and skill to successfully negotiate a fair claim.
As the victim, the plaintiff presenting the case, compelling evidence must support your claim for compensation. Insufficient evidence could lead to the court ruling in favor of the defendant.
The following are examples of evidence often used in car accident cases:
- Police reports
- Medical records
- Video surveillance or dashcam footage
- Testimony from accident reconstructionists, medical professionals, engineers, or other experts
If you are the defendant, the burden of proof is not on you. It will be up to the plaintiff to prove you were the at-fault driver. If he or she presents compelling evidence and the court rules in the plaintiff’s favor, you will be on the hook for damages.
Honesty and credibility
It is vital to be open and honest with your lawyer about the circumstances of the accident. Don’t hide information about past accidents, injuries, or anything else that could catch your attorney by surprise in court.
The judge and jury are more likely to rule in your favor if you appear credible in court.
Some ways to bolster your credibility are:
- Being polite and respectful in court
- Dressing in a dignified manner
- Cooperating with the investigation
- Answering all questions honestly
You can be the victim of a collision while also having contributed to the accident to a certain extent. The legal term for this is “contributory negligence.” This means that it is possible for multiple parties to share some degree of fault for any accident.
When you are partially to blame for the motor vehicle accident, you may recover less than the full amount of damages or be denied any compensation whatsoever.
If the other party accuses you of contributory negligence, your lawyer can work to fight back and present your side of the case so you do not lose out on your chance at compensation.
Car accident victims may be tempted to vent their frustrations on social media. However, if you are involved in a lawsuit, what you post on social media could be devastating to your case.
Social media platforms are public forums, and anything posted on them is admissible in court. For example, a post that shows you engaging in an activity that contradicts your injury claim could cause you to lose your case.
It’s also possible to unintentionally post something that gives away your attorney’s legal strategy or complicates your case.
The Consequences of Losing a Car Accident Lawsuit
What happens after you lose a car accident case depends on whether you are the plaintiff or the defendant.
As the plaintiff
The plaintiff in a car accident case is the party filing a lawsuit against the defendant in seeking damages. A plaintiff may lose his case if he played a role in the accident or was unable to provide sufficient evidence proving the defendant was at fault.
If you suffered injuries in a car accident and lost your lawsuit, you will probably not receive financial compensation to cover your medical bills, lost income, pain and suffering, and other damages. You may be left to cover these expenses out-of-pocket.
Most car accident attorneys work on a contingency fee basis, which means that they do not receive payment unless they obtain a settlement for their clients. If you do receive a settlement, your lawyer takes a percentage of the amount you were awarded. This means that, if you are not awarded any money or only receive partial compensation, you will not pay outrageous legal fees.
As the defendant
The defendant in a car accident case is the party being accused of recklessness or negligence. When a defendant loses a lawsuit, that party is liable to pay the injured person money for damages. If the defendant loses, it is the insurance company that must cover the plaintiff’s medical expenses, lost wages, and so on.
What happens if the defendant is uninsured or the insurance company legally rejects paying compensation? The financial burden of payment will fall solely on the defendant.
What if the defendant does not have the cash or assets to cover the costs of damages? Both parties may agree to a payment installment plan. When an agreement cannot be reached, a person or company may have property seized by law enforcement and auctioned off. Those who do not have valuable property could have a portion of their wages garnished until the debt is paid.
Losing a Car Accident Lawsuit Can Cause Financial Challenges
Regardless of which side you are on, losing a personal injury lawsuit after a car accident can cause financial hardship. It may become challenging to cover the costs of rent, food, and other basic necessities.
Those who have lost a car accident case may need to:
- Apply for a loan: After losing a car accident case, you may need to take out loans to pay off your debts. Losing a lawsuit is on public record and may make it difficult to get a loan or cause creditors to charge you high-interest rates if you are approved.
- Get a second job: Even if you already work full-time, you may need to take on a second job to cover medical expenses, pay case costs, or take care of other bills.
