Ewa Beach, HI asked in Personal Injury for New York

Q: I was injured in a car accident and am considering filing a lawsuit. What kind of compensation can I receive?

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3 Lawyer Answers
Stephen Bilkis
PREMIUM
Stephen Bilkis PRO label
Answered
  • New York, NY
  • Licensed in New York

A: In New York, if you are a victim of negligence, you can receive monetary compensation for your injuries including: loss of current and future income, pain and suffering, reimbursement for current and future medical bills.

Anthony A. Ferrante
Anthony A. Ferrante
Answered
  • Brooklyn, NY
  • Licensed in New York

A: In New York, you are entitled to no-fault benefits which will pay for medical bills, time out of work and out of pocket expenses. These benefits (which usually last for anywhere from a few months to a year) are yours regardless of whether you caused the accident or not. The only requirement is that you file a no fault application with your insurance company within 30 days of the accident.

As to money damages for "pain and suffering" you may or may not be entitled. In creating the no fault system discussed above our legislature included a requirement of "serious injury" in order to recover money from an car crash. In essence, they said that you can't sue for a mild bump or bruise because you already got your bills paid and time out of work through no fault.

So the answer to your question is: it is impossible to tell. If your injuries are serious, then you may be entitled to compensation. How much will depend on a number of factors including the type of injury, the extent and nature of your treatment, the insurance company you are dealing with, any prior issues with the same body party, etc etc.

Good luck!

Peter N. Munsing
Peter N. Munsing
Answered

A: What your case is worth depends on many things--how the wreck happened, what the injuries were, whether you've followed up with a doctor, are still seeing a doctor. Call a member of the NY State Trial Lawyers Assn--they give free consults.

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