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Car accidents are so common that they are considered ubiquitous experiences throughout New York. Although very commonplace, car accidents can be very dangerous or even deadly. The person responsible for causing your crash should be held responsible.
Car accident cases fall under the umbrella of personal injury lawsuits. However, there are a couple of hurdles to jump before you can file your case in court. Typically, injured drivers must go through their own insurance first before beginning a lawsuit. A lawsuit may be necessary when insurance fails to cover all your damages.
If you recently suffered injuries in a car accident, you should consider legal options beyond insurance. Our White Plains, NY personal injury lawyers can help you file your claims and get the money you need to pay for your damages. Call The Martello Law Firm, PLLC at (914) 685-6950 for a free initial case evaluation.
How Do I File a Lawsuit After a Car Accident in White Plains, NY?
A lawsuit is a great way to not only get the damages you are entitled to but also to hold the other driver responsible for causing your car accident. Before drivers in White Plains can file lawsuits for their accidents, they must first overcome insurance rules. Our White Plains, NY car accident attorneys can help you through the insurance process before moving on to your lawsuit.
New York is a no-fault insurance state. This means that in New York, injured drivers must file insurance claims with their own insurance companies, not the other driver’s insurance. The insurance company must cover you up to a certain amount regardless of who is responsible for the accident.
Under ISC Law § 5104, if you wish to pursue a lawsuit after exhausting your insurance, you must show you suffered a “serious injury” or that your damages exceed the compensation provided by your insurance. A serious injury is defined under ISC Law § 5102 and includes the following injuries:
- Loss of pregnancy
- Broken bones
- Loss or limitation of a bodily organ, limb, or function
- Any non-permanent injury that prevents you from doing normal daily activities
Once you have established that you meet the prerequisites for a lawsuit, our team can help you file a complaint and get the civil process started.
How Do I Prove My Claims in a Car Accident Case in White Plains, NY?
How you prove your claims and win your case will depend on the underlying nature of your lawsuit. While most car accident lawsuits are based on negligence, some are intentional torts. Our White Plains, NY car accident attorneys can help you figure out what kind of case you have and how to prove your claims.
Negligence is more than an unintentional accident or mistake. Negligence is a legal standard of liability. Four important elements of negligence must be sufficiently proven if you are to be successful. If any of these elements are missing from your case, you could be denied compensation.
The first element of a negligence case is the defendant’s duty of care. This is a legal duty the defendant owed the plaintiff at the time of the accident. In a car accident case, this duty is usually the defendant’s legal obligation to drive in a reasonably prudent and safe manner and to follow traffic laws.
Next, we must show that the defendant breached or violated their duty of care. The breach is whatever the defendant did or failed to do that caused the accident. For example, running a red light might be a breach of duty.
Next comes the connection between the breach and accident. The breach must be the direct cause of the accident rather than some separate cause. Finally, we must show your damages are real and not hypothetical – that they actually happened and not that they were just a mere possibility.
The evidence required in your case will depend on how your car accident occurred. If evidence is scarce, we can use photos or videos of the accident scene to piece together how the accident occurred. In some cases, accident reconstruction experts can be utilized to figure out how your crash happened and who is likely to blame.
Common Injuries in Car Accidents in White Plains, NY
Many serious and life-threatening injuries are possible in car accidents. There might also be other tangible and intangible damages that take a significant financial toll. Our White Plains, NY car accident lawyers can review your damages and calculate the value of your claims. The following are some physical injuries possible in car accidents:
- Broken bones
- Internal bleeding
- Spinal cord damage
- Neck injuries
- Head and brain trauma
- Loss of limbs
- Significant scarring or disfigurement
In addition to physical injuries, you might suffer other serious losses because of your car accident. These losses can include any number of the following damages:
- Costs to replace or repair your vehicle
- Lost income from missing work
- Emotional suffering or trauma
Car Accident Settlements in White Plains, NY
After we file your lawsuit, there is a chance that your case will not have to go to trial. Many cases end in settlement agreements rather than full court battles. A settlement agreement is a deal made between the plaintiff and defendant. The defendant agrees to pay the plaintiff a certain sum of money for their damages. In return, the plaintiff agrees to drop the lawsuit. The amount of money you get from a settlement agreement is up for negotiation.
The way your settlement goes will depend on the strength of your evidence and your attorney’s negotiation skills. Our White Plains, NY car accident attorneys have the negotiations skills to fight for the best settlement possible. If you have overwhelming evidence supporting your claims, the defendant might be more willing to compromise and agree to pay more as part of the settlement. If you have weaker evidence, you might have to fight harder for compensation.
Call Our White Plains, NY Car Accident Lawyers
After a car accident, you deserve to recover in peace. Worrying over mounting bills and debt is the last thing you need. Our White Plains, NY car accident lawyers can help you get the compensation you need. Call The Martello Law Firm, PLLC at (914) 685-6950 for a free case review.