- Make financial sacrifices: The financial toll of losing a lawsuit may force you to downsize your home, sell your vehicle, give up expensive hobbies, or make changes to your lifestyle and the way you spend your money.
- File for bankruptcy: Losing a lawsuit may cause such a financial strain that a person may be forced to file for bankruptcy. While this option does give you a chance to wipe your debts and start over financially, it could also force you to liquidate your assets and make you ineligible for future loans.
Hiring a Car Accident Lawyer Could Help You Win Your Case
After being involved in a motor vehicle accident, you do not want to risk having to pay expenses out of pocket and being left in a difficult financial situation. Your attorney will work hard to ensure your rights are protected throughout the entire legal process.
Your car accident lawyer will take the following steps to help ensure you win your case:
- Calculate damages: An experienced personal injury attorney will be able to accurately determine the value of your car accident claim. If your damages are not properly calculated, you could end up paying for expenses out of pocket even if you win your case.
- Prove liability: The success of your lawsuit will depend on whether you can prove liability in court. Experienced personal injury lawyers know what is needed to prove their client was the victim of negligence.
- Support the case with evidence: Car accident lawsuits are only as strong as the evidence provided. Your lawyer can conduct a thorough investigation of your case and gather sufficient evidence that connects your injuries to the auto accident.
- Meet important deadlines: A lawyer’s knowledge of legal deadlines is another important reason to have a legal representative on your side. Car accident lawsuits have a statute of limitations, and an attorney can make sure everything is submitted on time.
- Litigate your case: A car accident lawyer will skillfully litigate your case in court, presenting all available evidence in a strategic and convincing manner. He or she will answer any questions you have and keep you updated on the court’s proceedings.
Let Us Help You Help With Your Car Accident Case
At Hill & Moin LLP, we do not want you to go through the stress of what happens if you lose a car accident lawsuit. When we take on a car accident case, it is because we are confident that we can win. So when you work with us, you can have peace of mind from knowing that your lawsuit is in good hands.
Our law firm has been representing accident victims for over 40 years. We have litigated and won many car accident cases for clients over the years.
Our personal injury lawyers care about the people we help. In fact, many of our clients have said that when you choose Hill & Moin LLP to represent you, it’s like having “a lawyer in the family.”
Join the family. We offer all potential clients a free consultation. Complete the contact form or call us today at (212) 668-6000 to learn more about your Personal Injury Recovery SolutionsⓇ.
Don’t wonder about your rights!
While biking to work, L.U.E was struck by a vehicle, causing him a fractured knee. The defendant claimed that his vision was compromised because of the sun, blocking his vision of the bicyclist. Following a series of medical appointments, the plaintiff underwent knee surgery. As he began his long journey to recovery, L.U.E decided to seek legal representation. After completing a diligent online search, the plaintiff called Hill & Moin. After meeting with the attorneys and seeing first-hand their willingness to answer all questions, L.U.E retained Hill & Moin to represent him on his legal journey. Hill & Moin fought tirelessly and ultimately to obtain the full insurance policy of the driver. The plaintiff was very satisfied with the result, as well as the client service provided. L.U.E now hopes to return to a normal life and repay his debts.
The very idea of being involved in a serious car collision can cause anxiety. If you or a loved one has been injured in a wreck or is dealing with significant property damage, you may be feeling stressed and overwhelmed. Further, you may be unsure how New York car accident laws may affect your legal right to recover damages for your losses.
Even a seemingly minor collision can be unnerving and expensive. Understanding New York car accident laws will help you to better navigate the insurance claim system in order to reach maximum compensation following an incident.
At the New York law firm of Hill & Moin LLP, our attorneys have more than 60 years of combined experience fighting on behalf of New York accident and injury victims. Our legal team is dedicated to reaching the best possible outcome in every case we take, helping each of our clients make their lives whole again. Learn what our experienced attorneys can do for you by calling (212) 668-6000 to schedule a free case evaluation.
