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How to Pursue Compensation After a Car Crash

If you’re injured in an auto accident caused by a negligent driver, you must file a claim with your insurer, under your Personal Injury Protection coverage. This coverage will pay for a portion of your damages. However, if your damages exceed the limits of your insurance and you were seriously injured, you may be entitled to additional compensation. A Brooklyn auto accident lawyer at Parker Waichman LLP can help you pursue additional compensation by filing a civil lawsuit against the negligent driver.

What Does PIP Insurance Cover?

PIP insurance covers the following:

Medical expenses
Household costs
Lost earnings
Daily tasks

Medical expenses
Household costs
Lost earnings

Your PIP insurance also provides coverage for reasonable and necessary expenses, such as:

Household help or transportation for medical treatment. Unfortunately, this coverage does not apply to property damage.

What is New York’s Serious Injury Threshold?

You can file a lawsuit or claim against the negligent driver if you meet the state’s serious injury threshold. To meet the threshold, you must experience an economic loss that’s greater than $50,000 and meet serious injury criteria as defined by the state of New York.

The following injuries are categorized as serious by the state:

Loss of life
Loss of a fetus
Fracture
Dismemberment
The significant limitation of the use of a body system or function

Your auto accident attorney at Parker Waichman LLP will carefully review your medical records and consult with medical professionals to determine if you meet the state’s serious injury threshold.

What Auto Accident Damages Are Available?

When you file a lawsuit, you may be entitled to the following types of economic and non-economic damages:

Past and future medical care costs, such as hospitalization, rehabilitation, surgeries, medication, assistive medical devices and equipment, doctor’s appointments, etc.
Past, present, and future lost wages
Pain and suffering
Funeral and burial costs
Loss of quality of life
Temporary or permanent disability
Emotional distress
Loss of consortium
Loss of enjoyment of life

And more.

How Can a Brooklyn Auto Accident Attorney Help?

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If you suffered a serious injury in a car accident that was not your fault and your damages exceed your insurance policy coverage limits, you may be entitled to additional compensation. A Brooklyn auto accident lawyer at Parker Waichman LLP will review your case to determine whether you can file a lawsuit and pursue damages in court.

During this difficult time, your car accident attorney can also help by:

Investigating the accident
Gathering evidence
Interviewing witnesses
Consulting with experts to accurately calculate damages and establish liability
Filing paperwork
Handling all communication with the insurance company or defense attorney
Filing a lawsuit
Representing you in court

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Parker Waichman LLP

What Are Common Causes Of Motor Vehicle Collisions in Brooklyn?

The most common causes of auto accidents in Brooklyn, New York, include:

Distracted driving
Speeding
Reckless driving
Driving under the influence of alcohol or drugs
Failure to yield
Following too closely
Unsafe lane changes
Failure to stop at red lights

Common Injuries Sustained in Motor Vehicle Collisions

At Parker Waichman LLP, our Brooklyn auto accident lawyers have handled countless car accident cases that involved the following types of mild to life-changing injuries:

Traumatic brain injuries (TBIs)

Spinal cord damage

Broken bones/bone fractures

Nerve damage

Neck injuries

Back injuries

Leg and arm injuries

Burns

Loss of limb

Crush injuries

Internal bleeding

Whiplash

Shoulder injuries

What is the Statute Of Limitations in New York?

The statute of limitations in New York for auto accident lawsuits is three years from the date of the accident. If you’re pursuing a lawsuit for wrongful death after losing a loved one in a car crash, you will have two years from the date of the deceased party’s death to take legal action. Failure to take action within this time frame can result in your case being dismissed. Because of this strict deadline, you must contact an auto accident lawyer as soon as possible.

What Should I Do After An Auto Accident?

Following a motor vehicle collision, there are certain steps you must take to protect your health and legal rights:

Contact 911 if anyone is injured. If no one sustained injuries, contact law enforcement.
Obtain the other driver’s name, contact information, and insurance information. Do not apologize for the accident.
Speak with law enforcement. Provide only the facts. Do not admit fault.
If anyone witnessed the accident, obtain their name and contact information.
Gather evidence. Take photos or video of the accident scene, vehicle damage, anything that may have contributed to the crash, and your injuries.
Seek medical treatment as soon as possible, even if you feel fine. Certain types of accident injuries do not present signs or symptoms for several hours or days following a collision.
Contact a car accident lawyer as soon as possible. At Parker Waichman LLP, our Brooklyn personal injury lawyers offer free consultations to discuss your case. When you hire a member of our legal team, they can investigate your accident and determine whether you can pursue additional compensation by filing a lawsuit.

What Are the Top 10 Most Dangerous Intersections in Brooklyn, NY?

Lawrence & Willoughby Street
Smith & Wycoff Street
South Fourth & Keap Street
South Third & Havemeyer Street
Hooper & South Fifth Street
Sterling Place & Kingston Avenue
Newkirk Avenue & Argyle Road
Flatbush & Tillery
Pennsylvania Avenue & Atlantic Avenue
Pennsylvania Avenue & Linden Avenue

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2023 Brooklyn Car Accident Statistics

Total accidents: 2627
Motorists injured: 597
Motorists killed: 2
Passengers injured: 437
Passengers killed: 0
Pedestrians injured: 286
Pedestrians killed: 1
Cyclists injured: 140
Cyclists killed: 1

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