There are many types of damages an injured person may claim following a Buffalo personal injury accident involving a motor vehicle.
Because what damages are available may depend on a number of factors, an injured person should speak with an experienced personal injury lawyer who is familiar with the specific circumstances of his or her case when deciding what damages to claim.
The following are some of the most common types of damages.
A person injured in a motor vehicle accident can always pursue damages for pain and suffering.
This includes both mental and physical distress.
In New York motor vehicle accidents, there is technically no limit on the amount that may be recovered for pain and suffering, although the amount available will usually be limited by the amount of auto insurance coverage.
To collect damages for pain and suffering, an injured party must prove that he or she suffered a serious injury under New York State law.
While a person injured in a car accident may also bring a claim for economic losses – such as medical expenses, lost wages from being unable to work, and the cost of having to hire someone to help around the house – New York State law does not allow a person injured in a car accident to recover these expenses unless they exceed a total of $50,000.
This is because the first $50,000 in such losses is typically paid by the injured person’s own auto insurance following a motor vehicle accident, and for which the injured person cannot be reimbursed because they were covered by other auto insurance.
If you have been injured in a car accident, it helps to have an experienced personal injury attorney who can help you understand the damages available to you. Call us at 716-631-9999.
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