Common Types of Car Accidents in New York State
According to the New York Department of Health, motor vehicle traffic injuries are the leading cause of injury-related death, the second-leading cause of injury-related hospitalizations, and the third-leading cause of injury-related emergency department visits in New York State.
Different types of accidents repeatedly come up when discussing New York car accident laws. The following types of motor vehicle accidents are commonly reported in New York.
Rear-end car accidents are one of the most common types of accidents. A rear-end collision occurs when a driver hits a vehicle from behind.
These accidents are often the result of the rear driver’s inattention. Although there may be extenuating circumstances, a driver is, in general, expected to leave enough room between his or her vehicle and the one in front to be able to stop safely and quickly.
A head-on collision occurs when two vehicles driving in opposite directions crash into one another. Such accidents are extremely dangerous, often resulting in debilitating injuries or death. The majority of head-on collisions are the result of negligence on the part of one or more drivers.
Head-on collisions are usually caused by a driver going the wrong way on the road or crossing a double yellow line into oncoming traffic. This may happen for many reasons, including driver confusion, fatigue, intoxication, distracted driving, or vehicle defects.
Sideswipe accidents occur when the side of one vehicle hits or scrapes the side of another vehicle. The cars may be traveling in the same direction or opposite directions.
This type of accident most commonly happens when a driver drifts into the next lane or mistakingly changes lanes without first checking to make sure there is no other vehicle in his or her path. It is not uncommon for a driver to sideswipe a parked vehicle, especially in narrow roadways or tight parking areas.
Often referred to as T-bone or broadside accident, a side-impact accident occurs when the front of one vehicle hits the side of another. Such accidents often happen in intersections or parking lots but can also occur on a highway when a driver loses control of his or her vehicle and skids sideways.
Side-impact accidents can result in serious injury and damage because the side of a vehicle is simply unable to absorb such a significant hit.
A rollover accident happens when a vehicle loses control and tips or flips over onto its side or roof. Poor weather conditions, road obstacles, or reckless driving are usually contributing factors in rollover accidents.
A single-car accident refers to an accident involving just one vehicle. In most cases, the driver ran off the road or hit debris. Difficult weather conditions, unexpected animal crossings, or distracted driving may lead to a single-car crash.
Reckless Driving Accidents
When a person drives recklessly, the risk of crashing increases significantly. In most cases, reckless driving accidents are the direct result of a driver violating the law.
Examples of reckless driving behavior are:
- Failure to yield the right-of-way
- Running stoplights
- Erratic driving
Driving without a seatbelt on can also be considered reckless driving. Moreover, in accordance with New York State regulations, it is mandatory for all children to be securely restrained using an appropriate child restraint system when they are passengers in a motor vehicle. Furthermore, the law stipulates that all occupants of motor vehicles, regardless of age, must be restrained by a seat belt. Nevertheless, because of their smaller size and delicate physical constitution, children must utilize specialized child restraints to ensure their safety when traveling in a vehicle.
Legal Obligations After a Car Accident in New York State
New York traffic laws include specific legal obligations for drivers involved in car accidents. Since failing to comply with these duties can result in serious consequences, all drivers need to know what to do after a motor vehicle accident.
Some New York laws that detail your legal duties after a car accident include the following.
New York Driver Exchange of Information Law
Under New York law, if you are involved in an accident where someone is injured, you are required to stop at the scene of the crash. You must give your name, address, driver’s license number, and insurance information to the injured person.
You must also give your personal contact information and insurance details to the responding police officer investigating the accident. In the event that no officers come to the scene of the accident, it is your legal responsibility to report the accident to the nearest police station.
New York Law Requires That an Accident be Reported to the Police
In New York, you have a limited number of days to report a car accident in which a person was injured or killed. You must report the collision to the Department of Motor Vehicles. You must also report accidents that cause more than a certain amount of damage to a single person’s property.
Failing to report an accident which you are legally obligated to report to the DMV is a misdemeanor offense in New York. The DMV has the right to suspend or revoke your license and registration if you fail to submit the accident report on time.
