Car Accident Lawyer in Manhattan, NY
A car accident can interrupt your life. If you or a loved one was injured in a car accident, your life can change in an instant because another driver failed to drive safely or follow traffic laws. If you face severe injuries, you may now be facing high medical costs, lost wages, and severe pain and suffering. Our Manhattan car accident lawyers can help you fight for the justice you deserve.
After a car accident, consider taking your case to the Manhattan auto accident attorneys at Sullivan and Galleshaw. Our lawyers represent the victims of car accidents and their families, and we fight to get financial compensation for serious injuries. If you or a loved one was injured, call Sullivan and Galleshaw today to schedule a free legal consultation on your case. Our number is (718) 843-0300.
Can You Sue for Car Crashes in Manhattan, NYC
New York is a no-fault auto insurance state. Your insurance company, the other driver’s insurance, and many other people may tell you that being in a no-fault state means you cannot sue for a car accident. In some cases, that is correct – but any time you face serious injuries, you should still be entitled to sue for your injuries.
New York only limits lawsuits in cases of minor or moderate injuries. If you face severe injuries, the law lets you sue even if you have no-fault insurance. To qualify for a lawsuit, you must meet the definition of “serious injury.” In New York, that includes the following:
- “Significant disfigurement”
- A broken bone
- Losing a fetus
- Loss of function in an organ or body part
- Permanent limitations in a bodily function
- Significant limitations in a bodily function
- A non-permanent injury that will keep you from going about your daily tasks for 90 days
Some of these injuries, especially fractures, may be common in even moderate car accidents. If you broke a bone or suffer limitations to a bodily function, let alone permanent loss of function, you may be entitled to sue instead of relying upon your insurance.
Damages for a Car Accident in Manhattan
A car accident can produce severe injuries, and the best way to get financial compensation for your injuries may be to file a lawsuit. When you file a claim through insurance, you may be limited as to what damages you may receive. First of all, your insurance policy may have deductibles that require you to pay out money even if the accident was not your fault. Your insurance policy may also cover only a portion of your damages, leaving the rest to you. When filing for insurance, you also cannot claim any “non-economic damages,” which can be a large portion of the damages you are entitled to. Our attorneys explain the damages you may be entitled to and why you may need to claim them in a lawsuit.
“Economic loss” accounts for damages you face that have a clear monetary value. These are typically costs that you must case because of the accident that you would otherwise not have paid. Things like hospital bills are the clearest example of these damages, but damages for lost earnings can also count. The wages you miss while you are recovering can be claimed as damages, as can any reduced earning capacity you face going forward. These, along with medical bills, make up the basic compensatory damages in your claim.
Non-economic damages primarily account for your pain and suffering. The harm you suffer from feeling physical pain and mental anguish because of the accident are compensable, but you cannot calculate them by looking at pay stubs or hospital bills. Instead, the court will listen to your testimony and decide what your pain and suffering is worth.
In New York, non-economic damages for pain and suffering have no limit, which means that they could be the highest type of damages in your case. Filing through insurance means giving up these damages entirely.
If you were partly at fault for the accident, New York law is also in your favor. NY court rules diminish your damages by the percentage of fault you shared in causing the accident. E.g., if you were 10% at fault for the crash, your damages will be reduced by 10%. However, unlike some states, you are entitled to sue for the fair share of damages you deserve even if you are more than 50% responsible for the crash.
Manhattan Auto Accident Lawyers Offering Free Legal Consultations
If you or a loved one was hurt in an auto accident in New York, call the Manhattan car accident lawyers at Sullivan and Galleshaw today. Our attorneys have decades of experience representing the victims of car accidents, and we work diligently to maximize the damages our clients receive after a car crash. For help with your case and to schedule a free legal consultation, contact our attorneys today at (718) 843-0300.