Car accidents are unpredictable by nature. You could be driving down NY-324, traveling along Niagara Falls Boulevard, or navigating the streets near your home when a collision occurs.
If you get in a wreck that causes injuries, consult Campbell & Associates about your next steps. We’re committed to your recovery and can assist you in obtaining compensation for certain losses.
New York’s no-fault system can be confusing for injured drivers, especially those who are seriously hurt. Our experienced car accident lawyers serving North Tonawanda can demystify the relevant laws and explain your rights. We can also help you file a claim against the at-fault party for damages beyond your personal injury protection benefits.
The Empire State is one of a few states that require motorists to carry personal injury protection (PIP) if they drive a motor vehicle. These policies, sometimes called “no-fault” policies, provide benefits to the policyholder in the event of a crash, regardless of who’s at fault.
For example, imagine that you’re driving on I-290 when you collide with another car, suffering minor injuries in the process. Instead of suing or filing a claim against the other driver, you would instead file a claim using your PIP policy. Even if the crash is wholly your responsibility, your insurer is obligated to pay out your benefits.
No-fault policies can be highly beneficial for injured motorists. Since insurers can only deny claims for select reasons, you’ll typically receive your benefits quickly. This can help you address your medical bills and obtain the care you need to recover. You may also be able to secure a portion of your lost work wages through a no-fault claim.
Unfortunately, a bad enough car accident could cause injuries that come with costs that exceed your policy’s limits. Moreover, your no-fault policy won’t compensate you for pain and suffering, PTSD, or other non-economic harm you might suffer.
The bottom line is that if another person’s carelessness leaves you with severe injuries, your PIP policy won’t adequately compensate you. If you find yourself in this situation, the best course of action is to get in touch with a qualified attorney.
When you’re seriously injured, New York law permits you to bring a claim against the at-fault party and their insurer. A “serious injury” could be any of the following:
You should seek medical attention immediately after a car accident to ascertain the true extent of your injuries. Once you’ve done that, reach out to Campbell & Associates. We’ll review your medical records and other facts about your case and help you decide whether to pursue a claim against the driver responsible for the wreck.
Filing a lawsuit against another motorist for causing a car accident is more complicated than submitting a claim to your no-fault insurance company. Before you can receive compensation, you’ll need to establish four key elements:
As the injured party bringing the claim, you must prove each of these elements using evidence like photographs and witness testimony. The purpose of this evidence is to convince the court that these propositions are more likely true than not.
It takes more than words to satisfy the burden of proof. One of the many ways Campbell & Associates can help you after a car accident is by gathering the evidence and testimony necessary to substantiate your case. Our attorneys know how to present the facts persuasively in court and during settlement negotiations.
Every motorist owes other road users a duty of care. This duty requires them to operate their vehicle in a safe and reasonable manner. A driver who meets this standard fulfills their duty of care to others. One who doesn’t is said to be negligent.
The court must examine the special details of your accident to determine whether the party that struck you was driving negligently. Courts consider certain behaviors to be negligent, including:
Once again, it falls to you and your attorney in North Tonawanda to prove that the other driver was engaged in any of these behaviors. Fortunately, there are numerous ways you can support allegations of negligent driving, such as:
All of this might sound overwhelming, but there’s no need to worry. When you have an experienced car accident lawyer from Campbell & Associates on your side, you can trust them to discover and present the facts of your case accurately and to your advantage.
One of your largest expenses following an injury-causing accident will be your medical bills. A successful lawsuit will provide compensation for the bills you’ve already incurred, as well as those you’ll likely face in the future. You stand to receive compensation for physical therapy, additional surgeries, and home health assistance.
Beyond this, you can also seek payment for the following losses:
With every case we take on, we’re determined to meet our clients’ short- and long-term needs. Without adequate compensation, you might find it challenging to pay your medical bills and other expenses. As a result, you might be tempted to return to work too soon, forgo necessary treatments, or ignore your mental health.
Trust Campbell & Associates to help you obtain the financial resources you need to move on from your accident.
When you file a claim against a negligent driver, you and the other party may choose to settle the matter. To do so, you must agree on the amount of compensation you should receive for your losses. Once the other driver or their insurer pays that amount, your case ends.
A properly negotiated settlement agreement can provide you with much-needed financial support without having to go to trial or present evidence. However, once you accept the settlement amount, you lose your legal right to pursue additional compensation.
Our diligent attorneys will explore all avenues for recovering the compensation you deserve. Our car accident lawyers are seasoned negotiators and litigators. If a settlement is possible, we’ll work to secure the best possible terms for you. However, we’re not afraid to take your case to trial if it becomes necessary.
If you’ve been hurt in a car accident through no fault of your own, Campbell & Associates is ready to help you pursue maximum recovery.
Our talented team will inform you of your rights, address your questions and concerns, and work to build a strong case that demonstrates your need for compensation. Contact us today to schedule an initial consultation.