Damages that can be Recovered
Whether you have suffered injuries or property damage in a car accident, you may be entitled to compensation. The money you receive depends on the severity of your injuries and the other party’s negligence. In most cases, these damages are traceable, meaning that you can find the receipts for medical expenses and other related costs.
There are three types of damages that you can claim: economic, non-economic and punitive. You can choose to file a lawsuit for any one of these types of damages. In addition to damages, you may also be able to receive exemplary damages, prejudgment interest, and court costs.
Economic damages are the most common damages that can be recovered in a car accident case. These include medical expenses, such as surgery, hospitalization, and prescription drugs. During an accident, you can also claim damages for lost wages and reduced earning capacity. Expenses for home maintenance and childcare may also be included in this category.
Non-economic damages are less common, but can include compensation for pain and suffering. In addition to compensation for bodily anguish, you can also receive compensation for emotional distress, loss of companionship, and disfigurement. You can also receive compensation for reduced enjoyment of life, as well as for a damaged reputation.
Punitive damages are rare, but can be awarded in car accident cases. They can be awarded to punish a negligent driver, and to prevent future reckless behavior. They may also be awarded for a grossly negligent act.
Time Limits to File a Claim in New York
Several factors can affect the time limits to file a car accident claim in New York. These include if you are filing against a private party or a government entity. There are also some special cases.
The statute of limitations is a very important time period that defines when you can file a lawsuit. The statute is generally three years from the date of the accident. You may be able to extend the time period if you can provide written proof of why you were injured.
The statute of limitations can be significantly shorter if you are claiming against a government agency. If you are filing against a municipality, you may be required to file a Notice of Claim within 90 days of the incident. This is a legal document that notifies the government institution of your impending claim. This allows the institution to investigate your claim and evaluate it before you file a lawsuit.
The statute of limitations is also important if you are filing a wrongful death claim. If you are suing another person for wrongful death, you are limited to two years from the date of the accident. You may be able to extend this time period if the deceased was a minor or if the accident was caused by a mental illness.
There are also several other time periods within the three year time frame that can be claimed. These include the statute of limitations for a wrongful death case, a claim for recovery and a property damage claim.
Options For Pursuing Compensation After A Car Accident
Getting compensation after a car accident can be complicated, but there are options. One option is car accident lawyers. You can file a claim against the at-fault driver’s insurance company, your own insurer, or through an employer’s insurance policy.
You should contact an experienced attorney to help you determine whether you have a case. Depending on the severity of your injuries, you may be entitled to compensation for physical pain and suffering, emotional scarring, loss of future earning capacity, and more.
A car wreck can have a lasting effect on your ability to work, and can also limit your chances of seeing friends and family. You may be unable to ride in a car for several months or years after the crash. It can also take a long time to recover from injuries and determine the full impact of the accident.
Your savings can quickly diminish after you’ve spent money on medical bills and surgery. You may have lost time from work and may have to pay for hospital visits and follow-up visits. You may also have to miss work for an extended physical therapy program.
Insurance companies have skilled attorneys who can help you determine how much compensation is owed. They will also help you negotiate a better settlement with the insurance company. They will also file a lawsuit on your behalf.
You should also research the time frame for filing a claim. It may take months to complete an investigation. If the time frame is too long, you may be unable to collect on your claim.