An auto accident is typically a frightening experience for the victims. All too often a victim suffers physical and emotional injuries as a result of the collision. To make matters worse, a victim frequently faces financial hardship if the injuries leave the victim unable to work for some time after the accident. If you have been injured in an auto accident you could be entitled to compensation for your injuries if another party caused, or contributed to, the collision. To ensure that you are fully and fairly compensated for all your injuries you need an experienced auto accident attorney on your side.
At the Law Offices of Adam M. Thompson, P.C., we understand the devastation an auto accident can cause to a victim and the victim’s family. We cannot turn back the clock and prevent the collision; however, we can make sure the at-fault party is held accountable for your suffering and ensure that you receive the maximum amount of compensation to which you are entitled for your injuries. If you have been the victim of a New York City auto accident, contact the Law Offices of Adam M. Thompson, P.C. by calling 212-267-2424 or by filling out our online contact form. We also proudly serve New York State and New Jersey.
New York No-Fault Law
New York has a no-fault insurance law. This means that if you are involved in an accident, your own insurance company will pay for your medical expenses, lost wages, and property damage (if covered) regardless of who was at fault in the accident. Your own insurance coverage, however, will not pay you for non-economic damages, commonly referred to as “pain and suffering.” Non-economic damages are only available by filing a traditional personal injury lawsuit. To sue an at-fault driver for damages beyond what your own insurance policy covers, including pain and suffering, you must satisfy one of the “Serious Injury Thresholds” which include:
- Significant disfigurement
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of use of a body function or system
- Significant limitation of use of a body function or system
- Medically determined injury or impairment of a nonpermanent nature, which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual or customary activities for not less than 90 days during the 180 days immediately following the occurrence or injury.
Compensation in an Auto Accident
The type and extent of compensation to which a victim is entitled to for injuries suffered in an auto accident depends, to a large extent, on whether the victim is operating under the no-fault system or the traditional lawsuit system. Under the no-fault system a victim typically files a claim with his or her own insurance provider who will then reimburse the victim for economic damages such as medical expenses and lost wages.
If the victim is able to pursue a traditional personal injury lawsuit the victim could be entitled to additional economic damages and to non-economic damages. The following types of economic damages might be available to a victim:
- Medical bills–necessary and reasonable cost of medical treatment associated with injuries caused in the accident.
- Lost wages–if you were unable to work after the accident, you may be entitled to compensation for the time period that you were unable to work.
- Property damage–if your own insurance policy did not cover the costs associated with repairing your vehicle you may be entitled to recover those costs in a personal injury lawsuit.
- Out of pocket expenses–costs such as towing, rental car costs, and travel expenses may be compensable.
In addition, a victim may be entitled to non-economic damages. Although non-economic damages are commonly referred to as “pain and suffering,” they actually include more than just pain and suffering, In New York, non-economic damages may compensate a victim for the following:
- Pain and suffering
- Loss of use
- Mental anguish
- Loss of love, support and companionship
- Emotional distress
Non-economic damages are intended to compensate the victim for the emotional trauma the accident caused. The value of the non-economic damages portion of your claim or lawsuit is subjective in nature, making it much more difficult to calculate.
An auto accident can disrupt, even devastate, the life of a victim. If you have been involved in a New York City car accident that was caused, at least in part, by another party, our law office may be able to obtain compensation for you above and beyond that offered by your own liability insurance coverage. At the Law Offices of Adam M. Thompson, P.C. we will work zealously to make sure you are fully and fairly compensated for all of your injuries. Contact us now by calling 212-267-2424 or by filling out our online contact form now.
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