Table of Contents
- When Can You Get Compensation for a Shoulder Injury After a Car Accident in New York?
- What Types of Compensation Can You Recover for a Shoulder Injury After a Car Accident in New York?
- How Can You Prove a Shoulder Injury Claim in New York?
- Common Shoulder Injuries Caused by Car Accidents in New York
- Experienced a Shoulder Injury After a Car Accident? Contact Our New York Injury Law Firm
Yes, in New York, people involved in car accidents that suffered shoulder injuries can pursue compensation through a lawsuit, but only if their injury qualifies as “serious” under New York State’s Insurance Law. Shoulder injuries are unfortunately common in car accidents, and they can often be extremely serious and life-altering.
At Lever & Ecker, PLLC, our experienced New York car accident lawyers handle every step of the legal process on your behalf, from investigating your accident to pursuing a personal injury lawsuit when warranted. If you or a loved one suffered a shoulder injury in a car accident, contact us today for a free consultation.
When Can You Get Compensation for a Shoulder Injury After a Car Accident in New York?
While New York is a no-fault car insurance state, this does not prevent injured people from pursuing legal action against other drivers who are responsible for their injuries, if the injuries are serious. You may be able to file a car accident personal injury lawsuit against the at-fault party in addition to your no-fault claim if you or a loved one suffered shoulder injuries that qualify under the law as “serious injuries,” including:
- Dismemberment
- Significant disfigurement
- A fractured bone
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of a body organ or member
- A significant limitation of the use of a body function or system
- A medically-provable injury that prevents the victim from performing all of their usual daily activities substantially for at least 90 days during the 180 days immediately following the accident
No-Fault (PIP) Coverage in New York
New York’s No-Fault Law requires all automobile insurance policies to provide reimbursement for medical expenses and certain limited lost wages, regardless of who was at fault for the accident. Policies must include at least $50,000 in coverage per injured person, depending on the coverage procured.
However, reimbursement through no-fault insurance does not include compensation for pain and suffering and certain other types of damages. To pursue a personal injury lawsuit and recover compensation for pain, suffering, and other non-economic damages, you must have suffered a qualifying “serious injury” under New York law.
What Types of Compensation Can You Recover for a Shoulder Injury After a Car Accident in New York?
After being seriously injured in a car accident in New York, you may be able to recover three types of damages through a lawsuit. These include:
- Non-Economic Damages: Compensation for pain and suffering, emotional distress, loss of enjoyment of life, and more.
- Economic Damages: Compensation for lost income, as well as costs associated with medical treatment, rehabilitation, and future care.
- Punitive Damages: Courts may award punitive damages in rare cases of gross negligence or willful and wanton misconduct, such as reckless driving.
How Can You Prove a Shoulder Injury Claim in New York?
Various types of evidence can be used to prove liability and the seriousness of a shoulder injury after a car accident in New York. Medical evidence, such as X-rays, MRI scans, surgical reports, and physical therapy notes, can be used to establish the severity of your injury to ensure you meet New York’s “serious injury threshold” for car accident lawsuits.
To prove the at-fault party’s liability, you can use witness statements, accident documentation, police reports, photos, and videos from the accident scene, testimony from accident reconstruction experts, and more. Our experienced New York car accident attorneys at Lever & Ecker can assist you in gathering all available evidence to strengthen your case.
Common Shoulder Injuries Caused by Car Accidents in New York
Car accidents can cause countless types of injuries, especially involving the shoulder. Some of the most common shoulder injuries caused by car accidents in New York (not all of which qualify as “serious injuries”) include:
- Rotator cuff tears
- Dislocations and fractures
- SLAP tears and labral injuries
- Whiplash-related shoulder pain
- Soft tissue injuries and inflammation
Experienced a Shoulder Injury After a Car Accident? Contact Our New York Injury Law Firm
After injuring your shoulder in a car accident, it’s crucial to act quickly to ensure the injury doesn’t worsen and to protect your legal rights. At Lever & Ecker, our award-winning New York lawyers have more than 70 years of combined experience fighting for the rights of injured people. We handle the legal process on your behalf, from investigation through litigation, should trial become necessary. With compassion, thorough investigation skills, and proven results, our attorneys will fight to secure the full compensation you deserve.
With offices in White Plains, the Bronx, and Queens, we serve injured clients throughout New York State, including all five boroughs of New York City, all of Westchester County, and the surrounding counties. We make home and hospital visits, so if you can’t come to us, we’ll come to you. To get started with a free, confidential consultation, contact Lever & Ecker today online or by calling one of our New York offices:
- White Plains (Serving all of Westchester County): (914) 288-9191
- Bronx: (718) 933-3632
- Queens: (347) 391-6337
FAQs About Shoulder Injuries from Car Accidents in New York
What if I don’t notice symptoms of a shoulder injury until days after the crash?
Even if you don’t feel seriously injured after a car accident, it’s important to seek medical treatment as soon as possible to check for any injuries that may be harder to spot or take longer to manifest. Seeking medical treatment immediately after an accident also makes it easier to prove that your injury occurred as a result of the accident.
Can I still file a claim for my shoulder injury if I was partially at fault?
In New York, you may be able to recover compensation for a shoulder injury caused by a car accident even if you were partially at fault for the accident. New York’s pure comparative negligence law allows victims to recover damages even if they were partially or mostly at fault for the accident. However, your damages will be reduced in proportion to your share of the fault.
How long do I have to file a personal injury claim for my shoulder injury in New York?
In New York, most car accident victims who were seriously injured have three years from the date of the accident to file a lawsuit. However, there are exceptions to the statute of limitations for car accident injuries–for example, if a municipal entity was at fault, in which the deadlines to start a case are far shorter. It’s important to speak with an attorney to determine the specific deadline for your case.
