New York Mercedes Car Accident
If you were involved in a Mercedes car accident it is important to understand your legal rights. Just like any car accident, car accidents involving Mercedes, BMWs or any other type of vehicle are caused by a variety of factors. Some of the most common causes of car accidents include running red lights or stop signs, speeding, distracted driving, drowsy driving, and drunk driving. Oftentimes the injuries are quite serious. Common injuries that victims suffer include brain injuries, burns, broken bones, injuries to the spinal cord, and internal injuries. Such injuries cost a significant amount of money both in medical bills and in lost wages from missing work. Under New York law victims of car accidents have the legal right to file claims against the negligent parties and demand compensation. If you or a family member was injured in a car accident caused by the negligence of someone else it is critical that you immediately contact an experienced New York car accident lawyer who will review your case and explain your legal rights. Because there are time limits for filing personal injury claims it is important that you act immediately.Elements of a negligence claim
As an experienced attorney will explain, in order to show that a driver was negligent, you must show the following:
- Defendant had a duty of care. New York law requires that individuals operate their vehicles in a cautious 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.
- Defendant breached his duty of care. With car accidents a finding of a breach of duty of care is often based on speeding, driving while drunk, running a red light, failing to stop at a stop sign, using a mobile phone while driving, changing lanes recklessly, and making illegal turns. In other words, if a driver violated a traffic law, then that driver breached his or her duty of care.
- 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. The injury must be serious. Minor scrapes and bruises that only require a limited amount of medical attention may not be enough for a personal injury law suit. On the other hand it is important to understand that not all serious injuries are immediately obvious. For example, symptoms of brain injuries may not appear hours or days after the accident. Thus, it is important to see a medical professional after a car accident even if you are unsure as to the extent of your injuries.
- Link between the breach and your injuries. There must be a connection between the other person’s negligence and your injuries. If the person’s recklessness caused the accident and you were injured in the accident, then a link exists.
If the negligence of another driver caused the Mercedes car accident that resulted in your injuries, the types of compensation that you may be able to recover include:
- Medical expenses. This includes past and future medical expenses related to the injuries you suffered in the accident. This may include the cost of the ambulance service, emergency room visits, hospital stays, surgery, medical equipment and prescriptions. Your attorney will explain that demanding future medical expenses is critical as many serious injuries require treatment well into the future.
- Lost income. This includes all income you lost because you were not able to go to work such as missed paychecks and used vacation or sick days. You can also demand compensation for loss of earning potential if your injuries made it more difficult for you to earn the amount of money in the future that you otherwise would have earned.
- Pain and suffering. This includes compensation based on the type and severity of your injuries. If the injury is quite severe and requires invasive measures for treatment, or if the injury is permanent, it is more likely that you will receive a significant pain and suffering award.
Mercedes car accidents do not affect only the injured victim. Car accidents affect the victim’s family as well. The victim is unable to go to work and contribute financially to the family. In addition, the victim may not be able to interact with family member in the same manner as prior to the accident. Holding the negligent party financial accountable is one way to help you and your family heal. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience successfully representing clients injured in car accidents. 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.