If you were a pedestrian struck by a car on Long Island, you may have options for recovering compensation for your hospital bills and other related losses. You might also be eligible to seek compensation for pain and suffering and other non-economic damages, as well.
A pedestrian accident lawyer from Rosenberg & Gluck, L.L.P. serving Glen Cove can help you with your claim and a fault-based case if needed.
Speak with a team member from Rosenberg & Gluck, L.L.P. today for free. We provide complimentary collision consultations for injured victims and family members of those who passed away. You can reach our office at (631) 451-7900.
For a free legal consultation with a pedestrian accidents lawyer serving Glen Cove, call 516-451-7900
Our Attorneys Understand New York State Pedestrian Injury Laws
According to the New York State Department of Transportation, drivers and pedestrians share a duty to prevent crashes. However, because drivers are also required to follow traffic rules, obey traffic signals, and drive in a careful and mindful manner, they are often legally liable for traffic accidents.
When a pedestrian is the victim of an automobile crash, the state’s no-fault insurance requirements apply in a somewhat different way. Only motorists must carry these policies, so it is the driver’s Personal Injury Protection (PIP) policy that will pay out to cover the pedestrian’s basic needs if they do not have insurance. If their needs exceed the limits, or if there are more significant intangible losses, a third-party liability case can be pursued.
A pedestrian accident lawyer from Rosenberg & Gluck, L.L.P. serving Glen Cove works with pedestrian accident victims to seek the compensation they may qualify to recover following a crash. This includes developing a fault-based case and providing evidence to prove liability when necessary.
To learn if Rosenberg & Gluck, L.L.P. may be able to help you after a pedestrian collision in Nassau County, call (631) 451-7900 today for a free case evaluation.
Glen Cove Pedestrian Accidents Lawyer Near Me 516-451-7900
Options for Pursuing Financial Recovery After a Pedestrian Collision in Glen Cove
If you were hurt while walking on the sidewalk, in a parking lot, crossing a street, or along a road in Glen Cove and were hit by a car, you may have at least one option for recovering compensation. We can help you hold the careless driver responsible and recover additional damages.
Options for pursuing compensation after an injury collision include:
Filing a No-Fault Claim as a Pedestrian
For relatively minor injuries, injured pedestrians can file a claim with the driver’s no-fault insurance policy. This is an unusual circumstance when this policy covers someone besides the policyholder or a member of their immediate family.
PIP no-fault coverage pays out for basic losses after a crash, including for your medical bills and a part of your wage losses until you can return to work or you reach the policy maximum. No-fault coverage does not include pain and suffering damages.
Pursuing Fault-Based Damages
If your injuries are serious, or you are likely to have permanent disabilities, you may be able to pursue a fault-based insurance claim based on the motorist’s bodily injury coverage. This will require you to prove the driver acted carelessly and is at fault in the collision. However, it may also allow you to recover additional types of damages, including pain and suffering.
Taking Wrongful Death Action
If a careless driver caused a pedestrian collision and your loved one died from their resulting injuries, you may be able to file a wrongful death claim. Under EPTL § 5-4.1, the surviving family members of crash victims may be able to recover damages based on their losses following their loved one’s death.
The team from Rosenberg & Gluck, L.L.P. will assess your case and explain the possibilities based on the details of your collision and injuries today. Call (631) 451-7900 to get started for free.
Recoverable Damages Following a Pedestrian Collision in Glen Cove
When you file a claim based on a PIP policy, you are limited in the types of expenses and losses you can recover, as well as limitations imposed by the policy limits.
Pursuing a fault-based claim, when possible, allows you to seek damages not covered by no-fault policies. If you qualify to file a claim based on the driver’s bodily injury coverage, your recoverable damages could include:
- Medical bills, related expenses, and future treatment and care needs
- Your full lost income, including wages, tips or commissions, benefits, and more
- Future lost income or reduced ability to earn
- Expenses paid related to your crash or injuries
- Physical pain and suffering
- Emotional distress
- Reduced quality of life
- Other financial and intangible damages
Some cases cannot reach an out-of-court settlement and require us to go to trial to prove the careless driver was responsible for your collision and injuries. Generally, CPLR § 214 gives us up to three years to get started with this process. However, some circumstances alter the timeline on these cases.
For example, one exception is if the driver who hit you was working for a municipality at the time. When this occurs, it shortens the deadlines you must meet in your case significantly. You may have only 90 days to notify the government agency about the crash and your intent to file a claim. Similarly, wrongful death cases have shorter time limits that apply.
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Speak with Our Team About Your Injuries After a Pedestrian Collision in Glen Cove
A pedestrian accident lawyer from Rosenberg & Gluck, L.L.P. serving Glen Cove can represent pedestrians hit by careless drivers on Long Island. We will review the details of your crash, including the severity of your injuries and your legal options for compensation. We serve Nassau and Suffolk counties as well as the rest of the New York City metropolitan area.
Reach out to our team today to speak with someone about your case. We can also discuss your collision with you in Spanish if needed. Call Rosenberg & Gluck, L.L.P. at (631) 451-7900 to get started.