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Grupo MedLegal® > Blog > New York > How to Obtain Compensation for Car Accidents in New York

How to Obtain Compensation for Car Accidents in New York

In New York State and mainly in the cosmopolitan and over-populated city of Manhattan, including nearby counties such as Bronx, Harlem, Brooklyn, and Queens; traffic accidents are reported every ten minutes or less. Fortunately, many are minor with few repercussions. However, when a serious accident occurs, certain measures must be taken to ensure safety and wellbeing. Grupo MedLegal’s doctors and accident lawyers can help you in this difficult situation.

Steps to Take Immediately after an Accident

There are some basic recommendations that should be followed after an accident, if you or someone with you are physical conditions to act. For example, you shouldn’t get out to examine the car until you are sure that you are not in any more danger. It’s best to not talk with the person responsible for the accident. You should seek medical assistance as soon as you need it, because your situation may become worse. Take pictures of the accident, but do not exchange them with anyone until you have consulted a lawyer.

Monetary Compensation in New York

The fact that you have suffered a car accident in New York does not guarantee that you will get money back automatically. There is a series of requirements to fulfill before being remunerated. United States courts, and more importantly, New York’s, have a large volume of cases and not enough financial resources to process them. Courts have certain laws and incentives that help to minimize the active case volume of the court. Judges always motivate and encourage the contending parties to arrive at a friendly agreement outside of court. Legally, the state has passed the “no-fault” law in which litigants must fulfill certain requirements before establishing a civil action suit in court.

Requirements that Must Be Fulfilled

The petitioner must have suffered a severe injury. The definition of a severe injury is:

  1. The injury has resulted in death or disfigurement.
  2. The petitioner has suffered a fracture.
  3. The petitioner has suffered pregnancy loss.
  4. The petitioner has lost the use of an organ, member, or body function.
  5. The injury has resulted in a significant permanent limitation.
  6. The doctor determines that the petitioner has suffered an injury or temporary disability that hinders him or her from doing most of the activities that a person does every day. This temporary impediment must be for a period of no less than 90 days within the first 6 months after an accident occurs.

Most people qualify or meet the requirements of this law based on the impediment of 90 days or more of temporary disability. In this case, the law allows you to get back remuneration in one or more of these categories:

  1. Mental distress
  2. Future medical expenses
  3. Expenses incurred from hiring help with housekeeping
  4. Loss of consortium
  5. Inability to enjoy life
  6. Loss of ability to generate income

Pain and suffering

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