Recoverable Damages in a Car Accident

Watch this video to learn about recoverable damages in a car accident and what you may be entitled to if you’ve been injured in an auto accident.

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One of the first questions that is usually posed that comes to me from clients who are recently involved in a car accident is, “What type of compensation is available to me in the state of New York as a result of being in this car accident and how can I recover such compensation?” I kind of like to look at it as almost like a tree with different branches coming out of it. The first and most basic one that we know of and that people think of is compensation for the pain and the suffering that they have to endure as a result of someone else’s negligence.

There is no set amount. There is nothing that equates to a certain amount based on the type of injury. It’s a very broad and open topic, as it should be, because it depends on the type of injury you have, whether or not you have surgery, whether or not you have a broken bone, or whether or not you have herniations or other things that can even be worse in certain situations. It depends on how your life is affected, how your life has changed and the things that you have to endure, in terms of the pain and suffering. This is something that we are experts in and that we know based on prior cases and prior awards, in terms of the compensation. That’s the main aspect in terms of compensating you for the pain and the suffering.

The other thing that you’re entitled to is recuperation of your lost wages. In the state of New York, they have a doctrine known as the no-fault doctrine. Through no-fault law, despite fault it doesn’t matter who’s fault it is. In the state of New York, when you’re involved in a car accident, to a certain extent, your lost wages can be recouped for the time that you missed work as a result of the injuries in the accident. This is separate from the pain and suffering. This is an additional factor that you can recover money for.

The other thing to keep in mind are the medical bills. Again, when you’re in a car accident in New York, another branch of the tree, so to speak, is recuperation of your medical bills, which is also through the no-fault. As long as you’re getting treatment that is considered reasonable and necessary and related to the accident, your medical bills will be compensated through the insurance company. This is something that’s very specific because there are a lot of rules about whose no-fault would cover it. It might be depending if it’s a two-car accident or a pedestrian struck by a car. These are things that we would guide you through and we do almost as a courtesy in making sure that all your bills get paid, your wages get reimbursed, and of course, perhaps the most important above all, you get compensated for the pain and the suffering you had to endure.

This is not just past pain and suffering – which starts at the date of the accident– but of course also the future pain and suffering that you’re going to have to. Of course, insurance companies are working to protect their assets. Their goal is to pay as little as possible. This is something where you need to have intelligent, experienced and a counsel who’s going to fight for your rights when it comes to these things.

Were you or a loved one involved in a motor vehicle crash and have questions about recoverable damages in a car accident? Contact a New York car accident attorney at Krause & Glassmith today for a free confidential consultation. Let our experience work for you.

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