New York Acura Car Accident
If you are a victim of a car accident involving an Acura you know just how confusing the moments immediately following the accident can be. You may be confused about what happened, and you may be in pain from your injuries and focused on your medical needs. For example, it is not uncommon for a victim to suffer a traumatic brain injury such as a severe concussion, or a life-altering spinal cord injury. These injuries may render you immobile, cause you great pain, or leave you confused. If there were others in your car who were also injured, you will also be concerned about their well-being. However, it is also important to understand the steps that you must take, or that must be taken on your behalf to make sure your legal rights are protected. New York law gives victims of Acura car accidents as well as victims of other types of personal injury such as medical malpractice the right to seek compensation for their losses. If you were seriously injured in a car accident such that you feel you need a New York Injury Lawyer it is critical that you immediately contact an experienced New York Acura Car Accident Lawyer who will work closely with you to ensure that you receive compensation for your losses.Elements of a car accident claim
By car the most common reason for a car accident is negligence. In order to show that a driver was negligent, you must show the following:
- The defendant had a duty of care. New York law requires drivers to operate their vehicles in a prudent manner in order to avoid putting others at risk. Thus, when a driver gets behind the wheel and drives his or her car, the driver owes you and all other drivers and pedestrians a duty of care.
- The defendant breached his duty of care. In other words, the driver was not careful. To show that the driver was not careful, you must prove that the driver’s behavior was not reasonable. Violating a traffic law is evidence of breaching a duty of case. Thus, if a driver failed to stop at a red light, failed to yield to pedestrians in a crosswalk, or tailgated, then that is evidence that the driver behaved negligently.
- You suffered injuries. In order to have a valid negligence claim following a car accident, you must show that you suffered an injury and that the injury was caused by the accident. For example, Joe spent all day Saturday moving boxes into his new home. In the process he injured his back. On Monday he was in a car accident. If Joe claims that he injured his back in the car accident, he may have problems showing that his injury was caused by the car accident.
- You suffered losses. Just because you were in a car accident caused by another person’s negligence does not necessarily mean that you are entitled to damages. Not only must you have suffered some sort of injury (or property damage), you must be able to prove that you suffered a loss. For example, if you were injured you must show medical records and bills to prove your medical expenses. In addition, if you missed worked while recovering from your injuries, you must show evidence of the wages you lost.
If the negligence of another driver caused the Acura car accident that resulted in your injuries, the types of compensation that you may be able to recover include:
- Lost wages
- Medical bills including bills from the hospital, your doctors, prescriptions and bills associated with medical equipment
- Damage to your vehicle
- Pain and suffering
If a loved was killed in the car accident, you may be able to pursue damages through a wrongful death action.
Beware that New York law has a specific time limit for filing a claim in a personal injury case. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit.New York Acura Car Accident Lawyer
If you are injured in an Acura car accident, your first priority should be to see to your medical needs. However, it is also important to understand that the steps you take immediately following an accident may have an impact on any claims you file. Thus, it is important to contact an experienced car accident attorney who will guide you through the process and make sure that your rights are protected. The staff at Stephen Bilkis and Associates is experienced in handling personal injury and wrongful death cases stemming from auto accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.