When car crashes occur, drivers and passengers can receive a serious blow to the head as the vehicle suddenly stops, swerves, or hits another car or object. These sudden impacts frequently result in head injuries like concussions or traumatic brain injuries (TBI), which can range from persistent pain to catastrophic neurological impairment.
In New York, victims of head injuries caused by car accidents can receive some compensation from their insurance company through New York’s no-fault laws, but it may not cover all necessary expenses, especially if the injury is severe. For serious injuries, New York’s Insurance Law allows victims to file personal injury lawsuits against the wrongdoing parties to recover further damages. These lawsuits can be complex, so it is important to work with an experienced New York car accident lawyer to ensure you have the best chance at receiving the compensation you deserve. If you or a loved one suffered a head injury in a car accident, contact Lever & Ecker for a free consultation.
When Can You Sue for a Head Injury After a Car Accident in New York?
New York is a no-fault car insurance state, meaning that drivers are required to purchase personal injury protection insurance to cover at least $50,000 of their medical expenses and lost wages if they are injured in a car accident, regardless of who was at fault. However, this does not prevent an injured person from pursuing legal action against another driver who is responsible for those injuries.
There are circumstances in which you can pursue a personal injury lawsuit against the at-fault driver in addition to your no-fault claim. Under New York law, you can file a lawsuit if you or a loved one suffered injuries that qualify under the law as “serious injuries,” including:
- Death
- Dismemberment
- Significant disfigurement
- Loss of a fetus
- 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, or
- A temporary, medically determined injury or impairment that prevents you from performing your usual daily activities for at least 90 days during the 180 days immediately following the injury.
No-Fault (PIP) Coverage in New York
The New York No-Fault Law requires all automobile insurance policies to provide coverage for reimbursement of medical expenses, loss of income, and other incidental non-medical expenses to any individual who sustains personal injuries arising from the use and/or operation of a motor vehicle, regardless of fault. This coverage is provided by the insurance company of the vehicle that was either occupied by the injured party or when struck as a pedestrian.
New York law requires a minimum of $50,000 in coverage per injured person, but if additional coverage is procured, your insurance policy may provide a greater amount of coverage. But you must suffer a qualifying serious injury to pursue a personal injury lawsuit for non-economic damages such as pain and suffering.
What Compensation Can You Recover for a Head Injury from a Car Accident in New York?
If you suffer a serious head injury in a car accident in New York, you may be able to recover three types of damages in a car accident lawsuit, including economic, non-economic, and punitive damages. These damages provide compensation for more losses than no-fault/personal injury protection insurance.
- Non-Economic Damages: Past and future pain and suffering, emotional distress, loss of enjoyment of life.
- Economic Damages: Costs of medical treatment, costs of rehabilitation, past and future lost income, and future care costs.
- Punitive Damages: In rare cases of gross negligence or reckless driving, courts will award punitive damages to deter the at-fault party from acting negligently in the future.
How Can You Prove Liability in a Car Accident Head Injury Claim in New York?
A variety of individuals could be held liable for a New York car accident, including other drivers and third parties such as municipalities if defects in the roadway caused the crash. To prove liability, you must not only prove that your injury qualifies as “serious” under state law, but you must be able to show a connection between the injury and the crash.
In a New York car accident lawsuit, your attorney may use evidence like medical records, witness statements, accident reports, and expert testimony to prove that your injuries are serious and caused by the crash, and that you were not at fault. Even if you were partially at fault for the crash, New York’s pure comparative negligence law allows you to pursue compensation, though any recovery will be reduced in proportion to your share of responsibility.
Symptoms and Long-Term Effects of Car Accident Head Injuries
The symptoms and lasting effects of a head injury depend on the severity of the injury and how quickly you sought treatment. For many head injuries, treatment is most effective when it’s early, so the problem might become much worse by the time you notice it. Additionally, insurance companies and defense lawyers could try to use any delay in seeking medical treatment against you in court or settlement negotiations.
Some of the most common symptoms of car accident head injuries include:
- Cognitive issues (memory loss, confusion, concentration problems)
- Physical symptoms (pain, headaches, dizziness, fatigue)
- Emotional or behavioral changes
How Lever & Ecker, PLLC Can Help
If you or a loved one suffered a head injury in a New York car accident, it is important to act quickly to ensure your physical well-being 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 car crash victims. With compassion and thorough investigation, we provide proven results.
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 cannot come to us, we will come to you. Our attorneys will fight to secure the full compensation you deserve. To get started with a free, confidential consultation, contact Lever & Ecker today.
- White Plains (Serving all of Westchester County): (914) 288-9191
- Bronx: (718) 933-3632
- Queens: (347) 391-6337
Frequently Asked Questions
Can Passengers Who Suffered a Brain Injury in an Accident Sue?
In New York, passengers are normally covered by the driver or owner of the car’s no-fault/personal injury protection (PIP) insurance, but if their injuries qualify as serious, they may be able to sue. A passenger must suffer a qualifying “serious injury” to be able to successfully sue the responsible driver in court.
What if My Head Injury Symptoms Appear Days or Weeks After the Accident?
It is important not to delay medical treatment or evaluation after a car crash, even if you do not think your injuries are serious. Early treatment can reveal underlying serious injuries like a TBI and make it easier to prove that you sought medical care in connection with the car crash.
Can Pre-Existing Conditions Affect My Claim For a Head Injury?
Pre-existing conditions affect head injury car accident lawsuits, but they do not necessarily prevent you from receiving compensation. Pre-existing conditions can complicate matters by allowing insurance companies to argue your new symptoms are old, requiring proof that the crash worsened your condition.
