What Compensation is Available for Car Accident Victims in NY?

 

If you’ve been injured in a car accident in New York, there are many options available for financial compensation. The tricky part is figuring out which options apply to your situation and making sure that you file for compensation within the legal time limits. That’s why it’s a good idea to speak to a Queens and Brooklyn car accident attorney as soon as possible after a car accident.

First Party Benefits

New York is what’s commonly called a “no-fault state” for car accident compensation. This means that there is a fund available that pays first-party benefits such as medical costs, lost earnings, transportation, and related expenses up to $50,000 regardless of fault. In other words, even if you caused an accident by accidentally driving your car into a tree, you are entitled to these benefits. You must file within 30 days of an accident and attend independent medical exams set up by the insurance company.

Third Party Benefits

It’s wonderful that New York makes $50,000 available to people injured in car accidents without co-pays or deductibles. Unfortunately, there is a catch. In New York you can only make a claim against the third party that caused the accident is you have suffered what the law defines as a “serious permanent injury.” Some injuries are clearly defined in the law, such as fractures and disfiguring scars, but others fall into a gray area. For example, a bicyclist who sustained a torn ligament in their knee can no longer ride a bicycle as much as before. Consulting with a Queens bike attorney can clarify whether making a claim is worthwhile. If you are in the course of your employment during an accident such as driving a taxi, you receive workers compensation rather than no-fault benefits.

Objective and Subjective Damages

If your injuries meet the threshold as “serious,” you are entitled to claim monetary compensation for your objective and subjective losses from the responsible party. Objective damages are quantifiable, such as medical bills, past and future lost earnings, rehabilitation costs, transportation, home health care, and similar billable costs that are more than the $50,000 covered under first-party benefits. Subjective damages are for pain, suffering and emotional distress suffered by an injured victim.

Legal Help Matters

Dealing with insurance companies on your own can be frustrating. They often try to minimize your claim or deny it altogether. That’s why having an experienced Queens and Brooklyn car accident attorney or bike accident attorney by your side is essential. They can handle the paperwork, negotiations, and legal steps, so you can focus on healing.

Read More:- https://www.wittenstein.com/what-compensation-is-available-for-car-accident-victims-in-ny/

 

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