Motor vehicle accidents can leave you with significant damages. When someone else’s negligent action leads to a serious crash resulting in devastating injuries, the only way to provide justice for the victims is to ensure that they do not suffer the financial consequences.
If you sustained an injury or lost someone you love in a car accident in Queens, a car accident attorney in Jamaica, Queens may be able to help you get the compensation you deserve. At the same time, you can focus on physically and emotionally healing.
Not all car accidents result in a lawsuit. New York adheres to the no-fault policy regarding compensation following auto accidents. The state requires all drivers to carry a minimum amount of personal injury protection (PIP) insurance, liability, and uninsured motorist coverage to register a vehicle.
Basic PIP insurance, also known as no-fault insurance, covers:
Car accident victims eligible for coverage under PIP insurance include the policyholder, passengers, and pedestrians injured in the accident. The way no-fault insurance works is that both drivers involved in a car crash must file a claim with their own insurance company regardless of who is at fault for the accident.
This eliminates the need to file a lawsuit in cases without serious injuries. However, if you suffered severe injuries in a car accident, you could potentially sue for more damages with the help of a Queens car accident lawyer.
New York established a threshold for serious injury to allow accident victims to bypass no-fault insurance and file a claim against the party responsible for the accident.
Serious injuries under this law include:
If any of your injuries meet one of the injuries listed above Queens car accident lawyers can help you better understand the legal options available to collect compensation for all of your medical expenses.
Determining fault in a car accident case is not always a cut-and-dried process. Once you file a lawsuit, you should expect the defendant’s insurer to claim that you are, at minimum, partially responsible for the accident and your injuries.
If you know that you do share fault, you should not allow that to deter you from seeking compensation. Even with shared responsibility, you can still recover a portion of the damages under the comparative negligence rule.
According to the rule of comparative negligence in personal injury law, if the plaintiff shares fault for the accident, their percentage of fault equals the percentage deducted from recoverable compensation.
Most states follow either one of two types of the comparative negligence rule:
New York abides by the pure comparative negligence rule. This means that you are still eligible to receive compensation even if you are more than 50% responsible.
However, you cannot be 100% responsible. When you reach out to Queens car accident attorneys, they will explain the process of determining your percentage of fault.
The types of damages you can recover in car accident claims typically fall under compensatory damages, including economic and non-economic damages.
Economic damages are:
Your PIP insurance covers all the economic damages except for property damage in a less serious accident. PIP does not cover non-economic damages, but you can sue for these if your injury meets the threshold for serious injury. Non-economic damages include:
In a wrongful death lawsuit, you may also sue for a loss of benefits, such as retirement or health insurance, if you lost a loved one that contributed to your household income.
Additionally, a spouse can claim non-economic damages, such as loss of consortium or loss of companionship. An auto accident attorney in Jamaica, Queens can help you accurately value the damages in your claim to ensure that you receive maximum compensation.
Far rarer in car accident cases is an order of punitive damages. Punitive damages do not compensate for your losses.
Instead, the court may require the defendant to pay you punitive damages to punish them for grossly negligent behavior. As the plaintiff, the burden to prove that the defendant acted with a complete disregard for the safety of others would fall on you.
If you sustained injuries in a car accident due to another person’s negligence, an auto accident attorney in Jamaica from Elliot Ifraimoff & Associates law firm is here to help you get through the legal process quickly and fight for fair compensation in your personal injury claim to get you back up on your feet.
Facing this challenging time alone can leave you feeling uncertain and stressed. We can offer support and alleviate some of that burden. Contact us today to schedule a free consultation at our law offices.