1
Is New York an at-fault state for car accidents?
No. New York is a no-fault state for car accidents. This means that regardless of who caused the accident, each driver's own insurance typically covers their medical expenses and lost wages. This gives victims quicker access to benefits without needing to determine fault right away – as this process takes time. However, there might be exceptions for more severe injuries.
2
How is fault determined in a car accident in New York?
In New York car accident injury cases, fault is generally determined by gathering evidence like police reports, witness statements, traffic laws, and the details of the crash. If the accident results in a serious injury, the at-fault driver’s insurance may be held liable for compensation beyond the no-fault coverage.
3
What happens to your body after a serious car accident?
Trauma after a serious car accident commonly includes internal injuries, broken bones, lacerations, concussions, and soft tissue damage. Some car accident injuries are not noticeable in the immediate aftermath of the accident. Shock and adrenaline can temporarily mask issues like brain injuries and spinal cord injuries. Pain, swelling, and limited mobility may appear over the next several hours or days.
If you’ve been in a serious car accident, it’s essential to get examined by the medical team at the scene, even if you feel fine in the moment.
4
What are the lingering injuries after a car accident?
There can be many, many lingering injuries from a car accident. These may become more obvious in the hours or days after the crash. These issues may include chronic pain, whiplash, herniated discs, post-traumatic stress disorder (PTSD), and long-term joint or muscle problems. All of these injuries can affect your daily life.
We recommend making an appointment with your doctor as soon as possible after the accident. They will analyze the medical team’s assessment from the scene and determine the next steps in your recovery.
5
What are the most common injuries in a car accident?
The most common injuries victims of car accidents face generally involve whiplash, concussions, broken bones, spinal cord injuries, and soft tissue damage (like sprains or strains). Many of these injuries can take time to show symptoms. Even if you don’t feel any immediate pain, it’s very important to get examined by medical staff at the scene. These professionals are trained to spot the early signs of significant injuries.
6
Who pays for pain and suffering?
Pain and suffering – which is a much more subjective damage than medical bills – is generally paid by the at-fault party's insurance provider, or your own insurance provider in certain situations. Pain and suffering compensation covers emotional distress, loss of enjoyment, and emotional anguish caused by the accident.
Due to the intangible nature of pain and suffering, calculating these damages is not straightforward. Your car accident injury attorney will work closely with you and medical experts to determine the severity of your pain and suffering to place a monetary value on it – and negotiate for a fair settlement.