Call Us Now Text Us

Car Accidents

There are more than 560 traffic accidents in New York City every day. Of the 206,700 car accidents in 2019, half occurred in Brooklyn and Queens alone. In a single year, almost 32,500 crashes caused injuries to motorists, passengers, pedestrians, and motorcyclists.

Have you been injured in a car crash in New York? You may be eligible to step outside the no-fault insurance system to hold the responsible party accountable. Goidel & Siegel Injury Lawyers is dedicated to helping you pursue

Comparative Negligence in a New York Car Accident

Comparative Negligence in a New York Car Accident

New York uses a pure comparative negligence rule. Under this legal doctrine, a share of liability in an accident is assigned to all parties involved ranging from 0% to 100%. You are entitled to recover compensation from the at-fault party according to their share of assigned fault. Essentially, your recovery will be reduced in proportion to the amount of blame you are assigned.

If you suffer $80,000 in damages in a crash but you are assigned 20% of the blame while the other driver is assigned 80% of the fault, your recovery will be reduced by $16,000 (20%) to $64,000.

Be aware that the insurance company may try to shift as much blame as they can to reduce their own liability. This is why it’s critical to consult with an experienced New York car accident attorney if you are being blamed for your crash.

Damages Available After a Car Accident in New York

New York is a no-fault insurance state. This means that after an accident, parties generally make a claim against their own insurance policy for your property damage, medical bills, and a percentage of lost wages (up to a limit). It does not matter who was at fault; your policy pays for up to $50,000 in your lost earnings and medical expenses. However, only 80% of your lost earnings are paid up to $2,000 per month. It’s also easy for a serious accident to result in far more than $50,000 in losses.

To recover compensation beyond this limit, you must qualify to step outside the no-fault system. You can file a claim or lawsuit against the at-fault party if you:

Serious injuries include:

  • Fracture
  • Significant disfigurement
  • Dismemberment
  • Loss of a fetus
  • Permanent loss of function or use of a bodily system, member, or organ
  • Permanent limitations of the use of a bodily organ or member
  • Significant limitation of the use of a bodily system or function
  • Medically determined impairment or injury that is not permanent but prevents you from performing your daily activities for at least 90 days

If you are entitled to pursue a case against the at-fault party, you are entitled to additional damages. You may seek the full economic and non-economic losses you suffered including your full lost wages, medical bills, pain and suffering, distress, anguish, and loss of enjoyment of life. If your case goes before a jury, you may even seek punitive damages if the defendant caused you injury through egregious behavior, willful indifference, or extreme negligence.

Contact a New York Car Accidents Lawyer for a Free Consultation

If you have suffered serious injuries in a car accident, it’s vital to take action quickly to preserve your case and pursue the full compensation you deserve. Goidel & Siegel represents car accident victims and their families to level the playing field with the insurance company. We can represent you in a claim against your own insurance company to ensure you are treated fairly or help you pursue a case against the negligent party. Our New York injury lawyers have more than 30 years of experience building cases, and you can count on us to accurately value the full extent of your losses and gather the evidence necessary.

With extensive courtroom experience, our multilingual New York trial lawyers are taken seriously during negotiations by the insurance company. Call our law office today to schedule a free consultation with a compassionate New York car accident lawyer ready to fight for you.

Get In Touch

56 W. 45th Street 3rd Floor New York, NY 10036

get a free consultation

Message Us

  • This field is for validation purposes and should be left unchanged.