Your Legal Duty in a New York Car Accident With no Injuries
New York state law requires that you stop at the scene of an accident that causes damage to someone else’s property, even if no one was injured in the collision. You must then exchange information with the other driver and any others who may have suffered property damage as a result of the collision.
You are required to share your personal contact information, as well as your insurance identification card and driver’s license. If the property owner is not present at the time of the accident, this information must be reported to the nearest police station.
Your Legal Obligation if You Hit a Parked Car in New York
Unfortunately, this is how most hit-and-run accidents take place: someone hits a car in a parking lot, and bails. If you hit and damage a parked car, New York law requires that you stop and exchange information with the owner of the parked vehicle. If he or she is not present, you must report the accident along with your personal details to the nearest police station.
New York Speed Limit Laws
Unfortunately, speeding is a contributing factor in many serious car crashes. New York State law requires that you always drive safely, at or below the speed limit. The posted speed limit is the maximum speed at which a driver can legally operate his or her vehicle. The law does not make exceptions when everyone else is speeding around you.
At times, due to weather or road conditions, it is safest to drive under the speed limit in order to avoid an accident. The penalties for speeding can be significant. Depending on how fast you were going, you could face a hefty fine or even prison time. The DMV will revoke your license if you are convicted of multiple speeding violations within a certain period of time.
New York Comparative Negligence Law
New York follows a pure comparative negligence rule. This law allows you to recover compensation for your injuries, even if you bear partial responsibility for the accident.
At times, liability in a traffic crash is clear; however, it is not unusual for multiple drivers to share some degree of fault for the collision.
In a car accident case, the insurance adjuster or court will work to calculate both the damages and the percentage of fault belonging to each party. The damages are then adjusted based on the share of fault.
The pure comparative negligence law applies even if you are primarily at fault for the car accident. Under this New York law, even if you are found to be more than 50-percent responsible for the car crash, you are entitled to your percentage of the damages. However, in turn, you are responsible for providing compensation for the other driver’s losses.
New York No-fault Car Insurance Rules
New York is a no-fault state when it comes to car accidents. The no-fault system does not make everyone automatically free of responsibility for a collision. What it does mean is that, after an accident, you need to file a claim under your own personal injury protection insurance for compensation for your injuries, regardless of who was at fault.
Your personal injury protection insurance is designed to cover accident-related expenses such as:
- Medical bills
- Household and transportation expenses
- A percentage of lost wages
- Death benefits
Depending on the severity of the car accident and the injuries sustained, you may not be limited to filing a claim under your own insurance policy. You may be able to pursue a third-party insurance claim or a personal injury lawsuit.
Recovering Damages After a New York Car Accident
In some car accident cases, the victim sustains a serious bodily injury and needs extensive medical treatment. In such situations, it is possible that your own insurance carrier will not cover the full extent of your claim. If your injuries meet certain requirements, you may be able to file a claim against the at-fault driver’s insurance or pursue a personal injury lawsuit.
The following serious injuries may allow for a third-party insurance claim or lawsuit:
- Significant disfigurement
- Bone fracture
- Loss of a fetus
- Traumatic brain injury
- Significant limitation or loss of use of a body system or function
- Non-permanent injuries that prevent usual activity for an extended period of time
After a New York car accident, injured parties are likely entitled to compensation for what they have gone through. The law is designed to protect injury victims and help them to regain their financial standing and quality of life. Depending on the circumstances of your accident, you could potentially be awarded both economic and non-economic damages in a car accident case.
Economic Damages in a New York Car Accident Case
Economic damages have a specific monetary value and may include these costs:
- Current and future medical bills
- Past, present, and future lost wages
- Reduced earning capacity
- Expenses of in-home care
- Out-of-pocket expenses related to or as a result of the accident
- Cost to repair or replace property
Non-Economic Damages in a New York Car Accident Case
Non-economic damages are designed to compensate an injured person for his or her pain and suffering and other personal losses as a direct result of the accident.
