After a car accident, you can pursue a claim for your injuries and damages as long as someone’s negligence caused the crash. Your claim can include the cost of your medical bills and lost wages to date, future medical care, lost wages, out-of-pocket expenses, and emotional damages.
If you suffered injuries in a car accident, we could help you with your claim. Call Gacovino, Lake & Associates, P.C. at 631-600-0000 to talk to an attorney today.
How Much Can You File a Claim for in a Car Accident?
You can legally pursue a claim for the full amount of your compensatory damages, which may include the amount of any doctor, hospital, and other medical care costs you have incurred to date. If your accident prevented you from working, you could include the full amount of your lost wages and benefits.
If you require medical treatment or care in the future, you may also include the anticipated costs in your claim. Likewise, if your injuries keep you from working in the future, you can claim the anticipated amount of your future lost wages as well as any loss of earning potential your injuries caused.
You can include the value of repairing or replacing your car, along with any other out-of-pocket expenses you incurred.
You also have the legal right to add emotional and psychological damages to your claim. This may include pain and suffering, the cost of incurred or anticipated therapy or treatment, and the loss of life’s enjoyment.
If you experienced any long-term or permanent physical damages or disability, you have the right to request compensation for that as well.
How Do You File a Car Accident Claim?
To file a car accident injury claim, you or your lawyer must assemble all relevant evidence to support your claim and submit it to the at-fault party’s car insurance carrier.
Once the insurance company opens a claim for you, they will assign an adjuster or lawyer to investigate the veracity of your claim. Because the job of an adjuster or lawyer is to minimize the insurance company’s potential liability, they will likely attempt to negotiate your claim down or find reasons to dispute liability.
A car insurance lawyer can handle these negotiations on your behalf, advise and explain your options, and protect your rights.
Will You Have to Go to Court for a Car Accident Settlement?
In most New York car accident cases, the insurance company will eventually make a reasonable settlement offer. In some cases, however, your lawyer may recommend filing a lawsuit and taking your case to court.
Although going to court offers a less certain outcome and will take longer than settling, sometimes this is the best way for you to obtain fair compensation.
If you have to go to court, your car accident lawyer can present the evidence that supports your claim, and demonstrate the at-fault party’s negligence.
Who Has Liability for a Car Accident?
New York uses a standard for determining liability known as comparative negligence. This legal standard holds that the person or persons whose negligence caused damages have liability for those damages in proportion to the degree of their negligence.
For example, if someone ran a traffic light and struck your car, they are liable for your damages. However, if you did not have your seat belt on and consequently suffered more severe injuries than you otherwise might have, the court can assign some fault to you. If the court assigns 10 percent fault to you, you can only collect 90 percent of the damages it awards.
How Can You Talk to a Car Accident Lawyer to Learn More?
Contact Gacovino, Lake & Associates, P.C. today at 631-600-0000 to schedule your complimentary consultation.