Chemung County Car Accident Attorney
Car Accident Attorneys Proudly Serving Chemung County, NY
Traffic crash-related injuries are the 5th leading cause of injury-related hospitalization. They are a leading cause of injury-related emergency department visits in Chemung County. The New York State Department of Health stated that between 2016 and 2018 traffic crashes resulted in an average of 1 dead, 4 hospitalized, and 89 needing emergency treatment in Chemung County. With these kinds of statistics, it is imperative to retain a Chemung County car accident attorney right away.
If you or your loved one is involved in a Chemung County car accident, you want to understand your options for getting compensated for your losses. At Proudfoot Law Firm, we treat your case with the utmost importance. With our team of experienced and aggressive personal injury lawyers, we can get you the compensation you deserve.
What to do when you are involved in a Chemung County car accident
You need to know that New York, thus Chemung County is a no-fault insurance state. What this means is that if you are involved in a car accident, you ordinarily cannot claim compensation from the other driver – even if he was at fault. You need to file a claim under your own personal injury protection coverage to get compensation for medical bills and other losses.
The personal injury protection coverage is also known as no-fault insurance and it has a coverage limit. The coverage limit is usually determined by either your state or your insurance company.
This means that there is a maximum amount in which your insurance company will pay for a claim. So, if you are involved in a car accident, you can file your no-fault insurance coverage up to the limit. Even if you were at fault in the accident, you can still make a claim for compensation from your own insurance company under your personal injury protection coverage.
However, there are certain instances in which you can step outside the no-fault rule and claim compensation from the other driver if he was at fault. You can pursue a claim if:
- Your accident-related expenses exceed the monetary threshold set by Chemung County or your insurance policy. This means that your medical bills exceed the limit set by Chemung County law or in your insurance policy. What this means is that if your coverage limit is $10,000 but your medical bills have climbed to about $15,000, you can sue the at-fault driver. You can sue for the whole amount, instead of splitting it between your insurance company and his.
- Your accident-related injuries exceed the verbal threshold. This means that your injuries were so severe that you suffered permanent loss of a body part or your mobility is so limited that your ability to earn an income is impaired.
What type of damages can you claim in a Chemung County Car accident lawsuit?
The typical damages you can claim from a Chemung County Car accident include:
- Cost of medical treatment
- Cost of vehicle repair or replacement
- Rental car costs
- Compensation for lost wages
- Pain and suffering
- Permanent incapacity
- Emotional trauma
These damages are categorized into economic and non-economic damages. Economic damages include expenses that are easily computable such as lost wages, medical expenses and car repair. Non-economic damages include factors that can’t be calculated such as pain and suffering.
Under New York no-fault insurance law, you cannot claim damages for pain and suffering when filing a claim with your insurance company. However, if your claim falls into the category of the exception, you can claim for pain and suffering.
How can a Chemung County car accident attorney help you?
With New York’s no-fault insurance laws, it can be a bit difficult to navigate the complexities of determining the severity of injuries. This can affect your claim to compensation. However, at Proudfoot Law Firm, we handle all those complexities for you when you contact us. All you need to do is book a free consultation with Stephen M. Proudfoot, and we do the rest of the hard work.