You can claim compensation for bodily injury (BI) after an accident by filing a claim against the other driver’s insurance company.
At William Mattar Law Office, our car accident lawyers can help you understand the processes that can make this legal option successful. Our experienced attorneys can help you receive maximum compensation.
Table of contents
- What Is A Bodily Injury Claim?
- How Much Can I Receive in A BI Claim?
- Why Do I Need a Lawyer To Help With My Injury Claim?
- Types of Accidents Covered in a Bodily Injury Claim
- What Should I Do After an Accident?
- What Is the Difference Between Bodily Injury Liability and Personal Injury Protection Insurance?
- Bodily Injury Claim FAQs
- Get Help With a Bodily Injury Claim From a Personal Injury Lawyer at William Mattar, P.C.
What Is A Bodily Injury Claim?
A bodily injury claim can pay for the accident-related harm including pain and suffering and loss of enjoyment of life.
Often, people who file this claim have experienced:
- Broken bones
- Head injuries
- Back and neck injuries
- Soft tissue damage
- Loss of limb or function
- Full, temporary, partial, or permanent paralysis
If you wonder whether your injuries are severe enough to warrant a BI insurance claim, consulting with an experienced personal injury attorney can help clarify your options. An experienced attorney can also assist you in determining the best course of action for your situation.
How Much Can I Receive in A BI Claim?
New York requires drivers to carry a minimum BI coverage of $25,000 per person and $50,000 per accident. If you are injured by someone carrying this minimum mandatory policy coverage, you could be compensated up to this amount.
Unfortunately, this low limit may not fully cover accident-related expenses and losses you've suffered.
When this happens, a lawyer can help seek additional compensation through a supplementary uninsured motorist (“SUM”) claim. This legal action may allow you to recover additional damages not fully covered by BI insurance, such as:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Future care needs
These damages can result in substantial financial compensation to help you recover from the accident and move forward with your life. However, without the help of a personal injury lawyer, you may not fully understand all available avenues for compensation.
Why Do I Need a Lawyer To Help With My Injury Claim?
During the initial claims process, a lawyer can prove invaluable in providing insight into the potential damages you could be compensated for by:
- Helping to gather strong evidence such as police reports, witness statements, and accident scene photos
- Making sure all paperwork is properly filled out and filed
- Coordinating with medical professionals to help boost the value of your claim
- Handling the negotiation and litigation process when a personal injury lawsuit is necessary
While you work on recovering, an experienced attorney can help with any and all insurance claims.
Types of Accidents Covered in a Bodily Injury Claim
Common accidents that this coverage applies to include:
- Car accidents, including collisions, hit-and-runs, and pedestrian-involved accidents
- Motorcycle accidents caused by other drivers or dangerous road conditions
- Bicycle accidents caused by motor vehicles
- Slip and fall accidents on someone else's property due to negligence or hazards
- Dog bites or attacks causing physical injuries and emotional trauma
- Truck accidents involving commercial, government, and private vehicles
- Workplace accidents resulting in injuries due to employer negligence or hazardous working conditions
To determine if you have a potential claim or lawsuit, it is best to consult with a personal injury attorney who can assess whether you qualify for compensation.
What Should I Do After an Accident?
You can take multiple steps after an accident. Many of these processes are specific to the event itself. Depending on the circumstances that caused your injuries, you may find it helpful to your case to perform the following after an accident in New York:
- If you were involved in a motor vehicle collision, you must report the accident to the DMV within 10 days. Failure to do so could have dire consequences for your case and driving privileges.
- Call the police when injuries or more than $1,000 in property damage occur. The police will create an official record of the accident.
- Take pictures of the accident scene, including any damage to your vehicle or surrounding property. Photographs are a great way to preserve evidence and document the extent of your injuries.
- If safe and practical, collect contact information from anyone involved in the accident, including witnesses and other drivers. This will be useful when filing a claim with insurance or pursuing legal action.
- Seek medical attention if you suspect you were injured. Some injuries may take days or weeks to manifest symptoms. The better documented all resulting injuries are, the better chance you have at receiving fair compensation.
- Keep records of all expenses and losses related to the accident, including medical bills, lost wages, and property damage. These can be used as evidence when seeking compensation.
- You must report the accident to your insurance company within 30 days. This critical step will preserve your right to seek compensation if the initial settlement offer falls short of your damages.
An experienced attorney can help gather evidence in a timely manner while you focus on recovery.
What Is the Difference Between Bodily Injury Liability and Personal Injury Protection Insurance?
New York has complicated insurance laws. Two types of policies that often confuse injured people are BI and personal injury protection (PIP) insurance.
Bodily injury liability insurance helps cover expenses when your own negligence causes serious injuries to another. That other person can assert a personal injury claim against you. If you were injured by someone else, you can assert a bodily injury claim against that person’s insurance company. On the other hand, personal injury protection (PIP) insurance covers a more specific set of expenses regardless of who was at fault for the accident. PIP insurance will only offer compensation for medical expenses and a portion of lost wages, not pain and suffering or emotional distress.
An experienced personal injury attorney can help you determine which insurance policies apply to your case and how to best pursue compensation for your injuries.
Bodily Injury Claim FAQs
Can I seek compensation for pain and suffering in a BI claim?
If you have a serious injury that has resulted in significant pain and suffering, you may be able to seek compensation for these damages through a personal injury lawsuit. Speak with a lawyer to better understand this process.
What is the statute of limitations for filing a bodily injury claim in New York?
You have a limited time to file a claim after you are injured in a New York crash. Every situation is unique. An attorney can examine the situation and advise as to what deadlines may apply to you. For example, notice of claim requirements can be as short as 30 or 90 days with varying statutes of limitations. While this may seem like a long time, failure to meet specific filing deadlines can negatively impact your case and your chances for compensation.
How long does it take to receive compensation from a bodily injury claim?
The willingness of the at-fault party and their insurance company to negotiate a fair settlement will ultimately determine the timeline for receiving compensation. If a settlement cannot be reached, the process can take longer. Speak with an attorney to understand the timeline of your case resolution.
Can I file a claim against multiple parties?
It may be possible to file joint and several liability claims against multiple parties responsible for your accident injuries. This process is complex and often requires the help of an experienced attorney who can coordinate multiple aspects of these cases.
Get Help With a Bodily Injury Claim From a Personal Injury Lawyer at William Mattar, P.C.
Being injured in an auto accident caused by someone else’s negligence is frightening and frustrating. Not only do you have to deal with physical pain and emotional distress, but you also need to navigate the complex legal process for seeking compensation.
This is where an experienced personal injury lawyer from William Mattar, P.C. can help. Our team has a deep understanding of New York law regarding accidents and personal injury claims. We will work tirelessly to ensure that you receive fair compensation for your injuries, lost wages, and other damages.
Contact us today for a free consultation, and let us fight for the bodily injury compensation you deserve.