When you are a passenger in any vehicle, you are putting your life into the hands of others. You trust the driver to get you safely to your destination, and you trust the vehicles around you to not put others on the road at risk. Unfortunately, accidents do happen, and people get hurt. When a car accident leaves you with serious injuries, it can be hard to know where to turn for help.
If you or a loved one was injured as a passenger in a car accident, then you may have questions about whether you are entitled to financial compensation for your medical bills, lost wages, and any pain and suffering you are experiencing and may experience in the future. At Dansker & Aspromonte Associates, our Staten Island passenger vehicle accident lawyers can guide you through your options so you can make the best choices for you and your family.
Call us today at (212) 732-2929 for your free consultation and to learn more about how we can help you.
Knowing Your Rights as a Passenger
You may not know how to seek compensation after an accident where you were a passenger, but our lawyers can help. You should know the following information:
New York’s No-Fault Insurance System May Limit Your Rights to Compensation
As a passenger in a motor vehicle accident, you are entitled to payment for your medical care, lost earnings, and other expenses such as travel costs and necessary medical equipment after no matter who is at fault. This is because New York is a no-fault insurance state. Regardless of who is responsible, insurance companies have to pay up to a certain mandatory amount for your expenses after an accident. If the motor vehicle owner or operator has additional no-fault insurance supplementing the standard policy, then the ceiling for these benefits will be even higher.
In order to recover financial compensation for your pain and suffering and other physical and emotional injuries, however, New York No-Fault requires that you prove that your injuries are “serious”. This limitation is referred to as the New York Serious Injury Threshold. Since 1988, Dansker & Aspromonte Associates have been fighting for injury victims just like you to show that their injuries meet this threshold.
According to the New York Department of Financial Services (DFS), you must file your no-fault claim with the correct insurance company within 30 days of your accident to receive the compensation that pays your medical bills, lost wages, and other expenses. While this can help with your expenses after an accident, sometimes it is still not enough. You may be left wondering what to do once the no-fault ceiling has been reached. Luckily, you are not out of options.
You Can File a Lawsuit for Injury Compensation
If you or a loved one was seriously injured as a passenger in a car accident due to the fault of another, you may be able to file suit against the at-fault parties to cover further costs resulting from your injuries, as well as to compensate you for your pain and suffering.
Call Dansker & Aspromonte Associates today at (212) 732-2929 to discuss your rights.
Understanding Personal Injury Lawsuits
Every case is based on unique facts and circumstances. Determining fault in an accident is often complex and there can be more than one cause of an accident. You have a right to bring a claim even if you are partly to blame. Our lawyers will conduct a thorough and careful investigation of your accident in order to prove that another party or parties were responsible for your injuries. This investigation may include:
- Obtaining all police and incident reports
- Interviewing witnesses
- Taking scene and vehicle damage photographs
- Securing video footage, if available
- Demanding sworn statements from all parties
- Examining vehicle specifications and traffic data
- Consulting experts in accident reconstruction
In many instances, the quality of the investigation that is performed by your lawyer can mean the difference between a large recovery or a small one. Depending upon the severity of your injuries, it may be essential to prove that not one but multiple parties were responsible for your accident since that may yield additional insurance coverage. For this reason, your choice for personal injury representation really matters. Dansker & Aspromonte Associates has decades of experience handling these types of cases.
What Qualifies as a Serious Injury
In order to file a lawsuit for compensation for your pain and suffering and other physical and mental injuries, you need to be able to show that your injury was, in fact, a “serious injury.” This is a legal term that can be confusing to injured people and their families. At Dansker & Aspromonte Associates, we know that any injury is serious to the victim and their loved ones. That is why we work to gather the evidence we need to prove that your injuries meet the definition of “serious” in New York. Under the New York Serious Injury Threshold a “serious” injury is defined as an injury which results in:
- Loss of a fetus
- A broken bone
- Loss of a limb or organ
- Significant loss of use of a body part or organ
- Permanent consequential limitation of a body part or organ
- Disfiguring scarring
- A non-permanent medically determined injury which prevents you from performing substantially all usual activities for 90 out of the 180 days immediately following the accident
When and How to File a Lawsuit if You Were Injured as a Passenger
If you have been seriously injured as the result of another’s fault, contact Dansker & Aspromonte Associates for a free consultation. Don’t delay as there are deadlines for filing your claim for benefits and compensation. If you fail to file your claim by the deadline, you may be forever prevented from receiving the compensation you deserve. Call us today. The sooner you contact us, the sooner we can begin to investigate your claim, preserve evidence before it is lost, file all claims in a timely manner, and build a strong case for you so that you can focus on your own recovery.
Why You Should Choose Dansker & Aspromonte Associates
Dansker & Aspromonte Associates has been fighting for the rights of injury victims just like you since 1988. If you retain us to fight for you, we will use our years of knowledge and our dedication to help you recover the compensation you need and deserve. We have recovered over $450 million in verdicts and settlements for our clients and have a proven track record of success.
We handle a broad range of personal injury cases, including motor vehicle, premises, construction site, nursing home, slip and fall, daycare or school, and many other actions. To learn more about how we can help you, call us today at (212) 732-2929 for your free consultation.