Do you have injuries and unpaid bills from a car accident in Orange County, NY? You may be eligible to pursue compensation from an at-fault driver who caused your injuries, even in a no-fault state like New York. Over more than three decades, founding attorney Michael LoGiudice has recovered millions of dollars for accident victims. From hospital bills to disability, our legal team can determine if your case reaches a legal threshold for which you can seek money from those responsible. Trying to deal with an insurance company while you’re in pain is a nearly insurmountable task. Contact Michael LoGiudice, LLP, to learn about your legal options after an Orange County car accident. Call today for a free consultation.
Common Causes of Car Accidents in Orange County, NY
According to the New York State Department of Health (NYSDOH), hundreds of Orange County residents suffer injuries each month due to traffic-related crashes:
- 341 receive treatment in an emergency department (ED)
- 28 require hospitalization
- 3 lose their lives
Most of these car accidents happen because someone made a dangerous mistake on the road. Here are some of the top causes:
- Impaired driving from alcohol or drugs
- Distracted driving
- Drowsy driving or falling asleep at the wheel
- Speeding
- Reckless driving
- Aggressive driving or road rage
- Failing to yield
- Defective vehicle parts
Injuries After a Car Crash
Even a low-speed crash can cause extensive injuries. Crash injuries can range from mild to life-altering, with these as the most common:
- Traumatic Brain Injuries (TBI) – According to the NYSDOH, over 30 percent of hospitalized car accident victims have a TBI. Brain injuries can result in permanent damage and cognitive and physical impairment.
- Whiplash – Whiplash is a common soft tissue injury after a crash. It is caused by the violent back-and-forth motion during impact.
- Back Injuries – Herniated discs are common back injuries resulting from car crashes.
- Broken Bones – Many car accident victims suffer from fractures, with more serious breaks requiring surgery and extensive recovery.
- Spinal Cord Damage – Any impact to the spinal cord may lead to temporary or permanent paralysis, either partial or total.
- Internal Bleeding – Accidents that penetrate into internal organs can lead to damage or death.
Insurance Companies and New York State’s No-Fault Insurance Law
New York’s no-fault insurance law helps car accident victims get essential benefits quickly, without needing to prove who caused the crash.
Under New York’s no-fault system, your policy typically provides:
- Up to $50,000 in medical expenses related to the accident
- Lost wages, covering 80 percent of your income, up to $2,000 per month
- Transportation costs to and from medical appointments
- Replacement services, such as help with household or childcare tasks you can’t perform due to your injuries
The Serious Injury Threshold Under New York Law
No-fault insurance has limits. It only applies to certain types of losses and places restrictions on your ability to sue the at-fault driver unless your injuries meet the state’s “serious injury” threshold.
If your injuries are more severe and your losses go beyond what no-fault insurance covers, you may have the right to file a personal injury lawsuit and pursue additional compensation from the at-fault party.
To step outside the no-fault system and file a lawsuit, your injury must qualify as “serious” under New York Insurance Law, which defines a serious injury as one that involves:
- Broken Bone – A serious injury may include a fractured wrist, broken arm, or broken leg resulting from the impact of the crash.
- Disability – A qualifying disability involves accident-related injuries, such as back or neck damage, that prevent you from working or performing daily tasks for at least 90 days within the first 180 days after the crash.
- Permanent Limitation of a Body Part or Organ – A permanent limitation may involve reduced shoulder mobility or lasting lung damage that interferes with work or normal daily activities.
- Disfigurement or Scarring – A serious injury may include deep lacerations or burns that result in visible, long-term scarring or changes to appearance.
- Death – A wrongful death claim may arise when a loved one dies from crash-related injuries and surviving family members seek compensation on their behalf.
Time Limits to File a Claim
New York law gives most car accident victims three years from the date of the crash to file a personal injury lawsuit, but two years to file a wrongful death claim. If you miss these deadlines, you forfeit your right to seek compensation.
Damages You Could Recover
If your injuries and losses qualify under state law, you may be entitled to compensation for your losses, such as:
- Current and future medical bills
- Rehabilitation or skilled nursing
- Lost wages and reduced earning ability
- Pain and suffering
- Emotional distress
How Michael LoGuidice, LLP, Can Help You Fight for Compensation
Car accidents that lead to extensive injuries or loss of life quickly become complicated legal matters. The insurance company has a team of attorneys to downplay your injuries or deny your claim. You need an experienced car accident attorney to protect your rights and interests. As an experienced car accident attorney in Orange County, NY, Michael LoGiudice, LLP can:
- Gather evidence, medical records, and witness statements
- Consult with subject matter experts and accident reconstructionists
- Identify the responsible party
- Calculate the full value of your claim
- Negotiate for a fair settlement
- Take your case to court if necessary
Speak with an Orange County, NY, Car Accident Lawyer Today
If you’ve suffered injuries in a car crash in Orange County, NY, attorney Michael LoGiudice, LLP can help you understand your options, deal with the insurance company, and fight for the compensation you deserve. Our legal team has recovered millions for accident victims like you, and we’re ready to listen to your story. Contact Michael LoGiudice, LLP, today for a free consultation.