When a Collision Warrants a Personal Injury Lawsuit
In general, there are a couple of ways to recover damages from a negligent driver: an insurance claim or a personal injury lawsuit. Since no-fault insurance is mandatory for all drivers in New York, that is where most drivers look first when attempting to seek compensation after a collision.
However, these policies are often unable to cover all of the damages suffered in a severe accident. They limit coverage to the most basic losses, such as the policyholder’s medical bills, travel costs for doctor’s appointments, and some missed wages.
For those facing significant injuries or mounting medical bills, additional compensation is often needed to achieve financial recovery. For this reason, New York outlines certain circumstances in which these victims can file a personal injury lawsuit under New York Insurance (ISC) §5102. When this insurance statute applies, it means you can file a lawsuit against the driver who caused your collision to collect your remaining damages.
Types of Injuries in a Collision Lawsuit
To proceed with a lawsuit against another driver who caused your collision and injuries, you will need to qualify based on the state’s threshold for damages. This means that the financial losses you are facing exceed a certain amount, or your injuries qualify as “serious.” The statute provides examples of injuries that may fit this requirement, such as significant disfigurement, loss of a pregnancy, impaired organ or body function, and fracture.
If you meet either of these thresholds, you could recover additional damages according to the evidence available. This additional compensation can potentially include non-economic damages, which apply to the pain and suffering the collision has caused you.
It is important to note that the team at Rosenberg & Gluck, L.L.P. can help with all aspects of your case. Do not hesitate to reach out today. Call (516) 451-7900 now to speak with one of our representatives about your case.
Time Restrictions to Consider After a Crash
When you get into an accident, you likely want to handle your case as quickly as possible in order to recover the compensation you need. However, there is another reason to get this process underway as soon as you can: the statute of limitations.
Every state determines how long victims have to file a personal injury lawsuit against someone who caused or contributed to their injuries. In New York, this time restriction is generally three years for collisions and similar incidents, per New York Civil Practice Law & Rules (CVP) §214.
Depending on the parties involved in your case, this timeline could be much shorter. For instance, if a municipal truck caused your crash, you may have even less time to initiate a lawsuit. You may wonder how you will handle this process on your own while nursing your injuries. This is where the services of a collision attorney can come into play. We can review the applicable statute of limitations for your case, and make sure a lawsuit is started within the required time.
