How Can You Recover Lost Wages After a Car Accident?

Recovering your lost wages after a car accident can be essential to paying your bills, rent, and daily living expenses. While it can often take many months to resolve a personal injury lawsuit, you may be eligible to file for no-fault benefits to recover a portion of your lost earnings as your case is ongoing. Under New York’s no-fault law, the applicable insurance company will pay up to $2,000 or 80% of your lost earnings a month (whichever is less) for up to three years after a car accident or until the policy limit has been reached. 

If you suffered what New York Insurance Law defines as a severe injury, you may be entitled to recover compensation beyond what no-fault insurance provides by filing a personal injury lawsuit. If you meet the statutory criteria and can prove that another’s negligence caused your damages, you may be able to receive monetary recovery for your economic and non-economic damages — including the full extent of your lost wages.

What Does an Award of Lost Wages Cover?

Lost wages refer to the income you would have earned if not for your motor vehicle accident-related injuries. This broad category can cover a wide range of economic damages due to your being out of work after a car crash. Whether you have had to take time off for a few weeks or several months, you may be entitled to recover the following compensation: 

• Wages from your employment 
• Bonuses
• Overtime pay
• Self-employment income
• Loss of employment benefits
• Future lost earnings

In the event your accident-related injuries have resulted in a disability that prevents you from working — or earning as much as you previously did — you might also be entitled to recover for your loss of earning capacity. These damages may be available if your ability to earn income is reduced or impaired due to an injury caused by the crash that limits your ability to be gainfully employed. 

How Can You Prove Your Lost Wages?

Many factors can influence the compensation you might receive for lost wages. It’s crucial to keep documentation regarding your time off from work to calculate your lost wages — your paystubs, W-2s, 1099s, tax returns, and other documents can be critical evidence to help prove your earnings. It may also be helpful to obtain documentation from your employer that specifies information regarding your benefits, bonuses, and other compensation.

Proving loss or diminished earning capacity can be challenging and often requires more than proof of past income to demonstrate anticipated future income. In such cases, expert testimony may be needed to establish the extent of your injuries and expected financial losses. For instance, vocational specialists, medical professionals, and economists may help to establish what you could have reasonably expected to earn in the future. Non-expert testimony from an employer or supervisor who can speak about your professional opportunities, work history, and job performance can also be vital when it comes to proving future lost wages.         

Contact an Experienced New York Personal Injury Attorney

If you suffered serious injuries in a car accident caused by someone else’s negligence, you may be entitled to pursue a personal injury lawsuit to recover your lost wages and other damages. An experienced personal injury attorney can best advise you regarding your rights and fight for the maximum monetary recovery you deserve. The Dearie Law Firm, P.C. has represented car accident victims for over three decades and provides knowledgeable representation to secure the best possible results in each unique case. Contact us today for a consultation.  

The post Can You Recover Lost Wages If You Were in a Car Accident? appeared first on The Dearie Law Firm, P.C..

Common Tailgating Accident Injuries

When a driver follows too closely to the vehicle in front of them and fails to stop in time, the crash’s impact can cause a wide range of injuries. In a rear-end collision, the driver or passenger’s body in the front vehicle can be violently pushed forward while their head snaps backward. In addition to the airbag imploding, they may strike the dashboard or steering wheel. This can result in many injuries to the head, neck, spine, and other body parts. 

The injuries that can arise in a tailgating accident can include the following:      

• Whiplash
• Soft tissue injuries
• Broken bones
• Fractures
• Lacerations
• Back injuries
• Traumatic brain injury
• Spinal cord damage
• Crush injuries
• Paralysis
• Fatality

Generally, negligence must be demonstrated for a tailgating accident victim to prevail in a personal injury action. However, since it is a violation of New York Vehicle and Traffic Law (VTL), tailgating constitutes “negligence per se.” This means that a victim would only need to show that a statutory violation occurred to establish the defendant’s negligence.  

