Hit by a Drunk St. Paddy’s Day Driver in NY? Damages That Apply
New York has proudly hosted the St. Patrick’s Day Parade since 1770. That’s an astounding 248 years!
Drunk driving on that holiday and throughout the year , despite all the warnings out there, still exists. Unfortunately, that fact results in many DUI arrests and injuries caused by drunk drivers.
If you were injured due to a drunk driver, we can help you sue for a number of different types of damages under the law. Here is what you need to know about filing a claim.
Understanding New York Injury Compensation Laws
When you have injuries from a motor vehicle accident in New York, you must first file a claim with the proper insurance company for coverage of medical bills and lost wages, whether you were at fault or not. This is because New York has a “no fault” insurance law in place.
Sometimes, injuries are significant enough that compensation can be sought from the other driver’s insurance company if the other driver was negligent. These are some of the types of injuries that may qualify for compensation and/or result in a lawsuit:
- Bone fractures
- Significant disfigurement
- Significant limitation of body system or function
- Certain types of disability for at least 90 days out of the first 180 days following the accident
- Permanent loss of use of a limb or body organ
Seeking Damages for a Drunk Driving Accident
If you are considering filing a lawsuit for an injury accident with a drunk driver, these are the types of damages you may be able to seek:
If you had to miss work due to circumstances created by the accident, you may seek compensation for lost wages. This can include future lost income if you must miss work for rehabilitation or due to disability.
This covers hospital costs or doctor visits over a certain amount covered by no-fault insurance and prescriptions. It also includes ongoing medical expenses into the future (subject to no-fault limitations) if you will be in the need for further treatment and therapies.
Pain and suffering
If your injuries are deemed to have caused pain and suffering after the accident, your attorney will be able to explain the laws of present and future pain and suffering.
If your love one was killed in the accident, you can sue for wrongful death.
If your case goes to trial, a jury will determine your eligibility for damages according to the following conditions:
- Projected amounts for ongoing medical treatment
- The amount of lost income
- The level of disability resulting from the accident
- Pain and suffering from the date of accident into the future
Check with a knowledgeable New York injury attorney to learn more about what damages you can seek in your case. Keep in mind that all claims must be filed within the New York statute of limitations.
Moreover, it is important to know that New York operates under something called comparative negligence. What this rule means is that each party’s level of fault is taken into consideration when awarding compensation.
For example, if you were hit by a drunk driver, but you were speeding at the time of the accident, the jury may find you to be 40 percent at fault for the accident. If the total compensation awarded in the case is $10,000, you will receive a maximum of $6,000 because your 40 percent fault is deducted from the total.
Get Help from a Skilled New York Car Accident Attorney
A vehicle accident case can be complicated. You need a skilled attorney to advise you on the best route to take. A lawyer with years of experience in cases like yours will work hard to secure the compensation you deserve. Call today for your free case review and consultation.
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