If you were recently injured in a car accident in New York, you are probably wondering what your available legal options are to recover financial compensation to pay for medical bills, lost wages, and other economic and noneconomic damages.
It is important to understand that New York is a no-fault car insurance state, which means you must file a claim under your own auto insurance policy to obtain monetary damages—regardless of who was at fault for the collision.
However, if you sustain severe and/or permanent injuries in the crash and the other party was responsible for causing it, you can file a claim against their insurance or a personal injury lawsuit.
Severe and permanent injuries include the following:
- Broken bones
- Permanent impairment of the use of a body limb or organ
- Significant disfigurement
- Significant limitation of a body part or system
- Being completely disable for at least 90 days
Keep in mind, not all car accidents are caused only by one party. New York is a “pure comparative fault” state when both parties share fault in a car accident. This means the injured party’s award is reduced by their percentage of fault in a crash.
For example, the jury determines you should be awarded $100,000 in compensation but also 20 percent at fault for the collision, you are still entitled to 80 percent of your total damages. In the end, you will be able to keep $80,000 of the $100,000.
The statute of limitations in New York is three years from the date of the accident.
If you have been injured in a car accident in Albany, contact O’Brien & Wood PLLC today at (518) 240-9992 and schedule a free consultation.