If you were in a tailgating accident, seeking medical help is crucial. Even if you don’t think you were injured during the collision, some injuries do not appear until days or weeks later. By getting the prompt medical assistance you need, a doctor can rule out any internal injuries and prescribe a treatment plan to prevent any injuries from worsening. Obtaining medical care right away can also help to strengthen any personal injury claim you might later file.

Suing for a Tailgating Accident Injury

A tailgating car accident can result in severe injuries that require extensive medical treatment and time out of work. If you suffered what New York Insurance law defines as a serious injury in a car accident caused by another driver’s tailgating, you may be entitled to recover your damages in a personal injury action. Recoverable damages can include both the economic and non-economic losses you sustained in connection with the crash.

Economic damages are meant to cover the monetary losses you sustained in connection with your tailgating accident. These can include things like unreimbursed medical expenses, lost wages, future lost earnings, and out-of-pocket costs. Non-economic damages relate to the non-pecuniary losses you experienced. This category of damages includes intangible damages like pain and suffering, loss of enjoyment of life, mental anguish, disfigurement, disability, and loss of consortium. 

If it can be established that the defendant’s conduct was intentional, malicious, or extremely reckless, punitive damages may be available. These damages are meant to punish a defendant for their wrongdoing and deter others from engaging in similar conduct rather than compensate a victim.                             

Contact an Experienced New York Personal Injury Attorney

If you suffered severe injuries in a tailgating car accident, you may be entitled to pursue a personal injury lawsuit to recover your damages. An experienced personal injury attorney can advocate on your behalf and fight for the maximum monetary recovery you deserve. The Dearie Law Firm, P.C. has represented car accident victims for over three decades and provides reliable representation to secure the best possible results in each unique case. Contact us today for a consultation.     

The post Car Accidents Caused by Tailgating appeared first on The Dearie Law Firm, P.C..

Who’s to Blame for a Blind Spot Accident?

All drivers have a duty to observe what is around them on the road. Before a driver changes lanes or merges, they must check their mirrors and look over their shoulder to make sure no one is in their blind spot. A driver also has blind spots in the rear of their vehicle. While backup cameras can sometimes be helpful to reduce blind spots, it doesn’t eliminate them — a driver has a legal obligation to check their surroundings when backing up.   

In addition to driver inattention, blind spot collisions can happen for a wide variety of reasons. Significantly, blind spot accidents commonly arise when a driver is:

• Operating a vehicle while fatigued
• Driving under the influence
• Accelerating out of an intersection
• Making a right turn 
• Merging into traffic
• Making a lane change without observing
• Backing up the vehicle

Trucks, buses, vans, and SUVs typically have larger blind spots than passenger cars. But regardless of how large a vehicle’s blind spot is, a driver may still be held accountable for any injuries they caused to another due to failing to ensure the path was clear before maneuvering. 

Compensation for Blind Spot Accidents

Failure to observe another vehicle in a blind spot can lead to many types of car accidents, including rear-end collisions, side-swipe accidents, front-to-rear collisions, and others. Blind spot accidents often involve motorcyclists, pedestrians, and the occupants of small cars — and a victim can sustain serious and debilitating injuries that can impact their daily life and livelihood. Such injuries may require extensive medical treatment and result in time lost from work. The injuries caused by these accidents can also cause a victim to incur substantial out-of-pocket expenses and suffer significant physical and emotional pain.

No-fault benefits may cover up to $50,000 in medical expenses and a portion of a victim’s lost wages, regardless of who is at fault for a blind spot accident. However, if another party’s negligence caused the collision and a victim suffered a “serious injury,” they may be able to file a personal injury action to recover the full extent of their economic and non-economic losses. 

Compensation for economic damages in a personal injury lawsuit can include unreimbursed medical expenses and lost wages, future lost earnings, out-of-pocket costs, future medical expenses, and replacement services loss. Non-economic damages, also referred to as “pain and suffering,” are meant to compensate a victim for the loss of enjoyment of life, physical pain, and mental anguish a victim suffered due to the negligence of the responsible party.    

