Even though laws requiring auto insurance can be strict, not every driver follows them. If you have been in a motor vehicle accident with an uninsured or underinsured motorist, you may have more options than you realize. Before you settle with any insurance company, contact our firm to learn about your legal rights and options.
Learn More About Motor Vehicle Accidents in New York
After suffering an injury in a car or motor vehicle accident, you are likely to have many questions about your insurance coverage and your legal options. At the law firm of Friedman, Hirschen & Miller, L.L.P., we can answer those questions for you and help you through the recovery process. Our personal injury attorneys have the experience and legal knowledge to protect your rights. Contact one of our lawyers by e-mail or by calling us in Albany at 518-631-4136 or toll free at 888-432-8814.
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Friedman, Hirschen & Miller, L.L.P. is a personal injury law firm located in Albany, New York. Our firm serves the surrounding communities of New York state, including Albany, Schenectady, Troy, Saratoga Springs, Rochester, Syracuse, Utica, Warren County, Fulton County, Greene County, Rensselaer County, Essex County, Clinton County, Ulster County and Orange County.
At the law firm of Friedman, Hirschen & Miller, L.L.P., our experienced attorneys provide injured victims and their families with personal injury representation. We help our clients find the recovery that they need to get their lives back on track.
Auto Accident Injuries and Compensation
An individual who has been injured in an automobile accident may be able to seek monetary compensation for injuries and damages. Cases are fact specific, typically with complex issues of proof and fault in dispute. Working with an experienced attorney from Friedman Hirschen and Miller, L.L.P. in Albany, New York, will help you sort out your legal options.
Compensation for Your Losses
The injured party in a motor vehicle accident may be able to recover damages from the party or parties who caused the accident. Damages are monetary compensation for the victim’s injuries or losses. Compensable injuries include physical injuries like broken bones, spinal cord injuries and head injuries; the pain and suffering caused by physical injuries may also be compensable.
Damages may also be sought to pay for the victim’s medical bills — bills that arose directly after the accident, in addition to reasonable future medical bills. If the victim requires rehabilitative services or accommodations, such as physical therapy or a ramp leading to the home, these costs may be recovered. The accident victim also may recover lost past and future wages. Compensation for damage to personal property may also be recoverable.
Other damages that are more difficult to quantify may also be sought. Mental pain and suffering may be compensable, as may permanent impairment or disfigurement. Loss of enjoyment of life is also compensable in certain situations.
If the injured person was already suffering from a previous injury, that does not necessarily bar monetary recovery. The accident may have aggravated or worsened the victim’s existing injury, and the new injury can be treated as a separate matter from the underlying injury.
If you have been injured in an auto accident, it is a good idea to keep a daily diary documenting how the injury is affecting you, both emotionally and physically. This can be of great assistance when it comes time to show the effects of the accident.
Spouse’s Damages: Loss of Consortium
Even if the spouse of the motor vehicle accident victim was not in the car at the time of the crash, the spouse may also be experiencing a loss. Almost every state recognizes the claim of loss of consortium. Loss of consortium refers to the negative effect the accident has had on the marital relationship. The marital relationship generally comes with certain benefits, such as companionship, comfort, assistance, sexual relations and affection; the loss of consortium can be temporary or permanent.
Auto Insurance
It is most often the case that auto accident victims who recover in court or via a settlement are paid by the other driver’s insurance company. If the other driver is uninsured or underinsured, however, the accident victim must pursue other means of recovery.
The insurance policy of the victim may have an uninsured-motorist or underinsured-motorist provision that will compensate the victim. Other types of insurance policies, available through the victim’s spouse or employer, may also provide benefits. How significant a benefit and whether it is available depends, of course, on the specifics of the policy itself.
Amount of Financial Recovery
The level of damages to which the auto accident victim may be entitled depends on numerous factors. State law, the victim’s injuries, proving the facts of the case and even the victim’s own actions can come into play. So can the type and length of medical treatment, the insurance coverage of each party, the effect of the accident on the victim’s income and the permanence of the injuries. This is why an experienced attorney can be such a strong ally in planning the case and assessing damages.
Contact an Attorney
A motor vehicle accident can have catastrophic consequences, both for the victim and the victim’s family. Contact an attorney at Friedman Hirschen and Miller, L.L.P. in Albany, New York, to discuss your legal options.
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