There are a lot of things to consider after a New York Car Accident, especially one that causes serious personal injuries. Someone injured in a motor vehicle accident in New York may be entitled to compensation for pain and suffering, including pain, physical anguish, loss of enjoyment of life. An experienced attorney can provide important guidance to those considering such a claim.
Pain and Suffering
Unlike lost wages and medical expenses, which can be directly quantified with a calculator, pain and suffering can be a bit more complicated. Compensation for pain and suffering is meant to make the injured person “whole” again, or to restore the injured person to the position they would be in had the motor vehicle accident not happened. For example, if the injured person had previously enjoyed walking the dog or hiking, and can no longer engage in these activities because of accident-related injuries, the injured person may be able to make a claim for pain and suffering.
It is difficult to assign value to damages relating to pain and suffering. An insurance company may try to “value” the case by applying an arbitrary formula, but a settlement offer may not fully compensate the injured person for losses caused by the accident. An experienced attorney can assess the situation to identify whether a settlement offer is fair,or simply an attempt to shield an insured from liability without regard to the harm they caused another person.
Who Is The Liable Party In An Accident?
After a motor vehicle accident on New York roads, the person or persons at fault are generally liable for paying damages. This will generally require a showing of negligence, or that the person who caused the harm did not exercise reasonable care under the circumstances. There are, however, exceptions. For example, New York is known as a “no-fault” state, which means that in many cases a motorist who sustains an injury in a motor vehicle accident will need to demonstrate a “serious injury,” which is defined to include:
- death;
- significant disfigurement;
- dismemberment;
- a fracture;
- loss of a fetus;
- permanent loss of use of a body organ, member, function, or system;
- permanent consequential limitation of use of a body organ or member;
- significant limitation of use of a body function or system; or
- a non-permanent injury preventing you from performing your daily activities for not less than 90 days within the 180 days immediately following your accident.
Some of these categories are self-explanatory, but others are not . Every case is unique, as people have different medical histories and daily activities. The courts have developed some rules to help differentiate when someone has a “serious injury” and when someone does not, and an experienced attorney may be able to explain the legal requirements in greater detail.
Contact an Experienced Car Accident Attorney at William Mattar
Motor vehicle accidents cases can be complex. The attorneys at William Mattar, P.C. have experience helping those injured due to a car accidents on New York roads. If you are seeking an attorney to help after a car accident, please do not hesitate to give us a call at (844) 444 - 4444 or contact us online 24/7.