Contact an Experienced New York Personal Injury Attorney

If you were injured in a blind spot accident caused by another driver’s negligence, you may be entitled to compensation for your economic and non-economic losses. An experienced personal injury attorney can fight for your rights and obtain the monetary recovery you deserve. The Dearie Law Firm, P.C. has represented victims of motor vehicle accidents for over three decades and works to secure the best possible outcome in each of their unique cases.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, the Bronx, and Brooklyn, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

The post Determining Liability in a Blind Spot Collision appeared first on The Dearie Law Firm, P.C..

What Is an Expert Witness?

An expert witness is an individual with extensive knowledge, experience, and qualifications in a particular field. Their background allows them to provide crucial consulting to an attorney in a personal injury case as well as expert testimony in the courtroom. They are not an advocate for either side, although they might be hired and paid by one. 

To be qualified, an expert witness in a personal injury case must have obtained specialized knowledge through education and training. For instance, many have PhDs and an extensive list of publications to their name. Other expert witnesses may have practical experience, such as a law enforcement background. Typically, a judge has the discretion as to whether to allow an expert witness to testify.    

Types of Expert Witnesses in Car Accident Cases

An expert witness is not to be confused with an eyewitness who observed the moment the accident occurred. Rather, an expert witness is brought into a case to explain highly technical matters in a way the fact finder and jury in the courtroom can understand. They often bring greater credibility to a claim by demonstrating their expertise in a specific area. While they may not be necessary in a case where liability is clear-cut, expert witnesses can be particularly beneficial in car accident cases that are more complex — or when liability is in dispute. 

There are several different types of expert witnesses that are regularly used in car accident cases, including the following:

• Consulting experts — A consulting expert can assist a personal injury attorney during the preparation of the car accident case by helping to develop a trial strategy and provide information regarding medical or technical topics.  
• Testifying experts — These types of experts are called as witnesses at trial to explain complex subjects to the jury.   
• Accident reconstruction experts — An accident reconstruction expert analyzes the factors that caused the collision and may write a report or make a 3-D model showing how the accident occurred.
• Financial specialists — If a claim involves ongoing economic damages or substantial non-economic damages, certain types of expert witnesses can help to put a value on these losses.
• Vocational experts — These experts can testify regarding the job duties you are able to perform in the event your car accident-related injuries limit the type of work you can do. They can also provide testimony explaining why you can no longer engage in your employment at all if you are permanently disabled.

Both sides in a personal injury lawsuit for a car accident are permitted to use expert witnesses. Often, if the plaintiff uses an expert witness, the defense will bring in their own to rebut the testimony.  

Contact an Experienced New York Personal Injury Attorney

If you were injured in a car accident caused by someone else’s negligence, it’s essential to have a skilled personal injury attorney by your side to pursue the compensation you deserve. The attorneys at the Dearie Law Firm, P.C. are committed to advocating for the rights of car accident victims, and we fight to secure the maximum recovery available in each client’s unique case.     The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.  

The post What Types of Expert Witnesses Are Used in Car Accident Cases? appeared first on The Dearie Law Firm, P.C..

Economic Damages

If you were in a car crash caused by a drunk driver, you may have suffered severe injuries. If you sustained what New York Insurance Law defines as a “serious injury,” you may be able to recover compensation above the no-fault threshold. Recoverable economic damages in a drunk driving accident can include the following:

• Past medical bills — Victims of drunk driving accidents often require extensive medical treatment, surgery, physical rehabilitation, and long-term care. Unreimbursed medical costs may be compensated as part of an economic damages award.  
• Future medical expenses — In many cases, a victim who was injured in a car crash might need costly ongoing medical care, future surgeries, assistive medical equipment, and future treatment.  
• Out-of-pocket costs — Reasonable and necessary out-of-pocket expenses for things like prescriptions, medication, transportation to medical appointments, and the cost of medical equipment may be recovered in a personal injury lawsuit.
• Lost wages — A victim of a drunk driving accident may lose a significant amount of time from work while they are recovering from their injuries. Although no-fault insurance provides up to a certain amount of lost wages, it usually doesn’t cover the full extent of a victim’s losses. Lost wages that were not covered by no-fault may be obtained by filing a personal injury action.
• Future lost earnings — In many cases, a drunk driving crash may result in injuries that reduce the victim’s ability to be employed or earn a living. The future income the victim would have earned, prior to the accident, may be awarded.

