If you have suffered moderate to severe injuries in a car accident, your life might drastically change, either during the near future or permanently. You might have to take time off work during recovery. In fact, a serious injury might prevent you from ever returning to work. State law allows recovering victims to seek compensation for damages.
Every state has its own guidelines regarding personal injury claims. To ensure that they receive the maximum compensation for damages allowed by New York law, most accident victims seek experienced legal guidance before filing a claim. It’s best to do so, so that you can learn what type of financial recovery is available, and so that you can take a back seat in court while a personal advocate acts on your behalf to seek justice against the person or people who caused your injuries.
The following list includes numerous issues that constitute compensable damage in a New York car accident claim:
There are at least 12 states, including New York, that operate under no-fault rules when a car accident occurs. This means that your own insurance company will reimburse you for Lost Wages, medical mileage and housekeeping expenses, even if you were not at-fault in the collision. When you file a personal injury claim in this state, it is for losses that exceed no-fault benefits.
You’ll want to make sure you understand exactly which losses exceed such benefits to ensure that you receive the maximum amount of compensation allowed by law when you file a personal injury claim against an at-fault driver. The best way to do that is to call our office.
]]>The recent New York crash took place in Newburgh at about 9:40 a.m. near Union Avenue and Route 300. According to police, a 49-year-old man was driving a box truck north along Route 300 before suddenly breaching the state highway’s southbound lane. The truck then reportedly hit a pickup truck operated by a 37-year-old man.
The box truck kept going north in the south lane of Route 300 and hit a sport utility vehicle operated by a 68-year-old woman. First responders treated the woman at the crash scene and then took her to the hospital, where she passed away. The box truck driver was also taken to a medical center with minor injuries. Authorities continue to investigate the cause of the crash.
The surviving family members of the woman who died in the car accident may decide to file a wrongful death claim against the box truck driver, seeking the reimbursement of monetary damages sustained due to the accident. Liability has to be established, based upon a showing of negligence, before a New York judge will decide any specific claims for damages. If the plaintiffs are successful in court, they may be awarded damages to cover the deceased woman’s funeral costs and the loss of support for her surviving dependents.
]]>A third of U.S. health care providers are sued for malpractice when practicing medicine. Health care providers, like doctors, make avoidable mistakes in 3% to 15% of medical interventions. Patients are most likely to sue surgeons versus other types of care providers.
Misdiagnosis is a common medical malpractice claim. Commonly misdiagnosed conditions range from vascular events to cancer and infections. Prescription-related mistakes are also prevalent, especially those involving morphine and insulin. Nearly 97% of malpractice claims never go to court, as they are settled between the patient and care provider outside of court.
An individual who believes that his or her injuries resulted from a doctor’s mistake in New York may benefit from filing a medical malpractice claim. A medical malpractice attorney can help a client file the claim and gather evidence to support it, including medical records demonstrating the severity of the individual’s injuries. The attorney can then help the individual pursue settlement outside of court or, if necessary, litigation to maximize the amount of compensation the client receives in light of his or her injuries.
]]>If you notice an aggressive driver nearby, it’s best to try to be proactive to avoid a collision. Consider taking the nearest exit off the road or dropping back in the line of traffic if you can safely do so. If there’s too much traffic, and it’s moving too swiftly, all you can do is stay alert and try to navigate the situation as best you can.
Road rage typically involves drivers who scream or curse or make obscene gestures, or even try to force another vehicle off the road. The following list shows additional types of aggressive maneuvers that place you at risk for car accidents:
These are all aggressive driving maneuvers that place all motorists and pedestrians nearby at great risk for car accidents. While it is frustrating and scary to have someone tailgating you on a fast-paced New York highway, it is never a good idea to “brake check” them because that merely increases the risk of collision.
Sadly, car accidents caused by aggressive drivers often result in severe, even catastrophic injuries. As a recovering victim, you may need ongoing medical care. Your injuries might require an extended leave of absence from the workplace during recovery. You might even experience a partial or full disability due to the force of impact when an aggressive driver hits you.
Physical injuries are not the only issue that can make recovery from a motor vehicle collision a long and arduous process. Many people suffer severe emotional trauma, including symptoms of Post Traumatic Stress Disorder (PTSD), that can be debilitating and greatly affect their quality of life. New York law provides recourse for recovering accident victims by allowing them to seek financial recovery for their losses in civil court.
]]>A rear-end accident may not seem like a significant event, but it can lead to injuries that can affect your life in multiple ways. If you are the victim of a rear-end accident, you will benefit from seeking care and support during your recovery. It is important not to overlook your injuries or dismiss the potential severity of your accident.
In a rear-end collision, the body experiences an impact that can cause stress to different parts of the body. When the impact comes from behind, it can force a person to move forward rapidly, potentially causing stress to the neck, spine, joints and other parts of the body. You could also experience damage to the face and head if the impact causes you to hit the dashboard. Some of the most common rear-end accident injuries include:
These are just a few examples of the ways that a rear-end accident could change your life. If you are struggling with the aftermath of this type of crash, you may benefit from seeking help regarding your legal options. It may be possible for you to seek compensation through the New York civil justice system if your accident was the result of the reckless or negligent actions of another person or party. An assessment of the rear-end crash could help you understand how to proceed with the next steps.
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