New York Honda Car Accident
While there may be many cited reasons for a New York Honda car accident, in the vast majority of cases the cited reason is a type of negligence. For example, car accidents are often caused by speeding, distracted driving, driving while impaired, and reckless driving. Each of these driving behaviors is a type of negligence. Under the law drivers must drive in a manner such that other motorists, passengers and pedestrians and not put a risk. Failure to do so would amount to driving in a reckless, negligent manner, and would amount to breaking the law. In addition to being illegal to driving negligently it, negligent driving behavior causes injuries and even death. For example, one of the most common types of negligent driving and a leading cause of collisions is speeding. If a car that is speeding is involved in an accident a victim may suffer multiple types of serious injuries such as concussion which is a type of traumatic brain injury, fracture ribs or pelvis which are types of broken bones, and severe cuts and bruises. These types of injuries require a trip to an emergency room, possible surgery, and extended recovery times. This means that the victim will accumulate high medical bills and miss work. The law recognizes the burden that this places on victims and allows victims of car accidents to seek damages from the person whose negligence resulted in the accident. If you were severely injured in a car accident it is important to contact an experienced New York car accident lawyer right away who will help ensure that the person responsible for your losses is held accountable through a personal injury lawsuit.Elements of a negligence claim
A personal injury case is technical. Just because you feel that the other driver was wrong and that you deserve to be compensated does not mean you will automatically receive compensation. You must prove that you have a valid claim under the law. Thus, you must show that the other driver had a duty to not put you at risk, that that defendant breached that duty, and that as a result of the breach you were injured and suffered a loss.
Under the law every driver on New York roads has a duty to operate their car, SUV, minivan or truck in a way that does not put other drivers, cyclists or pedestrians at risk. If a driver speeds, texts while driving, drives while drunk or breaks some other traffic law and ends up injury you, that driver violated his or her duty of care.Filing a personal injury claim
As an experienced attorney will explain, a personal injury claim is a type of lawsuit filed by victims of the negligence or intentional acts of another person. In order to have a viable claim you must have suffered a loss such as a serious injury. Examples of the types of damages that you may be able to recover include:
- Medical expenses. If you injury is a brain injury brain injury, spinal injury, broken bones, internal injuries, severe burns, or any other type of serious injuries, your medical bills will be significant. To recover these expenses from the negligent party you will need proof of bills related to the emergency room, hospital, surgery, rehab facility, nursing home, medication and medical equipment.
- Lost wages. Missed work is a byproduct of a serious injury. For example, there have been cases where car accident victims with brain injuries suffered chronic, painful headaches and compromised cognitive issues for months following her car accident. If you are unable to work and miss paychecks, bonuses, promotions, and other benefits of work, then you can demand that the negligent party compensate you in the amount of the value of these lost benefits of working.
- Pain and suffering. Another consequence of a serious injury is physical pain and mental suffering. The law recognizes such pain and suffering as a loss and allows victims to demand compensation for pain and suffering from the defendant.
- Wrongful death. If a family member was killed in a car accident the person who has been named the deceased’s personal representative has the right to file a wrongful death lawsuit and seek compensation on behalf of the deceased’s estate.
If you or a family member have been seriously injured in a New York Honda car accident, do not try to handle case yourself and do not try to negotiate with the insurance companies. Car accident cases are complex. Only an experienced attorney has the ability to review all of the evidence and ensure that you receive the amount of compensation that you deserve. The lawyers at the Law Offices of Stephen Bilkis & Associates have years of experience representing victims of car accidents and ensuring that their rights are protected. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve individuals hurt in car accidents in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.