Additionally, the damage to a victim’s vehicle may be considerable after a drunk driving accident. In some cases, it might even be destroyed. You may be able to recover the costs associated with repairing or replacing it. 

Non-Economic Damages

Non-economic damages often comprise the largest portion of recovery in a personal injury action. Where economic damages are easily calculated, non-economic damages are not pecuniary in nature — and they can be much more difficult to quantify. This category of damages allows a victim to recover monetary compensation for the physical pain and mental suffering they experienced due to the drunk driving accident-related injuries.  

An award of non-economic damages considers the day-to-day impact of a victim’s accident-related injuries on their life. It covers a broad spectrum of non-monetary losses, including loss of enjoyment of life, disfigurement, embarrassment, mental anguish, inconvenience, and loss of consortium. A court might consider various factors in determining an appropriate award, including the restrictions and limitations suffered by a victim, how the injury affects their relationship with loved ones, and the victim’s ability to sleep.

Punitive Damages 

Under New York law, punitive damages are available in limited cases where the defendant’s conduct was particularly reckless or egregious, such as when a driver operates a vehicle while intoxicated. This category of damages is not to compensate the victim for the harm they suffered, but rather it is meant to punish the defendant and deter others from engaging in similar conduct. 

Punitive damages are not available by settling a case with the insurance company — they can only be obtained when a case is brought to trial. To be awarded punitive damages, a plaintiff must demonstrate to the jury that the defendant’s conduct was “willful and wanton,” and they displayed a disregard for the safety of others. While punitive damages can be challenging to obtain in other types of personal injury actions, victims of drunk driving accidents usually have a strong claim for them.

Contact an Experienced New York Personal Injury Attorney

If you were injured in a drunk driving accident, it’s important to have a skilled personal injury attorney by your side to pursue the compensation you deserve. The attorneys at the Dearie Law Firm, P.C. are committed to advocating for the rights of victims injured by another’s negligence or recklessness and we fight to secure the maximum recovery available in each client’s unique case.    

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.  

The post What Damages Can You Recover If You Were Injured by a Drunk Driver? appeared first on The Dearie Law Firm, P.C..

Causes of Accidents in Parking Garages

Whether the incident occurs when you’re on foot or you’re in a vehicle, there are many factors that can contribute to a parking garage accident. Since parking garages are often compact and can be challenging to navigate, they present unique hazards for both pedestrians and drivers. Although there might be less vehicle traffic than in an outdoor parking lot, there can still be many people who are walking through these structures.  

Specifically, some common causes of accidents in parking garages can include the following: 

• Poor lighting — Poor lighting conditions can lead to visibility issues for drivers, resulting in a collision. In addition, pedestrians might not be able to see certain hazards on the ground, which can lead to trips, slips, and falls. 
• Potholes and depressions — Defects on ramps or in the parking areas can cause a driver to lose control of their vehicle. They can also cause pedestrians to trip and sustain serious injuries as a result of the fall. 
• Lack of maintenance — Improperly maintained parking garages can be hazardous to both drivers and pedestrians alike. Cracks in the pavement, uneven surfaces, and other unsafe conditions can cause an array of accidents. 
• Driver distraction or inattention — Texting, cell phone use, and other forms of driver distraction are some of the most common causes of car crashes and pedestrian accidents both on the roadways and in parking areas.
• Driver recklessness — Driving recklessly is dangerous in any location, but it can be particularly dangerous in a confined area such as a parking garage.    

Depending upon the cause of the car accident, there may be multiple parties who can be held liable for any resulting injuries. For instance, another motorist may be responsible if their negligent driving behaviors led to the accident. The parking garage owner or maintenance company might be accountable if the accident arose due to a defect that should have been repaired. Or, the company that created the structure’s design might be liable if the accident was caused by confusing signage or failure to adhere to the applicable safety codes. 

