How to Get Money for Getting Hurt in a Car Accident in New York

No Fault

If you've been hurt in a car accident in New York, you may be wondering how to get the money you need to pay for medical bills, lost wages, and other expenses. The good news is that New York has a no-fault insurance system that provides Personal Injury Protection (PIP) benefits to cover these costs, regardless of who was at fault for the accident.

In this blog post, we'll talk about how you can get money for your injuries after a car accident in New York, from filing a PIP claim with your own insurance company to gathering evidence and considering a personal injury lawsuit if your injuries are serious. We'll also discuss the importance of working with an experienced personal injury attorney to protect your rights and maximize your compensation.

To be eligible for PIP benefits, you must file a claim with your insurance company within 30 days of the accident. PIP will cover up to $50,000 in combined expenses for things like:

Medical and rehabilitation costs

80% of lost wages, up to $2,000 per month for up to 3 years

Up to $25 per day for household services like cleaning and yard work that you are unable to perform due to your injuries

Reasonable transportation expenses to get to medical appointments

While no-fault insurance simplifies the claims process and allows injured parties to get compensated quickly without lengthy legal disputes, there are situations where you may be able to file a lawsuit against the at-fault party to recover damages beyond what PIP covers. In order to step outside the no-fault system and bring a liability claim against the other driver, your injuries must meet certain thresholds defined in New York law as a "serious injury." Examples of qualifying serious injuries include:

- Significant disfigurement

- Bone fractures

- Permanent limitation of use of a body organ or member

- A non-permanent injury or impairment that prevents you from performing your usual activities for at least 90 of the 180 days immediately following the accident

If your injuries qualify as "serious" under the law, you can sue the at-fault driver for damages like pain and suffering, long-term disability, and other losses that exceed PIP benefits. You may also be able to sue for property damage to your vehicle. An experienced personal injury attorney can evaluate your case and advise you on your eligibility to file a liability claim.

Document the Accident and Your Injuries

Filing a Police Report

Filing a police report is a crucial step following a car accident. It creates an official record of the incident, which can be essential for insurance claims and legal proceedings. When filing a report, provide as much detail as possible, including the date, time, and location of the accident, the parties involved, and a description of what happened. Be honest and accurate in your account, and avoid admitting fault or assigning blame. Obtain a copy of the police report for your records, as it may be necessary for future reference.

Gathering Evidence

Collecting evidence at the scene of the accident can greatly support your case. If it is safe to do so, take photos of the damage to all vehicles involved, their positions on the road, and any skid marks or debris. Capture images of the surrounding area, including traffic signs, road conditions, and weather conditions. If there are witnesses, ask for their contact information and request that they provide a written statement describing what they saw. Other valuable evidence may include dashcam footage, surveillance videos from nearby businesses, and police reports. Keep all evidence organized and secure for future use.

Examples of evidence to gather:

Photos of vehicle damage, position, and license plates

Photos of injuries sustained by parties involved

Photos of road conditions, skid marks, and debris

Witness statements and contact information

Police report

Medical records and bills

Dashcam footage or surveillance videos

Keeping Track of Medical Treatment and Expenses

If you sustain injuries from the accident, seek medical attention immediately and follow your doctor's advice. Keep detailed records of all medical treatments, including doctor visits, medications, therapies, and any other related expenses. Request copies of your medical records and bills, as these will be important for insurance claims and potential legal proceedings. Keep a journal documenting your recovery process, including pain levels, limitations, and any missed work or activities due to the injuries. This information can help establish the extent of your damages and support your claim for compensation. testing and stuff

Examples of medical expenses to track

Ambulance fees

Emergency room visits

Doctor appointments

Medications

Physical therapy sessions

Diagnostic tests (e.g., X-rays, MRIs)

Specialist consultations

Mental health counseling

Medical equipment (e.g., crut

File a Personal Injury Protection (PIP) Claim

Notifying your insurance company

After a car accident, one of the first steps you should take is to notify your insurance company. This is crucial to initiate the claims process and ensure that you receive the Personal Injury Protection (PIP) benefits you're entitled to. When contacting your insurer, provide them with as much information as possible about the accident, including the date, time, location, and a brief description of what happened. Be sure to have your policy number and the contact information of any other parties involved in the accident.

Provide necessary documentation

To process your PIP claim, your insurance company will require various documents. These may include a copy of the police report, medical bills and records related to the accident, proof of lost wages if you missed work due to your injuries, and any other relevant documentation. Keep detailed records of all expenses incurred due to the accident, as this will help you receive the maximum benefits available under your policy. For example, if you visited the emergency room after the accident and followed up with physical therapy sessions, make sure to keep all the bills and receipts.

