What Damages Are Available After a Car Accident In New York?
There are several types of damages victims can sue for following a car accident in New York, including non-economic, economic and punitive damages. Non-economic damages cover losses that can be difficult to quantify, like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Economic damages cover quantifiable losses, such as medical expenses, lost wages/income, property damage, and funeral expenses if the accident resulted in a death. Though far rarer than the compensatory damages discussed above, punitive damages aim to punish defendants for egregious misconduct and can carry significant value.
Does New York Limit the Compensation You Can Recover in a Car Accident Lawsuit?
How Do New York’s No-Fault Laws Impact Compensation?
New York is a no-fault state, meaning all automobile insurance policies must provide personal injury protection (PIP) coverage for medical expenses, loss of income, and other basic economic losses, regardless of fault. New York law requires a minimum coverage of $50,000 per injured person, but you can purchase additional coverage.
Separate and apart from New York’s no-fault laws, injured people can take legal action against a driver responsible for their injuries through a personal injury lawsuit. Victims can file a case against an at-fault negligent driver if they suffered injuries that qualify as “serious” under New York’s Insurance Law. These injuries include:
- 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
- An injury that prevents you from engaging in normal activities for at least 90 of the 180 days following the accident
Is There a Deadline for Filing a Car Accident Lawsuit in New York?
In most cases, you have three years to file a lawsuit under the New York personal injury statute of limitations. Though there are exceptions, such as in cases involving municipal defendants (in which case the filing deadlines are far shorter than three years), your case will be dismissed if you do not file prior to the applicable deadline. Our New York car accident lawyers can thoroughly investigate your case and make sure you do not miss the deadline.
Can I Still Receive Compensation if I’m Partially at Fault?
New York uses a pure comparative negligence standard, allowing you to recover damages even if you partially at fault for the accident, and even if you were more at fault for the accident than the other driver . However, your damages will be reduced in proportion to your share of the fault. For example, if you suffered $1 million in damages but were 30 percent at fault, your final compensation would be reduced to $700,000.
Insurance companies don’t play fair. We are here to level the playing field. Our New York car accident attorneys can help you determine who was at fault for your accident and push back when insurance companies try to pin the blame on you.
Lever & Ecker’s Car Accident Settlement Success
At Lever & Ecker, our top-tier New York car accident attorneys have a long history of achieving high-value compensation for car accident victims, ranging from hundreds of thousands to millions of dollars. Deploying our extensive experience and resources, our firm will work to secure for you the full compensation you deserve for your injuries. Our car accident case results include, for example, $1.25 million we recovered for a client who was rear-ended, causing serious lower back injuries. After arbitration, we secured the maximum amount available under the insurance policy limit for our client.
Consult the Experienced Car Accident Attorneys at Lever & Ecker
If you or a loved one were injured in a car accident in New York and you wish to seek compensation for your injuries and other damages, call (914) 288-9191 or contact us online to schedule a free consultation. With 75+ years of combined experience, our skilled car accident lawyers can guide you down the path to justice and compensation. We are dedicated to helping injury victims throughout the state and making a difference in our communities by providing top-quality legal representation.
