What damages can I claim after a motor vehicle accident in The Bronx?

What Types of Damages Can I Claim After a Car Accident?

In the aftermath of a car accident in The Bronx, you may be entitled to claim several types of damages. These damages are typically classified into two categories: economic and non-economic damages.

Economic damages are the tangible, out-of-pocket expenses you incur as a result of the accident. These include medical bills, rehabilitation costs, lost wages, and property damage. For example, if you had to undergo surgery for a broken leg and missed weeks of work, you could claim these costs as economic damages.

Non-economic damages, on the other hand, are intangible losses that are harder to quantify. They include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. For instance, if the accident left you with chronic pain that prevents you from participating in activities you once enjoyed, you could claim this as a non-economic damage.

Can I Claim Damages if I Was Partially at Fault?

New York follows a “pure comparative negligence” rule. This means that even if you were partially at fault for the accident, you can still claim damages. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 30% at fault, your total damages would be reduced by 30%.

It’s important to note that determining fault can be a complex process involving the analysis of accident reports, witness statements, and possibly expert testimony. An experienced attorney can help you navigate this process and fight for the compensation you deserve.

What if My Insurance Company Denies My Claim?

Insurance companies are notorious for denying claims or offering less than what the claim is worth. If your insurance company denies your claim or offers a lowball settlement, you have the right to dispute their decision.

You can start by writing a letter to the insurance company detailing why you believe their decision is wrong. Include any supporting evidence, such as medical records or a police report. If the insurance company still refuses to budge, you may need to file a lawsuit to seek the compensation you deserve.

What if the Other Driver Doesn’t Have Insurance?

Unfortunately, not all drivers on the road carry the required auto insurance. If you’re involved in an accident with an uninsured driver, you may wonder how you’ll recover damages for your injuries and property damage.

In New York, all auto insurance policies include uninsured motorist coverage. This means that your own insurance company should step in to cover your damages up to your policy limits. However, dealing with your own insurance company in these situations can be just as challenging as dealing with the other driver’s insurer. They may try to minimize your claim or deny it outright.

Can I Claim Damages for Psychological Trauma?

Yes, you can claim damages for psychological trauma after a car accident. This falls under non-economic damages and can include conditions like post-traumatic stress disorder (PTSD), anxiety, and depression. However, these damages can be difficult to prove and quantify.

For instance, if you’ve been having nightmares and panic attacks since the accident, you might be diagnosed with PTSD. An attorney can help you gather evidence, such as medical records and testimony from mental health professionals, to support your claim for these damages.

What if the Accident Happened While I Was Working?

If you were involved in a car accident while performing work-related duties, you might be eligible for workers’ compensation benefits in addition to any personal injury claim you might have. Workers’ compensation can cover your medical bills and a portion of your lost wages, regardless of who was at fault for the accident.

How Can an Attorney Help Me After a Car Accident?

An experienced attorney can be invaluable after a car accident. They can help you understand your rights, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

For example, let’s say you were involved in a car accident while performing work-related duties. An attorney could tell you if you might be eligible for workers’ compensation benefits in addition to any personal injury claim you might have.

If you have been involved in a car accident or lost a loved one in such an accident, call The Grigoropoulos Law Group PLLC today at (718) 536-9922 for a free consultation!