Addressing Personal Injury from Car Accidents in New York
Across the United States, vehicle accidents are the leading cause of personal injury claims. In a year, an average of 4.5 million people seek medical treatment for car accidents. These injuries range from minor bruises and scrapes to permanent disability and death. If you or someone in your family has been injured or killed in a car accident in New York City, you should consult with the Law Firm of Figeroux & Associates. We are a law firm well-known for our track record of litigation success in car accident cases. Our experienced personal injury attorneys have won large settlements for victims of car injuries.
Numerous examples of settlements on personal injury cases from vehicle accident lawsuits exist. For instance, there is a case against the City of New York for failing to repair a flooded roadway, which caused the motorist’s accident and resulted in brain injuries. A 35-year-old driver struck by another car that needed surgery filed a case for compensation for the treatment of injuries to her lumbar spine. Similarly, a 45-year-old passenger in her lane who stopped at a traffic light was hit from the rear. She required surgery on her neck and back.
Car accidents are commonplace in New York City, sometimes leading to traffic jams. They are more frequent during the weekday, especially around rush hours—lunchtime and evening commute leading to several crashes. Overall, thousands of vehicle crashes in New York State, with an average of 30 hits per hour around the Empire state.
Car Accident Statistics by Borough
The statistics of vehicle-rated accidents across the five boroughs in New York City show that Brooklyn (Kings County) and Queens have the highest traffic-related deaths. Bronx county records slightly higher deaths than New York County. At the same time, Staten Island has the least number and is considered the least dangerous place. Interestingly most hospitalizations and death occur among pedestrians, while the vehicle occupants often end up seeking emergency treatment.
Types of Accidents in New York City
The frequently seen type of accident in New City is collisions between passenger vehicles. The most occurring factors are violating traffic laws and distracted driving. Another common accident in the city is pedestrian accidents, which have been traced to speeding, distracted driving, failing to see pedestrians, or yielding to someone in a crosswalk. Car-bicycle collisions are also a significant cause of death in the city. An average of 3,800 bicycle-vehicle crashes in 2019 resulted in injuries or death to bicyclists.
What to Do After a Car Accident
Most vehicle collisions are unexpected and brutal, with most victims feeling confused in the event’s aftermath. Hence, the actions taken afterward can have both financial and health-related repercussions.
Most personal injury cases from car accidents in New York are settled out of court. In contrast, some cases go to trial and are heard by a jury or judge. In cases where the driver was negligent, the victim may receive compensation for their experience of pain and suffering. However, many factors considered in passing judgment include providing irrefutable evidence that the injury was caused by accident and that the victim suffered a significant loss due to the accident.
Types of Personal Injury Occurring from Car Crash
In general, life for many car accident victims is never the same. While the impact can range from mild to severe, victims sometimes must endure long-term medical treatments, including physical and psychological therapy. Some of the injuries caused by car accidents include soft tissue and bone injuries and traumatic brain injuries.
Some of these injuries are life-changing because they can take a long time before healing and is beside the unimaginable effect these accidents have on the victim’s family members. However, the state of New York has laws that address some of the victims of personal injury from car accidents.
‘No-fault’ Insurance In New York
The No-fault insurance, also referred to as “Personal Injury Protection” (PIP) insurance, was approved by the state’s lawmakers in the 70s. Car insurance lowers the cost of auto insurance by settling small claims outside the courts. The insurance companies handle paying the cost of up to $50,000 on behalf of their policyholders to victims. This will cover simple items like minor injuries, lost earnings, and medical bills, irrespective of who caused the accident. However, some conditions can make a person ineligible for a no-fault benefit. They include driving under the influence, intentional accidents, committing a felony, getting injured while riding in a stolen vehicle, and having an uninsured vehicle. However, under New York State laws, a legal settlement can still be pursued over the victim’s pain and suffering, injuries, and loss of personal property.
New York’s Statute of Limitations
It is worth noting that when an individual sustains a personal injury from an accident, there is a three-year gap to file a case before the state of New York. Therefore, when an individual is seriously injured in a vehicle accident, the amount of time they must file a claim after a car accident is up to three years from the date of the accident. It is expedient for the injured person to seek medical treatment soon after the accident and legal advice from a car accident lawyer to review their case.
Factors that Affect a Car Accident Settlement’s Value
There is no uniform agreement or guideline on settling car accident settlements cases. Sometimes out-of-court settlements from accidents can be reached with the attorney. In the case that goes to trial, the jury considers all aspects of damages — economic, non-economic, and punitive, especially in accidents caused by distracted driving and recklessness.
The amount of settlement awarded in New York State is determined by percentage. For instance, it can be agreed that the driver is 80% at fault. At the same time, the other such as occupants, etc., is 20% at fault, otherwise known as pure comparative negligence. They are determining the cost of medical treatment. All the documentation associated with the medical expenses during or after the accident must be considered for claims.
In determining the severity of personal injuries, settlements are largely determined by the level of the injury and seriousness of the damage. A minor damage will receive less money than a permanent, chronic, or severe injury. Furthermore, the jury also reviews other factors during a trial, such as the worth of the other party’s insurance, i.e., how much the other party’s insurance policy carries. To determine if the person who caused the presenting situation that led to the car accident doesn’t take high-value insurance coverage. All these require an expert view to help determine alternatives to obtaining an insurance claim or other revenue sources that will enable the defendant to provide a payout.
Therefore, some factors that influence compensation after a car accident are the law of shared fault and negligence, the number of economic damages, the severity of injuries, and the auto insurance policy limits. Most cases need legal support and expert advice, especially from personal injury attorneys.
A personal injury attorney specializes in helping victims obtain settlements by providing legal assistance and advice after a car crash. The attorneys at the Personal Injury Law Firm of Figeroux & Associates possess a wide range of experience and the expertise needed to advocate for victims who have been placed in vulnerable positions from a car accident. Call us at 855-768-8845 or schedule an appointment at www.askthelawyer.us.
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