19 Mar Car Accident Compensation: What You Can Claim

Car Accident Compensation: What You Can Claim

If you’ve been injured in a car accident in New York, you may be entitled to significant financial compensation. Understanding what you can claim is the first step toward protecting your rights and securing the recovery you deserve. At Tannenbaum, Bellantone & Silver, P.C., our experienced personal injury attorneys on Long Island have helped countless accident victims navigate the complex claims process and recover maximum compensation.

Types of Compensation Available After a Car Accident

New York is a no-fault insurance state, which means your own insurance company pays for certain medical expenses and lost wages regardless of who caused the accident. However, when injuries are serious, you may step outside the no-fault system and file a personal injury claim against the at-fault driver. Compensation typically falls into two categories: economic damages and non-economic damages.

Economic Damages

Economic damages are measurable financial losses directly tied to the accident. These include medical expenses such as emergency room visits, surgeries, hospitalization, rehabilitation, physical therapy, prescription medications, and any future medical care related to your injuries. Lost wages are also recoverable — if your injuries prevented you from working, you can claim income you lost during your recovery. If your injuries result in a permanent disability that affects your earning capacity, you can also claim future lost earnings.

Property damage is another economic loss you can recover. This includes the cost to repair or replace your vehicle and any personal items damaged in the crash. Out-of-pocket expenses, such as transportation to medical appointments, home care assistance, and modifications to your home due to disability, are also claimable.

Non-Economic Damages

Non-economic damages compensate you for intangible losses that don’t have a direct dollar value. Pain and suffering is the most commonly sought non-economic damage — it accounts for the physical pain and discomfort you experienced as a result of your injuries. Emotional distress, including anxiety, depression, and post-traumatic stress disorder (PTSD) arising from the accident, can also be compensated. Loss of enjoyment of life refers to your diminished ability to participate in activities and hobbies you enjoyed before the accident. Finally, loss of consortium compensates your spouse for the loss of companionship and support caused by your injuries.

New York’s Serious Injury Threshold

Because New York is a no-fault state, not every accident victim can sue for pain and suffering. To file a lawsuit against the at-fault driver, your injuries must meet New York’s “serious injury” threshold under Insurance Law §5102(d). Qualifying injuries include significant disfigurement, bone fracture, permanent limitation of use of a body organ or member, significant limitation of use of a body function or system, substantially full disability for at least 90 of the 180 days following the accident, and death. An experienced car accident attorney can evaluate whether your injuries meet this threshold and advise you on the best course of action.

How Fault Affects Your Compensation

New York follows a pure comparative negligence rule, meaning your compensation can be reduced by your percentage of fault in the accident. For example, if you were found to be 20% at fault for the crash and your total damages were $100,000, you would receive $80,000. Unlike some other states, New York allows you to recover damages even if you were more than 50% at fault, though your recovery will be proportionally reduced.

Steps to Maximize Your Car Accident Compensation

The actions you take immediately after an accident can significantly impact the value of your claim. Seeking immediate medical attention is critical — not only for your health but also to document the connection between the accident and your injuries. Failing to seek prompt medical care gives insurance companies ammunition to argue your injuries weren’t serious or weren’t caused by the accident.

Gathering evidence at the scene, including photographs, witness information, and a police report, strengthens your claim. Keeping detailed records of all medical treatments, missed work days, and other expenses is essential for proving your damages. Avoid speaking with the at-fault driver’s insurance company without first consulting an attorney — insurance adjusters are trained to minimize payouts, and anything you say can be used against you.

The Role of a Car Accident Lawyer

Navigating a car accident claim while recovering from injuries is overwhelming. An experienced car accident lawyer on Long Island can handle every aspect of your case, from investigating the accident and gathering evidence to negotiating with insurance companies and, if necessary, taking your case to trial. Your attorney will work to identify all sources of compensation available to you and fight to maximize your recovery.

Contact Tannenbaum, Bellantone & Silver, P.C. Today

If you or a loved one was injured in a car accident in New York, don’t wait to seek legal help. New York’s statute of limitations for personal injury claims is generally three years from the date of the accident. Contact our law firm today for a free consultation. Our dedicated team of car accident attorneys will review your case, explain your legal options, and fight tirelessly to ensure you receive the compensation you deserve.