If you were in a vehicle collision, you might be suffering from painful injuries, facing expensive medical bills, and missing time from work. If a careless driver caused the accident, you have the legal right to hold them financially responsible for the life-changing harm you sustained.
A Yonkers car accident lawyer could help you through the challenging civil claims process. It is highly difficult to successfully secure damages without legal counsel, so reach out to a determined personal injury attorney from StolzenbergCortelli, LLP.
After a car accident that leaves a driver with personal injury and property damages, it is a good idea to understand how the compensation recovery process works. New York follows a no-fault insurance rule for vehicle collisions, and it differs from the process in most other states.
After a car crash, each driver will file a claim with their insurance policy and personal injury protection. The policy will cover reasonable financial losses and medical bills. Unfortunately, this protection does not cover non-economic losses a person may suffer in an accident, such as pain and suffering.
To file an additional claim against the insurance company or in civil court, the details of the accident must meet specific criteria. The requirements to file a civil lawsuit against the negligent driver to collect non-economic damages include:
At StolzenbergCortelli, LLP, a Yonkers car crash attorney could review the details of the accident to help determine if there is a claim for financial recovery. If they find that the injured party qualifies, they could help the plaintiff through the complex civil claims process. It is also important to note that they cannot file a claim with their policy if the plaintiff allows for recovery under these rules.
Another essential thing to remember is that no-fault injury protection does not cover property damages from a car accident. The plaintiff can file a claim against the negligent driver to recover compensation for property damages at any point after the collision. There is no deadline for filing to recover damages for property damages.
The pure comparative fault rule allows each driver to file for damage recovery regardless of their portion of liability in the accident. After a vehicle collision, the negligent driver and their insurance company commonly argue that the plaintiff’s actions account for a part of the liability and damages. Fortunately, sharing a portion of liability does not bar the claimant from collecting compensation in this state.
According to the guidance of the New York Civil Practice Law and Rule § 1411, the injured party can collect payment from the negligent driver regardless of their portion of responsibility for the accident. Even if a plaintiff is 60 percent liable for the damages, they can still recover 40 percent of the award amount from the defendant. A StolzenbergCortelli, LLP car crash lawyer in Yonkers could answer the pure comparative fault rule questions and help calculate potential damage recovery.
If you suffered injuries and property damages because of a negligent driver, you should not have to pay for their careless actions. A skilled legal professional could help recover money for property damages, medical expenses, missing time from work, and various non-economic damages.
One of our hard-working Yonkers car accident lawyers at StolzenbergCortelli, LLP could complete a thorough investigation and build a solid claim for damages. If you need help after a car crash, call our office to schedule a consultation.