Understand the timeline and limitations of PIP benefits

It's essential to familiarize yourself with the timeline and limitations of your PIP coverage. In most states, you have a specific timeframe to file a PIP claim after the accident, usually ranging from 14 to 30 days. Failing to submit your claim within this period may result in a denial of benefits. Additionally, PIP coverage typically has limits on the amount you can receive for medical expenses and lost wages. For instance, your policy might cover up to $10,000 in medical bills and 80% of your lost wages, up to a maximum of $5,000. Understanding these limitations will help you plan your recovery and manage your expenses accordingly. If your injuries are severe and your expenses exceed your PIP coverage, you may need to explore other options, such as filing a personal injury lawsuit against the at-fault driver.

Consider Filing a Personal Injury Lawsuit

Situations where a lawsuit is appropriate (serious injuries, negligence, etc.)

A personal injury lawsuit may be appropriate when you've suffered serious injuries due to someone else's negligence or intentional actions. Examples of situations where a lawsuit might be warranted include:

Car accidents caused by a drunk, distracted, or reckless driver

Slip and fall accidents on poorly maintained property

Medical malpractice resulting in injury or worsened condition

Defective products that cause harm when used as intended

Assault or battery causing physical and emotional injuries

The key factors are that your injuries are significant (requiring medical treatment, time off work, etc.) and that they were directly caused by the other party's negligence or malice. Minor injuries or unavoidable accidents generally don't warrant a lawsuit.

Statute of limitations for filing a lawsuit in New York

It's important to be aware of the statute of limitations, which sets a deadline for filing a personal injury lawsuit. In New York, the statute of limitations is generally three years from the date of the injury. However, there are some exceptions:

- If the injury was not discovered right away (e.g., a medical misdiagnosis), the clock may start when the injury was discovered.

- If the injured person is a minor, the three-year clock starts on their 18th birthday.

- If the defendant is a government entity, you may need to file a notice of claim within 90 days of the injury.

Missing the statute of limitations deadline means losing your right to sue, so it's crucial to act promptly and consult with an attorney as soon as possible after an injury.

Working With a Personal Injury Attorney to Build Your Case

Building a strong personal injury case requires gathering evidence, interviewing witnesses, consulting with experts, and navigating complex legal procedures. These tasks can be overwhelming, especially when you are dealing with the physical and emotional trauma of an injury. An experienced personal injury attorney can handle all of these tasks and fight for your rights throughout the process.

When looking for a personal injury attorney, it's essential to find someone with a track record of success in cases similar to yours. For example, if you've been injured in a car accident, look for an attorney who has successfully represented clients in car accident cases. If you've been injured due to medical malpractice, seek out an attorney with experience in that specific area of law. An attorney with relevant experience will have a better understanding of the nuances of your case and the strategies needed to build a strong argument on your behalf.

Most personal injury attorneys offer free initial consultations, which allow you to discuss your case and determine whether the attorney is a good fit for your needs. During this consultation, the attorney will ask questions about your injury, the circumstances surrounding the incident, and any evidence you may have. They will also explain their fees and the contingency basis on which they work. Under a contingency fee arrangement, the attorney only gets paid if you win your case, and their fee is typically a percentage of the settlement or award.

Your attorney will help you in several key ways

1. Gathering evidence: This may include obtaining police reports, medical records, witness statements, and any other relevant documentation to support your claim.

2. Consulting with experts: Depending on the nature of your case, your attorney may consult with medical experts, accident reconstruction specialists, or other professionals to provide expert testimony and strengthen your case.

3. Negotiating with insurance companies: Insurance companies often try to settle cases quickly and for as little as possible. Your attorney will handle all communication with the insurance company and negotiate on your behalf to ensure you receive fair compensation.

4. Representing you in court: If a settlement cannot be reached, your attorney will represent you in court, presenting your case to a judge and jury.

5. Advising you on legal matters: Your attorney will guide you through the legal process, explaining your rights and options, and helping you make informed decisions about your case.

Negotiate a Settlement or Go to Trial

When faced with a legal dispute, one of the crucial decisions you and your attorney will need to make is whether to negotiate a settlement or proceed to trial. Both options have their advantages and disadvantages, and the choice will depend on the specific circumstances of your case.

Understanding the Settlement Process

A settlement is an agreement between the parties involved in a legal dispute to resolve the matter outside of court. The settlement process typically involves negotiations between the attorneys representing each party, with the goal of reaching a mutually acceptable resolution. Settlements can be reached at any stage of the legal process, from before a lawsuit is filed to the eve of trial.

