Everything happens in a matter of seconds, and it is often difficult to objectively determine after an accident how it occurred. In extreme situations, operating under the influence of heavy shock, participants do things that they are later unable to rationally explain, e.g., they walk on a broken leg or do not feel pain even with very extensive injuries. Of course, we are unable to prepare for such a situation.
Health is most important
Regardless of the scale of the injuries, after an accident, you should not underestimate even the smallest symptoms of bodily harm. Sometimes the dangerous consequences of an accident remain initially hidden or imperceptible due to the shock experienced. Medical personnel have vast experience and can identify many hidden injuries right at the scene of the accident. Therefore, whenever possible, please provide the rescuers called to the scene, and later the doctors at the hospital, with as much information as possible. Injuries visible to the naked eye are obvious, but very often hidden ones are much more dangerous. You should tell the doctors where it hurts, how it hurts, where the injured person was at the time of the accident, or where they were hit (even if there are no symptoms of bodily injury yet). At any moment, if the injured person remembers any significant circumstances from the moment of the accident concerning their health, they should be communicated to the doctors as soon as possible.
Report from the scene
The police will also arrive at the scene of the accident along with an ambulance. While medical personnel take care of saving the health and lives of the injured, police officers will secure the accident scene, gather information about the event, and collect witness statements. It is very important to provide the police with all circumstances of the accident, because on their basis the police will draw up a report, which will later be a very important document in the further stage of any potential lawsuit. If the accident participants are able to do so, they should take photos of the accident scene, take contact details of witnesses, and contact a lawyer as soon as possible. If the injured are not able to take photos themselves, they can ask someone among the witnesses.
No-Fault
Timely submission of all required documents to the appropriate insurance company will be of immense importance for any potential case. We encourage you to contact a lawyer, because if the deadline is exceeded or documents are submitted on time but to the wrong insurance company, you may permanently lose the opportunity to pursue your rights. In car accidents, No-Fault insurance is most commonly applied. This means that regardless of which party is at fault for the accident, the insurance company of the car in which the injured party was at the time of the accident will cover medical expenses and pay for lost wages (80%, up to a maximum of $2,000 per month) for the period of inability to work, up to a total maximum amount of $50,000. If the car was uninsured, the injured party can use their own car insurance for this purpose. If the injured party does not own a car, the obligations are taken over by MVAIC (the NY State Motor Vehicle Accident Indemnification Corporation). Please remember, however, that in every case, a doctor must unambiguously confirm the connection between the inability to work and the road incident. They must also determine how long this disability will last. The No-Fault insurance company has the right to verify at any stage of benefit payouts whether the injured party still needs medical care and replacement earnings. They will then refer them for an examination to a doctor appointed by the company, who prepares a written opinion on the matter. No-Fault may challenge the injured party’s further entitlement to the above benefits, claiming that they have already recovered and are ready to return to work. The same will apply if the sum of paid No-Fault benefits reaches the limit of $50,000. If the injured person owns their own car, you should also check whether under your own insurance you are entitled to additional benefits (medical and lost wages) whose value was not covered within the $50,000 No-Fault amount. I leave it to your consideration to purchase “Double No-Fault” for your own vehicle. The upper payout limit is then $100,000. You should also remember that No-Fault will refuse any payouts and benefits from the very beginning if the injured person turns out to be ineligible for them. For example, if the injured person is a motorcyclist (motorcyclists are not entitled to No-Fault benefits).
Civil lawsuit
No-Fault insurance does not pay compensation for pain and suffering. Even if it turns out that the same insurance company will be responsible for covering losses related to the pain and suffering experienced by the injured, the case will be conducted according to a completely different procedure. A civil lawsuit must be filed against the at-fault party, their fault must be proven, and the incurred damages must be demonstrated. If within the ongoing investigation and case review it turns out that either party is at fault for the accident, it must be examined whether they can be sued in a civil lawsuit. However, not every accident qualifies for a civil lawsuit. Criteria established by law must be met. An experienced lawyer will examine your case, check whether expedited court proceedings can be applied. In such a case, the judge identifies the party at fault for the incident and what remains to be determined is whether the injured party suffered “serious injuries” and what compensation they are entitled to. In a civil lawsuit, there is no upper limit on the amount of compensation the injured party may receive. Of course, each insurance company conducts its own investigation and calculates to what extent it may be responsible for the damage caused by its insured. If at some stage of the case it concludes that, regardless of the lawsuit, it will have to pay compensation, it may decide to reach a settlement with the injured party instead of getting bogged down in costly court proceedings. It will then propose a settlement amount. This can be accepted or rejected by the injured party. If the injured party, in consultation with their lawyer, considers that the proposed amount is too low and they are able to win more in a court case, they can negotiate the settlement proposal or reject it outright.
Accident cases are complex. If a lawsuit proceeds, it will be necessary to meticulously respond to documents submitted by the other party to the proceedings. Frequently, additional experts must be involved to prepare opinions and testify in court if necessary. Each party will call its own witnesses. The injured party will be examined by independent doctors who will assess their health condition and the connection of any injuries with the accident. Therefore, if the need arises, you are welcome to visit my office. We work on the civil lawsuit together with a group of lawyers, each of whom brings their individual experience in order to best protect our client’s interests.
