Don't do THIS if you get in car accident in New York.

The first and most important advise that I give my clients is: IF YOU ARE INVOLVED IN AN ACCIDENT, YOU SHOULD NOT TALK TO THE INSURANCE COMPANY WITHOUT CONSULTING YOUR LAWYER FIRST . The top things you need to know if you get in car accident:

How Long Do I Have to File a Car Accident Claim in NY or NJ?

Each jurisdiction has its own strict time limit for filing personal injury and wrongful death claims, known as the statute of limitations.  In New York, the statute of limitations on auto accident injury claims is THREE YEARS beginning from the date the accident occurred.  In New Jersey it’s TWO YEARS from the date of the accident occurred. For wrongful death cases, the statute is limited to two years from the date of the decedent’s passing.  While two to three years may sound like plenty of time if your accident took place recently, it is always wise to consult with an attorney immediately.

New York’s Auto Insurance Laws and the Serious Injury Threshold

New York follows the no-fault auto insurance system.  Under this no-fault system, drivers injured in car accidents normally must seek compensation through their own insurance provider.  However, in special cases where the injuries were  serious, the victim (Plaintiff)  may be permitted to side-step the usual no-fault rules and directly sue the driver at fault for damages.

Pursuant to Section 5102(d) of the New York Insurance Law, you may meet the serious injury threshold if you experienced any of the following because of your accident:

• Any bone fracture, regardless of the bone or bones affected.

• The loss of a fetus.

• Dismemberment, i.e. accidental limb amputation.

• The permanent and complete loss of your ability to use a limb, organ, body system, or bodily function.

• Permanently limited use of a limb or body organ.

• Significant disfigurement, such as facial disfigurement caused by a burn.

• Significant limitations to your use of a body system or bodily function.

• A medically determined, temporary injury which will prevent you from performing your usual daily tasks and activities for at least 90 days of the 180 days immediately following your accident.

As you can see, some of these injury types are somewhat more amorphous than others.  Therefore, it is extremely important that you have the support of an experienced attorney who can work with medical experts and advocate on your behalf.

What Compensation is Available for Claimants?

The specific damages awarded to successful plaintiffs vary from one case to the next, due to factors such as differences in plaintiffs’ ages, employment, and the severity of their injuries — all of which will be taken into consideration by the courts.  However, generally speaking, plaintiffs may be able to recover damages related to losses and expenses such as:

• Medical expenses related to the accident, including but not limited to any necessary surgical procedures, medical devices (e.g. braces, wheelchairs), prescription medications, and physical therapy.

• In wrongful death cases, expenses related to burial, cremation, and medical care prior to the decedent’s passing.

These sorts of damages, which are meant strictly to compensate the plaintiff’s losses, are known as pecuniary or compensatory damages.  In cases where the defendant was extremely reckless or careless, the courts may also order punitive damages.  Punitive damages are meant both to punish the defendant, and to deter others from engaging in similar conduct in the future.

Additionally we provide legal services for the following types of car accidents:

• Rollover Accidents

• Accidents That Occur at Intersections

• MTA Bus Accidents

• Passenger Van Injuries

• Distracted Driver Accidents

• Accidents Caused by Underinsured Drivers

If you were hurt in a vehicular accident, or if a loved one was killed by another driver, you may be able to collect compensation to help with the hardships you are going through.  To set up a free and confidential case evaluation, call the Law Offices of David Shakarchi in New York and New Jersey  (888) 414-6685 for FREE CONSULTATION. We offer home and hospital visits free of charge.