The following are examples of non-economic damages:
- Psychological injuries
- Reduced quality of life
- Loss of consortium, if a person’s injuries negatively impact his or her relationship with others
Although it can be difficult to properly calculate compensation for non-economic damages, both your insurance agents and auto accident attorneys can help you determine a fair settlement amount.
New York State Auto Insurance Requirements
In order to register a motor vehicle in New York, you must have New York State-issued automobile liability insurance coverage. A minimum amount of liability insurance coverage is required to cover various types of damages. Every New York driver must carry liability insurance for property damage, bodily injury, and death.
Additionally, your liability insurance coverage must meet these further requirements:
- Insurance coverage must remain active as long as the vehicle registration is valid, even if you are not using the vehicle, with limited exceptions for motorcycles
- You must carry New York State insurance coverage, issued by a company licensed by The New York State Department of Financial Services and certified by the Department of Motor Vehicles
- Liability insurance must be issued in the name of the person on the vehicle registration
If you fail to maintain your liability insurance coverage, the DMV can suspend your vehicle registration and driver’s license.
New York Car Accident Statute of Limitations
A statute of limitations is a law that sets a time limit on your legal right to file a car accident lawsuit and differs depending on the type of incident. For instance, personal injury claims, wrongful death suits, accidents involving municipal vehicles, and accidents involving minors have varying time limits under which you can bring a lawsuit in the New York court system.
The statute of limitations determines the amount of time you have to bring a lawsuit. Remember, under New York State law, you must file an insurance claim and report the accident to the DMV in most cases, regardless of whether you choose to pursue a lawsuit or not.
Statutes of limitations can be complicated. At times, two or more statutes of limitations could potentially apply to the same case. To avoid confusion, it is advantageous to consult a qualified New York car accident attorney as soon as possible after an accident. He or she will be able to help you navigate the legal system and ensure that you do not miss any important deadlines in your efforts to resolve your claim.
Contact a New York Car Accident Lawyer for Peace of Mind
A serious car accident can lead to untold pain and suffering, both physically and emotionally. Trying to steer yourself through the insurance and legal system can be exasperating and exhausting. Insurance adjusters are notoriously difficult to work with and rarely have your best interests in mind, but an attorney can negotiate with the insurance company on your behalf so that you can relax and focus on your recovery.
New York State accident laws and insurance rules can be complex. It can be difficult to understand what kind of compensation you are truly entitled to after an accident. While this may be true for you, a dedicated car accident attorney can clarify the rights you have! He or she will know what types of damages you may be awarded and how to best argue the case in your favor.
Even regarding a relatively minor accident, there are benefits to consulting a knowledgeable car accident lawyer. You can thus gain peace of mind by making sure you understand your legal rights and options in pursuing your claim.
The professional and compassionate personal injury lawyers at Hill & Moin LLC are the advocates you need after suffering the stress and trauma of a car accident. In practice since 1980, our attorneys have obtained over $200 million in awards and settlements for our clients over the years.
At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Our legal team has a proven track record of successfully defending and litigating for New York injury and accident victims. Learn what our dedicated and results-oriented lawyers can do for you by calling (212) 668-6000 to schedule a free consultation today.
Don’t wonder about your rights!
C. Johnson was driving home after a long day at work. She was approaching an intersection when another vehicle attempted to make a left turn. This accident resulted in C. Johnson suffering an injury to her right shoulder.
C. Johnson decided to search for legal representation. A colleague recommended the law office of Hill & Moin. She called them and conducted an intake. An appointment was set up for C. Johnson to come to the office to meet with one of the partners. The attorney explained the legal process and the steps that their office would take to ensure that her case was resolved with a satisfying outcome.
After a few years of litigation, most of which took place during the pandemic, and months of negotiations with the insurance company, Hill & Moin settled her case for $172,000. The attorneys fought for every last penny for their injured client. When C. Johnson was notified of the outcome, she was very satisfied. She described her experience working with Hill & Moin as pleasant and easy. C. Johnson would recommend Hill & Moin to anyone who is searching for legal representation for personal injury from one of the best law firms in New York.