Advantages of settling include:

1. Cost savings: Trials can be expensive, and settling can help avoid significant legal fees.

2. Time efficiency: Settlements can be reached much faster than the time it takes to go through a trial.

3. Privacy: Settlements are often confidential, whereas trials are public record.

4. Control over the outcome: In a settlement, both parties have a say in the result, whereas in a trial, the decision is left to a judge or jury.

Factors Influencing Settlement Amounts:

Various factors can impact the amount of a settlement, including:

1. Strength of the case: A stronger case with clear evidence of wrongdoing may lead to a higher settlement amount.

2. Extent of damages: The severity of the injuries or losses suffered by the plaintiff can significantly influence the settlement amount.

3. Insurance coverage: The amount of insurance coverage available can limit or expand the potential settlement amount.

4. Reputation concerns: Companies may be willing to settle for a higher amount to avoid negative publicity.

5. Legal precedents: Similar cases' outcomes can provide a benchmark for settlement negotiations.

4. Jury selection: If the trial is a jury trial, the attorneys and the judge will work together to select a fair and impartial jury. This process, known as voir dire, involves questioning potential jurors to determine their suitability for the case. Attorneys from both sides may challenge and remove jurors they believe could be biased or unsympathetic to their client's position.

5. Opening statements: At the beginning of the trial, attorneys from both sides present their opening statements to the court. These statements provide an overview of the case and outline the evidence and arguments each side plans to present.

6. Presenting evidence and witness testimonies: During the trial, attorneys from both sides present evidence and call witnesses to testify. The plaintiff's attorney will present their case first, followed by the defendant's attorney. Each side has the opportunity to cross-examine the other side's witnesses to challenge their testimonies.

7. Closing arguments: After all the evidence has been presented, the attorneys deliver their closing arguments. This is their final opportunity to persuade the jury or the judge to rule in their favor. They will summarize the key evidence and arguments presented during the trial and emphasize the strengths of their case.

During closing arguments, the plaintiff's attorney will revisit the most compelling evidence and testimony that supports their client's claim. They may highlight the severity of the plaintiff's injuries, the defendant's negligence or wrongdoing, and the impact the incident has had on the plaintiff's life. The attorney will also address any counterarguments raised by the defense and attempt to discredit or minimize their significance.

For example, in a car accident case, the plaintiff's attorney may emphasize the defendant's reckless driving, the extent of the plaintiff's injuries, and the ongoing medical treatment and financial hardship the plaintiff has endured as a result of the accident. They may also argue that the defendant's claims of the plaintiff's comparative negligence are unsupported by the evidence presented during the trial.

On the other hand, the defendant's attorney will use their closing argument to highlight any inconsistencies or weaknesses in the plaintiff's case. They may argue that the plaintiff has failed to meet their burden of proof or that the defendant's actions were not the proximate cause of the plaintiff's injuries. The defense attorney may also emphasize any evidence that suggests the plaintiff's own negligence contributed to the incident or that the plaintiff's injuries are less severe than claimed.

In a slip and fall case, for instance, the defendant's attorney may argue that the property owner took reasonable steps to maintain a safe environment and that the plaintiff's own carelessness, such as not paying attention to their surroundings, led to the accident. They may also question the severity of the plaintiff's injuries, pointing to inconsistencies in medical records or a lack of ongoing treatment.

Effective closing arguments are well-organized, emotionally compelling, and clearly tie the evidence presented to the legal elements required to prove the case. Attorneys may use visual aids, such as slides or charts, to help illustrate key points and make their arguments more memorable for the jury. They may also employ rhetorical devices, such as repetition, analogies, and storytelling, to make their arguments more persuasive and engaging.

Ultimately, the closing arguments are the attorneys' last chance to leave a lasting impression on the jury or judge and convince them to rule in their client's favor. A powerful and persuasive closing argument can make the difference between a favorable verdict and a disappointing outcome.

8. Jury deliberation and verdict: In a jury trial, the jury will deliberate in private to discuss the evidence and reach a verdict. They will decide whether the defendant is liable and, if so, determine the amount of damages to be awarded to the plaintiff. In a bench trial, the judge will consider the evidence and make a ruling.

9. Post-trial motions and appeals: After the verdict, the losing party may file post-trial motions, such as a motion for a new trial or a motion to overturn the verdict. If these motions are unsuccessful, the losing party may decide to appeal the decision to a higher court.

Throughout the trial preparation process, your attorney will keep you informed and provide guidance on what to expect. They will work tirelessly to build a strong case and represent your interests in court. It is crucial to have an experienced and skilled attorney by your side to navigate the complexities of the legal system and advocate for your rights.

We are located in Midtown Manhattan in New York, NY and serve New York City and the surrounding counties. You can call us at 212-233-1233 or send us an email at [email protected].