Car accidents can leave victims and their families absolutely devastated. When injuries leave you disabled or suffering, our lawyers can help you fight for the damages you deserve.
New York’s no-fault insurance laws can often limit victims’ recovery, but our lawyers can seek to get your case into court, where you can get full damages. This might require medical exams to prove the severity of your injury, along with the other evidence needed to prove your case.
For a free case evaluation, call our car accident lawyers at The Martello Law Firm at (914) 685-6950.
Proving Your Car Accident Case in Mount Kisco
New York car accident cases require proof of fault even though we use a “no-fault” system. If you want to get full damages for your case – including pain and suffering – then you cannot rely on your insurance alone. That means going to court or filing a third-party insurance claim against the driver who hit you, where fault is vital.
Fault starts with a violation. Traffic violations are the typical basis for car accident claims, but cases can proceed without a specific law being broken. Instead, we show that the defendant violated their legal duty to drive reasonably.
If you also committed a violation, courts will often weigh that as just one factor. If the other driver’s violation was worse, they might be fully at fault. In some cases, courts say the victim is partially at fault and lower their total damages accordingly.
These are some of the most common violations:
- Drunk driving
- Distracted driving
- Speeding
- Running red lights/stop signs
- Failing to yield
- Tailgating
Once we have proof that they were at fault, we can bring that to the insurance company and try to negotiate a settlement. If they refuse to settle, we can take it before the judge and jury to find them at fault based on their violation.
Damages for Car Accident Victims in Mount Kisco
Full damages usually cannot be issued through an insurance claim alone. Your no-fault insurance only covers partial lost wages and expenses, all medical bills, and no pain and suffering. It also has a cap, typically at $50,000, unless you have additional coverage. The rest of the damages come through your lawsuit.
Medical bills are one of the biggest parts of your case, but they are not the only “economic” damages you face. Lost household services, childcare during hospital stays, and vehicle repairs can also come from a lawsuit.
Your insurance will not cover lost wages in full, which can leave your family at risk. Disabilities might lead to years of lost wages or total inability to work. Getting these lost earnings covered is a priority to help your family move forward.
Lastly, pain and suffering is not covered at all through your insurance. You can seek these damages in a lawsuit if your case involves “serious injuries.” These damages then cover things like emotional distress, physical pain, suffering, fear, lost enjoyment, and more.
“Serious Injury” Rules in Car Accidents
Under I.S.C. Law § 5104(a), car accident victims cannot sue for damages beyond what their no-fault insurance covers unless they have “serious injuries.” This “serious injury threshold” is defined in § 5102(d).
Many injuries qualify as “serious,” so do not assume you will be blocked from suing. Both “significant disfigurement” and “a fracture” are covered, which can apply to many accidents.
Additionally, any injury that will half your daily activities for 90 or more of the 180 days after the crash also qualifies. You usually need doctor’s exams to show you meet this threshold. Once you do, you can file a lawsuit for pain and suffering and other damages, no matter what your specific “serious” injury is.
Otherwise, “serious injuries” focus on permanent injuries, amputations, injuries affecting bodily functions, death, and loss of a fetus. These last two mean a family member can always sue for those losses with no question of severity.
Types of Car Accident Cases We Handle in Mount Kisco
Victims face different injuries from different types of crashes, and our car accident lawyers can represent you in any of these types of crashes, plus more:
Rear-End Collisions
Rear-end accidents are usually caused by tailgating. This is an incredibly common cause of whiplash, which can often be a surprisingly debilitating, surprisingly long-lasting injury. Lower back injuries are also quite common.
Head-On Collisions
If you are hit head-on by another driver, you face a serious risk of ejectment and severe injuries. However, this is also the zone of the car with the best crumple zones and best protection for drivers, potentially saving your life.
Side-Impact Crashes
Side-impact collisions typically happen when someone is in the intersection illegally. Whether you crashed into a car that entered illegally or you were hit by someone who ran a red light, the accident is typically considered their fault. These crashes can result in head injuries, broken bones, cuts and scrapes, and potentially entrapment injuries if the vehicle is crushed inward.
DUI Accidents
Holding a driver responsible for a crash is often simpler if they are also charged with drunk or drugged driving. In our case, we can use the police’s evidence or point to a criminal conviction as proof that they were drunk. However, these accidents also tend to cause more serious injuries because the driver’s slowed reaction times prevent them from braking or swerving.
Distracted Driving Accidents
Drivers also cannot brake or swerve to avoid a crash or slow down if they are not paying attention. Miles of roadway can go by in mere seconds of looking away from the road, depending on one’s speed. These crashes often cause life-threatening injuries and death.
Call Our Car Accident Injury Attorneys in Mount Kisco, NY
If you were injured in a crash, call The Martello Law Firm’s car accident attorneys right away at (914) 685-6950.