Compensation for Parking Garage Accidents

If you were hurt as a pedestrian in a parking garage or suffered a serious injury in your vehicle as a result of another driver’s negligence, you might require extensive medical treatment and lose time from work. In some cases, parking garage accidents can also lead to debilitation, and lifelong disability — preventing you from participating in the activities you once enjoyed. In the event you were injured due to someone else’s carelessness or recklessness, you may be entitled to compensation. 

By filing a personal injury lawsuit, you may be able to recover your monetary losses — including medical expenses, lost wages, and out-of-pocket costs. You might also be eligible to receive monetary recovery for the pain and suffering you experienced as a result of your accident-related injuries. But it’s important not to delay filing your claim — New York has a strict three-year statute of limitations that applies in personal injury actions, and there are even shorter ones if a municipality is named in the action. If a city, town, or village parking garage is a defendant in the lawsuit, a Notice of Claim must be filed within 90 days of the accident, and the action must be commenced within one year and ninety days.

Contact an Experienced New York Personal Injury Attorney

If you were injured in a parking garage accident, it’s essential to consult with an experienced personal injury attorney. At The Dearie Law Firm, P.C., we are committed to fighting for the rights of accident victims and work to ensure clients receive the maximum compensation they deserve.  The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a free consultation.

The post Accidents and Injuries in Parking Garages appeared first on The Dearie Law Firm, P.C..

Liability for Car Accidents on Black Ice

Car accidents that occur in connection with black ice often involve multiple vehicles and can result in serious injuries. Driving over a patch of black ice can cause a driver to lose control of their car and strike another or the guardrail. Critically, every driver has a duty to exercise due care on the road — and they should take additional precautions in icy or snowy weather. 

Black ice accidents usually arise when a driver is doing one of the following:

• Speeding
• Driving under the influence
• Driving while drowsy
• Following too closely
• Texting while driving
• Changing lanes unsafely
• Stopping short

If any of the above circumstances caused your injuries, a driver might be held liable for negligence. However, there may also be additional factors that determine liability. For example, a municipality may be named in a lawsuit if its failure to take reasonable steps to maintain the roadway contributed to the accident. If a municipality has notice of a defect in the roadway that could give rise to a dangerous condition, it may be possible to hold them accountable for a crash. In the event of a multiple-vehicle pileup, one or more parties may share responsibility.

Even if you were partly at fault for the accident, you might still be entitled to recover compensation. Under New York’s comparative negligence rule, a victim may obtain monetary recovery for their injuries in a personal injury action if they were partly to blame for the accident — minus their percentage of fault.

Compensation for Car Accidents Caused by Black Ice

Injuries incurred in a car accident caused by black ice can be severe, life-changing, and debilitating. If you suffered injuries in a car accident caused by black ice, no-fault insurance will usually pay up to $50,000 in medical costs and a portion of your lost wages. However, if you sustained what New York law defines as a “serious injury,” you may be entitled to pursue a personal injury lawsuit against the negligent party to recover compensation in excess of that amount — and also for your pain and suffering.  

By filing a personal injury action, you may be entitled to recover your lost wages, medical costs, and out-of-pocket expenses incurred due to the accident. You may also be eligible to receive compensation for your non-economic damages. Also referred to as “pain and suffering,” these damages typically comprise the largest portion of a personal injury lawsuit and are meant to compensate for the emotional anguish and physical pain you suffered due to your injuries.

Contact an Experienced New York Personal Injury Attorney

If you sustained injuries in a car accident caused by black ice, you might be entitled to compensation by filing a personal injury action. However, these lawsuits can be complex, and it’s critical to have a skilled personal injury attorney by your side who can help you obtain the monetary recovery you deserve. The attorneys at the Dearie Law Firm, P.C. are committed to fighting for the rights of car accident victims and aggressively pursue the maximum compensation they deserve.       
The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

The post Who’s at Fault for a Car Accident Caused by Black Ice? appeared first on The Dearie Law Firm, P.C..

