How to Pursue Compensation After a Car Crash

If you’re injured in an auto accident caused by a negligent driver, you must file a claim with your insurer, under your Personal Injury Protection coverage. This coverage will pay for a portion of your damages. However, if your damages exceed the limits of your insurance, you may be entitled to additional compensation. An auto accident lawyer at Parker Waichman LLP can help you pursue additional compensation by filing a civil lawsuit against the negligent driver.

What Does PIP Insurance Cover?

PIP insurance covers the following:

  • Medical expenses
  • Household costs
  • Lost earnings
  • Daily tasks
  • Rehabilitation
  • Funeral and burial expenses
  • Death benefits

Your PIP insurance also provides coverage for reasonable and necessary expenses, such as:

  • Household help or transportation for medical treatment. Unfortunately, this coverage does not apply to property damage.

What is New York’s Serious Injury Threshold?

You can file a lawsuit or claim against the negligent driver if you meet the state’s serious injury threshold.  To meet the threshold, you must experience an economic loss that’s greater than $50,000 and meet serious injury criteria as defined by the state of New York.

The following injuries are categorized as serious by the state:

  • Loss of life
  • Loss of a fetus
  • Fracture
  • Dismemberment
  • The significant limitation of the use of a body system or function

Your auto accident attorney at Parker Waichman LLP will carefully review your medical records and consult with medical professionals to determine if you meet the state’s serious injury threshold.

What Auto Accident Damages Are Available?

When you file a lawsuit, you may be entitled to the following types of economic and non-economic damages:

  • Past and future medical care costs, such as hospitalization, rehabilitation, surgeries, medication, assistive medical devices and equipment, doctor’s appointments, etc.
  • Past, present, and future lost wages
  • Pain and suffering
  • Funeral and burial costs
  • Loss of quality of life
  • Temporary or permanent disability
  • Emotional distress
  • Loss of consortium
  • Loss of enjoyment of life

And more.

How Can A Queens Auto Accident Attorney Help?

If you suffered a serious injury in a car accident that was not your fault and your damages exceed your insurance policy coverage limits, you may be entitled to additional compensation. An auto accident lawyer at Parker Waichman LLP will review your case to determine whether you can file a lawsuit and pursue damages in court.

During this difficult time, your car accident attorney can help by:

  • Investigating the accident
  • Gathering evidence
  • Interviewing witnesses
  • Consulting with experts to accurately calculate damages and establish liability
  • Filing paperwork
  • Handling all communication with the insurance company or defense attorney
  • Filing a lawsuit
  • Representing you in court
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If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.

What Are Common Causes Of Motor Vehicle Collisions in Queens?

The most common causes of auto accidents in Queens, New York, include:

  • Distracted driving
  • Speeding
  • Reckless driving
  • Driving under the influence of alcohol or drugs
  • Failure to yield
  • Following too closely
  • Unsafe lane changes
  • Failure to stop at red lights

Common Injuries Sustained in Motor Vehicle Collisions

At Parker Waichman LLP, our Brooklyn auto accident lawyers have handled countless car accident cases that involved the following types of mild to life-changing injuries:

TBI
Traumatic brain injuries (TBIs)
spinal-cord-damage
Spinal cord damage
bone-fracture
Broken bones/bone fractures
nerve-damage
Nerve damage
Chest injuries
Neck injuries
neck-injuries
Back injuries
back-injuries
Leg and arm injuries
leg-injuries
Leg and arm injuries
Burns
amputation
Loss of limb
Crush injuries
Crush injuries
Internal bleeding
amputation
Loss of limb
Crush injuries
Crush injuries
Internal bleeding
road-rash
Whiplash
broken-or-dislocated-collarbone
Shoulder injuries

What is the Statute Of Limitations in New York?

The statute of limitations in New York for auto accident lawsuits is three years from the date of the accident. If you’re pursuing a lawsuit for wrongful death after losing a loved one in a car crash, you will have two years from the date of the decedent’s death to take legal action. Failure to take action within this time frame can result in your case being dismissed. Because of this, you must contact an auto accident lawyer as soon as possible.

What Should I Do After An Auto Accident?

Following a motor vehicle collision, there are certain steps you must take to protect your health and legal rights:

  1. Contact 911 if anyone is injured. If no one sustained injuries, contact law enforcement.
  2. Obtain the other driver’s name, contact information, and insurance information. Do not apologize for the accident.
  3. Speak with law enforcement. Provide only the facts. Do not admit fault.
  4. If anyone witnessed the accident, obtain their name and contact information.
  5. Gather evidence. Take photos or video of the accident scene, vehicle damage, anything that may have contributed to the crash, and your injuries.
  6. Seek medical treatment as soon as possible, even if you feel fine. Certain types of accident injuries do not present signs or symptoms for several hours or days following a collision.

Contact a car accident lawyer as soon as possible. At Parker Waichman LLP, our auto accident lawyers offer free consultations to discuss your case. When you hire a member of our legal team, they can investigate your accident and determine whether you can pursue additional compensation by filing a lawsuit.

Contact Us Today

If you were injured in a car accident that was caused by the negligence of another driver, you must take legal action. At Parker Waichman LLP, our experienced and knowledgeable auto accident lawyers will go above and beyond to help you pursue compensation for an accident that was not your fault. Contact us today to schedule a free consultation to learn more.
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