The damages you can collect for a car accident depends on your documented losses and other factors. A car accident attorney will help you understand the possible value of your case and the options you have for seeking financial recovery.
While New York insurance laws limit many accident victims to filing a no-fault claim based on their own personal injury protection (PIP) coverage, you could qualify to pursue damages from the other motorist as well. Under New York Insurance (ISC) §5102(d), you are able to pursue additional types of damages and hold the negligent driver legally liable if you suffered a “serious” injury (as defined by the law) or your bills exceed the limits of your PIP policy.
Damages Available Through Your PIP Coverage
If you pursue compensation through your PIP coverage alone, as many accident victims
do, your policy will only cover certain damages up to policy limits. According to the New York State Department of Financial Services (DFS), this includes:
- Medical treatment and rehabilitation according to the published fee schedules, up to your policy limit
- Up to $2,000 each month for up to three years, covering 80 percent of your lost wages from your job
- As much as $25 a day for the first year to cover your necessary and related expenses, and
- Up to $2,000 to the estate of a policyholder who passed away from their injuries
Most PIP policies provide up to $50,000 in coverage. Once your expenses exceed this limit, you should explore other options to recover additional damages.
Recoverable Damages in a Car Accident Lawsuit or Liability Claim
The economic expenses and losses experienced when you have a serious, long-term, or permanent injury are often overwhelming. A liability claim allows you to seek financial losses above and beyond those covered by your PIP no-fault insurance.
A fault-based claim opens additional doors for what damages you can collect for a car accident. The damages you may seek are the same, no matter if your lawyer reaches an out-of-court settlement with the other driver’s insurance provider or if they present your case to the judge and jury for a court award.
You will be able to pursue compensation for almost any type of damages you incurred from the accident, as long as you have documentation, or your attorney can prove they occurred. Types of recoverable damages in these cases include:
- Medical treatment and related expenses beyond your PIP coverage
- Ongoing care costs related to your injuries
- Lost income and benefits, as well as reduced ability to earn
- Loss of services you normally perform for your family
- Out-of-pocket expenses from your accident and injuries
- Non-economic damages, typically referring to non-quantifiable harm, such as pain and suffering
Future losses are also available if there is reason to believe you will require additional medical care or rehabilitation related to your accident injuries. These—as well as non-economic damages—make calculating losses in a liability case more complex. Non-economic damages, as mentioned above, refer to intangible losses the victim suffered, such as pain and suffering, diminished quality of life, and emotional distress.
Depending upon the unique circumstances of your case, your lawyer will likely work with experts to determine and prove the extent of your losses, such as medical experts, vocational rehabilitation specialists, life care planners, and economists.
Wrongful Death Damages in a New York Car Accident
If you tragically lost a loved one as a result of a New York motor vehicle accident, we extend to you our heartfelt condolences. Our team is here to offer support and legal representation. Immediate family members and other beneficiaries of the deceased’s estate could recover not only the $2,000 benefit from your loved one’s PIP policy, but you can also seek wrongful death damages in a fault-based action. Of course, wrongful death is especially tragic. When we handle wrongful death claims and lawsuits we are dedicated to winning the monetary compensation you need and the justice your departed loved one deserves.
Talk to a Member of Our Legal Team About Your Accident Today
Friedman & Simon, L.L.P. lawyers are passionate advocates for the injured. We want to help you seek and secure a financial recovery for the injuries you suffered and the expenses you incurred. We offer complimentary case reviews and meet with potential clients on Long Island and elsewhere in the New York metropolitan area. We even have multilingual staff who can help you understand your case in your native language, including Spanish, Greek, Bengali, Tamil, or Kannada.
Our team will analyze your case and explain your legal options, outlining how we will protect your rights and pursue a payout for you. We can ensure you meet all applicable deadlines when possible, including those set by New York Civil Practice Laws & Rules (CVP) §214, New York’s statute of limitations, which limits the amount of time within which you must commence your lawsuit, or risk losing your right to ever make a claim for the injuries and damages you have suffered.
Reach out to Friedman & Simon, L.L.P. today for your free consultation. You can reach us now by dialing (516) 932-0400.