It’s important to remember that if you were injured in a car crash due to someone else’s carelessness, recklessness, or negligence, you might be able to pursue compensation by filing a personal injury action. The following are some of the most common causes of car accidents in autumn:                                              

Drunk Driving

Between Halloween, Thanksgiving, and holiday season celebrations, many people find fall to be a great time to reconnect with friends and family. Often, alcoholic beverages may be part of these festivities — and when drivers get behind the wheel after having had too much to drink, the risk of an accident increases substantially. In addition to facing criminal charges if they are caught driving while impaired by alcohol, a drunk driver can also be held civilly liable for any serious injuries sustained by another in a car crash caused by their negligence.                                            

Distracted Driving

There are many reasons a driver might be distracted while operating a vehicle in the autumn months. Whether they are looking at the fall foliage, holiday decorations on display, or other scenery, when a driver takes their eyes off the road for even just a moment, a crash can occur. Distracted driving is a frequent cause of car accidents in the fall — and a common form of negligence giving rise to personal injury actions.               

Road Conditions

Unsafe road conditions are prevalent in autumn and can be a contributing factor leading to accidents. From leaves covering potholes to fog and rain obstructing a driver’s view, drivers must exercise more caution on the roads when the temperatures drop. While no one can be held liable for the fall weather, a municipality may be responsible for injuries caused by defects or hazards in the road if they had prior notice of the condition. A city might not be able to incur liability for falling leaves, but it may be found negligent if it failed to repair the depression that led to the accident in a timely manner.   

Drowsy Driving

As the days get shorter, people can feel more tired than usual — and drowsiness can increase around Daylight Savings time. Also referred to as “fatigued driving,” drowsy driving can be just as dangerous as drunk driving. Lack of sleep can affect a driver’s ability to stay focused on the road, and it can slow reaction time. In the event you were hurt in a car crash due to someone else’s drowsy driving, you may be entitled to recover your damages in a personal injury lawsuit.              

Contact an Experienced New York Personal Injury Attorney

If you’ve been in an autumn car accident caused by someone else’s carelessness, recklessness, or negligence, a skilled personal injury attorney can help to obtain the compensation you deserve. The attorneys at the Dearie Law Firm, P.C. are aggressive negotiators and knowledgeable litigators who are committed to ensuring every client secures the monetary recovery to which they are entitled for their injuries.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation. 

The post Common Causes of Car Accidents in Autumn appeared first on The Dearie Law Firm, P.C..

Common Types of Accidents Involving Multiple Parties

Thousands of car accidents occur each month in New York. While this is due in part to crowded roadways and dangerous intersections, car crashes are also caused by driver negligence, recklessness, and carelessness. For instance, a motor vehicle operator might have been fatigued, distracted, impaired, or inattentive. All of these factors can lead to dangerous situations that cause serious accidents and resulting injuries.                

There are several types of motor vehicle accidents that commonly involve multiple vehicles, including the following:

• Rear-end collisions 
• Chain reaction accidents
• Intersection crashes
• Head-on collisions
• Unsafe lane change accidents

In a multi-vehicle accident, a vehicle can be struck more than once, increasing the risk of severe injury or fatality. Drivers and passengers can sustain a wide range of injuries in a car crash involving more than one vehicle, such as broken bones, brain damage, disfigurement, soft tissue damage, permanent disability, paralysis, and nerve damage. They may also suffer emotional trauma and mental anguish. In New York, an accident victim may be eligible to recover both their economic and non-economic damages by filing a personal injury action.         

Understanding Joint and Several Liability

When more than one party is identified as a defendant in a case, the rule of joint and several liability applies. This doctrine allows a plaintiff to hold each of them individually accountable for the full amount of the damages incurred in the accident — regardless of the degree of fault. In other words, the victim may be able to collect their judgment from any party in the action who was determined liable, or from all of the liable parties in different amounts. 

