When car accidents happen in Queens, victims can’t automatically file lawsuits against negligent drivers. Instead, they generally have to prove serious injury to get around New York’s no-fault system for car crashes. You can do this through your medical records, which is why going to the hospital right after a crash is crucial.
If you pass the serious injury threshold, you can sue for economic and non-economic losses. Recoverable monetary damages include victims’ medical bills and lost wages. When it comes to recovering non-economic damages after a car crash, victims may have to testify about their pain and suffering in court. Expert testimony can help on this front as well.
The exact damages you recover will depend on your specific claim and the specific losses you incurred. Calculating your recovery before filing is important. Otherwise, you might accept a lowball settlement instead of getting what you truly deserve.
How Bad Does a Queens Car Accident Have to Be for You to Claim Damages?
Car accidents have to be pretty bad for victims to file lawsuits. That’s because New York follows a no-fault system for auto accidents. So, if a minor crash happens, you probably can’t sue the other driver. Instead, you could get damages through your personal injury protection (PIP) insurance, which you must have as a driver in Queens.
Your PIP can cover medical costs and other economic losses up to its policy limit. If you have greater damages and need to file a lawsuit to get them, you’ll have to pass the serious injury threshold first.
This is laid out in I.S.C. Law § 5104. All drivers in New York and Queens need PIP. If you didn’t purchase a policy yourself, chances are you’re covered by someone in your household. If your injuries are more serious than what PIP can cover, you might be able to file a lawsuit.
To see if this is an option for you, have your Queens car accident lawyer compare your injuries to § 5102(d). Injuries that automatically meet the threshold include those that cause death, dismemberment, significant disfigurement, and fractures, among others.
Many victims meet the serious injury threshold by having a non-permanent injury that impacts their daily life for at least 90 of the first 180 days after an accident. For example, if you sustain a serious concussion in a rear-end accident in Queens, that might be enough to push you over the serious injury threshold so you can bring a claim for greater damages.
There’s another way to sue, too. You can sue for damages that exceed the basic economic loss for an accident, which is $50,000, according to § 5102(a).
Which Damages Are on the Table After a Car Crash in Queens?
Once you’ve established that you can sue a negligent driver for an accident in Queens, it’s time to start organizing and documenting your losses. This is the best way to get proof of your damages and recover them.
Monetary Losses
The bulk of losses from car accidents are economic. Even in minor fender-benders, drivers or passengers might sustain whiplash or other soft tissue injuries that are expensive to treat. Auto injury lawsuits can cover all medical costs from an accident down to your prescription medications and physical therapy visits.
Getting seriously injured might impede your ability to return to work. Even if you can work, it might be at a lower earning capacity, meaning your income isn’t the same as before the accident. Your lawsuit can account for your lost wages due to the accident, compensating you for any missed work.
You may start incurring damages the moment the accident happens. And depending on your injuries, you might need medical care far past the end of your lawsuit. In these instances, victims’ attorneys can get experts to testify and explain the medical procedures victims may need in the future. Experts can also testify to a victim’s lowered earning capacity. This can help you get damages for future monetary losses you haven’t even incurred yet.
If you settle your case out of court, make sure future economic damages are factored into the settlement. Otherwise, you might find yourself in a difficult situation in the future if you realize you need greater compensation.
Emotional Losses
Car accidents are undoubtedly traumatic. Injuries aside, the fear victims feel during a catastrophic collision could cause serious pain and suffering. When you add on the challenges victims face when adjusting to their new lives with debilitating injuries, the emotional damages only increase.
Not only are emotional losses recoverable in Queens car accident lawsuits but they’re often incurred by victims. According to a recent study published by the Journal of Clinical Medicine, 32.3% of assessed road traffic accident victims reported post-traumatic stress disorder, 17.4% reported depression, and 5.8% reported anxiety.
Emotional losses are more than mental health disorders victims might develop. For example, if an accident paralyzes a victim, they may not be able to play or engage with their children as they once could. This in and of itself could cause considerable pain and suffering.
New York doesn’t cap non-economic damages for auto accident victims. So, if you go to court, the jury could award you whatever amount it sees fit based on the evidence you can provide to support your claim. If you settle, carefully review the agreement, as defendants often do not include compensation for non-economic damages unless convinced to.
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