Americans are injured each year as a result of automobile accidents. Automobile Accidents are also the leading cause of brain injuries, spinal cord injuries, a wide range of orthopedic injuries and neurologic injuries. Because of the devastating impact these injuries can have on a person’s life, car accidents are frequently the subject of personal injury claims and lawsuits.
Motor vehicle accidents involve complex insurance issues which can involve multiple insurance companies. Insurance companies hire experienced attorneys to protect their interests, therefore an injured victim needs aggressive representation by an experienced attorney to look out for their rights as well.
Both a personal injury lawsuit and the insurance claims which arise from motor vehicle accidents can be overwhelming and confusing. Victims of automobile accidents frequently face lost wages, large medical bills and other out of pocket expenses. They also involve frequently inaccurate police reports, witnesses, and the bureaucracy of obtaining information from governmental authorities concerning the individuals who caused their accidents. It is important to hire a qualified attorney to perform a thorough investigation, obtain all insurance benefits and to ensure that you are adequately compensated.
In New York, strict limitations apply as a result of the “no-fault law” on what types of injuries an automobile accident victim may file suit for. Under New York State Law, one cannot recover monies for bodily injuries resulting from a car accident unless they sustained a “serious injury” and must file a claim with their insurance provider within 30 days. Section 5102(d) of the New York State Insurance Law defines a serious injury as follows: 5102(d) “Serious injury” means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
It is important that a car accident attorney be experienced in this area of practice so as to file your claim in conformance with the law in order to protect your rights to the fullest. An injured car accident victim who has suffered personal injuries may recover for past, present and future economic and non-economic damages. Typical types of damages may include pain and suffering, disability, disfigurement, wrongful death, emotional distress, lost wages, lost earning capacity, loss of enjoyment of life, medical expenses, interference with marital or parental relationships, as well as other types of damages.
If you or a loved one has suffered an injury which was caused by a car accident, contact the law offices of Garber Legal to learn more about your legal rights and options. We will be more than happy to evaluate your case during a free and confidential consultation to determine the best way to pursue your claims while protecting and maximizing your legal interests. Contact us immediately for more information.