Under the rule of joint and several liability, a defendant may be only one percent at fault for a victim’s injuries — but they can still be forced to pay the entire judgment if the other defendants do not have the funds to do so. Critically, if a defendant is less than 50% at fault for the accident, their liability for non-economic damages will be capped per their share of fault.  

Recoverable Damages in a Multi-Vehicle Car Crash

If you were injured in a multi-vehicle car accident, no-fault insurance may cover up to $50,000 of your medical expenses and a portion of your lost wages. However, since these accidents usually involve serious injuries, the monetary damages usually exceed the amount of recovery provided through no-fault. In such cases, a victim may be eligible to pursue their economic and non-economic damages by commencing a personal injury lawsuit against the negligent parties.

Economic damages in a personal injury lawsuit are meant to compensate a victim for the monetary losses they suffered in connection with the accident, including their unreimbursed medical expenses, out-of-pocket costs, and lost wages. Non-economic damages compensate a victim for the pain and suffering and loss of enjoyment of life they experienced as a result of their accident-related injuries.                     

Contact an Experienced New York Personal Injury Attorney

Multi-vehicle car accidents can be complex. If you have been injured in a car crash involving more than one vehicle, it’s crucial to have an experienced personal injury attorney by your side to ensure the responsible parties are held accountable. The Dearie Law Firm, P.C. has been providing skilled representation to car accident victims in New York for more than 30 years. We have an established history of obtaining favorable outcomes in clients’ cases. 

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

The post Can Multiple Parties Be Responsible for a Car Accident? appeared first on The Dearie Law Firm, P.C..

Liability for Pothole Car Accidents in New York City

While potholes may seem like common occurrences in New York City, they are typically in areas with poor drainage and heavy traffic conditions. When these locations are not properly maintained, the resulting depressions can lead to traffic accidents. But it’s crucial to understand that the City isn’t automatically liable for every pothole accident caused by failure to properly maintain the roadway — it must have had prior written notice of the defect.                                                              

Specifically, under Section 7-201(c)(2) of the Administrative Code of New York City, the City may be held legally liable for a pothole accident if the following criteria are met:

• The City received written notice of the hazardous condition
• An injury was caused by the dangerous condition
• The City failed to remedy the condition within 15 days of written acknowledgement

The notice requirement is key to establishing the City’s liability in a personal injury lawsuit. However, if it can be shown that the City created the defect due to its own negligence, a pothole accident victim can still pursue a claim against the City.      

In some cases, there may be other parties who can also be held accountable for a pothole accident. For instance, if you experienced a tire blow out when you struck the pothole, the manufacturer may also bear some of the responsibility for any resulting injuries. Depending on the circumstances, other drivers on the road may also share blame for the accident.      

Recoverable Damages for Car Accidents Caused by Potholes

Car accident injuries caused by a pothole can range from mild to severe — while no-fault insurance may cover up to $50,000 of your medical bills and a portion of your lost wages, this may not cover the full extent of your damages. If you suffered what New York State defines as a “serious injury,” you may be entitled to pursue a personal injury action to recover your economic and non-economic damages.

An award of economic damages covers monetary losses such as unreimbursed medical bills, lost wages, lost future earnings, and out-of-pocket costs in connection with the accident. Non-economic damages refer to the impact the accident had on various aspects of your life. This category of damages covers losses that are not pecuniary in nature. Rather, non-economic damages compensate for the pain and suffering you experienced as a result of your injuries and the loss of enjoyment of life you were caused to suffer.         

Contact an Experienced New York Personal Injury Attorney

Commencing a lawsuit against the City of New York can be complex. There are various legal requirements that must be met and specific statutes of limitation of which to be aware. If you were in a car accident caused by a pothole, it’s essential to have a skilled personal injury attorney by your side who can assist you with recovering your losses. The personal injury attorneys at The Dearie Law Firm, P.C. have been representing car accident victims for more than 30 years. They are committed to securing the best possible results in every case.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

The post Can You Sue for Car Crash Injuries Caused by a Pothole in New York City? appeared first on The Dearie Law Firm, P.C..