New York Lincoln Car Accident
Of the thousands of car accidents that happened each year many involve Lincolns. A New York Lincoln car accident can be caused by a number of different factors. However, one of the most common reasons is the negligence of another driver. For example, if a driver speeds, fails to stop at a red light or stop sign, makes an illegal lane change, texts, or drives while impaired, then that driver would have driven negligently. Breaking any “rule of the road” is a type of negligence. Drivers in are required to refrain from driving recklessly. In other words they have a duty to other drivers, to passengers to bicyclists and to pedestrians to drive in a manner that does not put them at danger. If a driver exceeds the speed limit, drives while drunk, or runs through a stop sign, then that would amount to breaking the law, reckless driving and negligence. Such reckless behavior often leads to collisions that not only causes property damage, but also leads to serious personal injuries and sometimes death. Injuries such as spinal cord injuries, internal bleeding, serious burns, fractured bones, and injuries to the brain, are painful and take a long time to heal. Sometimes such injuries are permanent. However, there are laws that are on the side of the victim, allowing the victim to make the negligent defendant pay for the expenses and other losses associated with the car accident. In order to ensure that your rights are protected you should act immediately and contact an experienced New York car accident attorney who will help you file a claim and demand compensation.Elements of a negligence claim
Every personal injury case involves a negligent person breaching a duty of care to the victim person, and as a result the victim suffers a loss. Thus, you may have a valid claim for personal injury based on a negligence if you can show the following:
- Duty of care. The defendant must have had a duty of care. This means that the defendant must have been required by law to behave in a way that that did not put others at risk. All drivers have the duty to drive in a manner such that other people on the road such as other drivers and pedestrians are not put at risk.
- Breach of duty. The defendant breached his or her duty of care by behaving in a negligent manner. For example, the defendant violated a traffic law by driving while intoxicated, exceeding the speed limit, or texting while driving.
- Breach caused injuries. As a result of the defendant’s breach of duty you suffered a serious injury. If the injury was minor such that you did not require any medical treatment or very minimal medical treatment, your case may not be appropriate for a personal injury lawsuit. You must be able to show that your injuries were caused by the accident.
- You suffered losses. You must be able to prove that you suffered monetary losses. Evidence of such losses includes bills from the emergency room, hospital, doctors, rehab facility and pharmacy.
As an experienced attorney will explain, depending on the type and extent of your injuries, the types of compensation that you may be able to collect include:
- Medical expenses, such as bills the hospital, ambulance service, pharmacy, doctors, rehab facility and home health care worker.
- Lost wages, such as the paychecks you did not receive because you were recuperating and decrease in your earning potential because your injuries are permanent.
- Pain and suffering refers to compensation a court may award you because your injuries were so devastating that you suffered not only significant physical pain but significant emotional pain.
- Wrongful death claim, is a special type of personal injury claim in cases where the accident is a fatal one. The personal representative can file such a wrongful death claim on behalf of the deceased.
In injury in a New York Lincoln car accident can be life changing. It can affect your ability to work, your ability to care for yourself, and your ability to care for your family. Holding the negligent party accountable through a personal injury lawsuit will go a long way toward help you move on with your life. If you were injured in a car accident caused by the negligence of another person, contact the Law Offices of Stephen Bilkis & Associates. Our attorneys have experience representing victims of car accidents and is familiar with the medical issues victims of such accidents experience. Contact us at 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.