For many reasons, pursuing financial recovery after a traffic accident in Commack is a uniquely complicated process. Even if you have grounds to file a lawsuit or settlement demand, which is only possible under specific circumstances, proving someone else liable for your injuries is a difficult task.
Fortunately, help is available from a seasoned personal injury attorney with the experience necessary to navigate New York’s confusing car accident litigation laws. Once retained, a Commack car accident lawyer who knows how these cases work could ensure you understand all of your options and diligently pursue the best possible outcome to your claim.
When is Litigation Possible After a Car Crash?
New York adheres to a “no-fault” car insurance system, which means that most people injured in a car accident are not eligible to file suit against a negligent third party right away. Instead, anyone hurt in any kind of traffic accident must first seek payment through their own car insurance policy. This should provide compensation up to policy limits for medical bills, car repair or replacement costs, rental car fees, and other out-of-pocket financial expenses that stem directly from the car crash.
An injured person can only step outside the no-fault system and pursue third-party litigation if they sustain what state law defines as a “serious injury” due to someone else’s negligence. This specifically means suffering one or more of the following consequences from a wreck:
Bone fracture
Complete or nearly complete disability for 90 days or more
Significant disfigurement
Significant limitation of a bodily function or internal system
Permanent loss of function in a body part or organ
A Commack auto accident lawyer could help determine, on a case-by-case basis, whether the circumstances surrounding a crash may justify recovery through a settlement demand or lawsuit.
Establishing Fault for Specific Losses
If a car accident results in a serious injury, the injured party can only recover compensation from another individual involved if they can prove that individual was legally negligent. In practice, this means showing that they violated the duty that all drivers owe each other to act responsibly on the road by instead acting in a carelessly and reckless way. Their irresponsible conduct was the direct cause of an accident that, in turn, directly caused the plaintiff’s injuries.
Through a successful claim, a plaintiff could recover for the full value of both economic and non-economic losses stemming from their injuries, including damages that insurance typically would not cover like physical pain and lost quality of life. However, under New York Civil Practice Law and Rules § 1411, court's ruling on such claims can assign a percentage of fault to injured plaintiffs for their own injuries based on their own negligence. This can subsequently reduce their final damage award in value, based on that percentage. Support from a knowledgeable car accident lawyer in Commack could be crucial to mitigating the impact that this legal roadblock and others might have on civil recovery.
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Talk to a New York Car Accident Attorney to Learn More
The aftermath of a motor vehicle wreck is always a confusing and stressful period, especially if it led to you suffering serious physical injuries. Adding civil litigation on top of everything else you are dealing with might understandably seem like too much to handle. But it could also be critical to preserving your future prospects and best interests.
A qualified Long Island car accident attorney could review your circumstances and offer guidance about possible next steps during a private consultation. Schedule yours by calling today.