Car accidents can happen in the blink of an eye, leaving you with serious injuries that impact every part of your life. Whether you’re dealing with broken bones, whiplash, or more severe injuries like traumatic brain injuries (TBI) or spinal cord damage, the road to recovery can be long and challenging. On top of physical pain, the financial and emotional toll can be overwhelming. However, if someone else caused the accident, you have the right to pursue compensation. Understanding the process and knowing how to handle your claim can help you get the compensation you deserve. In this blog, we’ll explain everything you need to know about compensation for serious car accident injuries, from how to determine what you’re owed to the steps you need to take to get paid.
What Is Compensation for Serious Car Accident Injuries?
Compensation for serious car accident injuries refers to the money you can receive to cover the costs caused by the accident. These costs include medical bills, lost wages, pain and suffering, and other related expenses. If someone else’s actions or negligence caused the accident, compensation helps you recover financially and emotionally. It also holds the responsible party accountable for their actions.
In New York, you can file a claim through your insurance, the at-fault driver’s insurance, or even pursue a lawsuit if necessary. The goal of the compensation process is to help you pay for medical treatments, lost income, and the pain caused by the accident. While no amount of money can truly make up for the hardship you’ve endured, compensation can provide much-needed financial relief.
Types of Serious Car Accident Injuries
Car accidents can cause a wide range of injuries, some of which require long-term care and may result in permanent disabilities. These injuries vary in severity, and each type can affect your compensation. Here are some of the most common and severe injuries sustained in car accidents:
- Whiplash
Whiplash is one of the most common injuries people suffer from in rear-end collisions. It occurs when the head jerks violently forward and backward, causing strain on the neck muscles and ligaments. While some whiplash injuries heal on their own after a few weeks, others can last for months or even years. This injury can cause neck pain, stiffness, headaches, and limited mobility.
2. Broken Bones
Car accidents often result in broken bones due to the violent force of the collision. Fractures can occur in any part of the body, but they are especially common in the arms, legs, ribs, and pelvis. Depending on the severity, fractures may require surgery, a cast, and physical therapy. Some fractures can result in long-term complications or permanent disabilities.
- Traumatic Brain Injuries (TBI)
Traumatic brain injuries are among the most severe injuries in car accidents. They often occur when the head strikes an object, such as the steering wheel, dashboard, or window. TBI can cause a wide range of long-term issues, including memory loss, difficulty concentrating, mood changes, and paralysis. The severity of a TBI can vary, but even mild TBIs can lead to significant problems that affect your quality of life.
- Spinal Cord Injuries
A spinal cord injury (SCI) can result from a severe impact in a car accident. These injuries can lead to paralysis, either partial or complete, depending on where the injury occurs. If the spinal cord is damaged, it may affect the victim’s ability to move their limbs, breathe, or control bodily functions. SCI requires long-term care, rehabilitation, and possibly permanent assistance, making it one of the most devastating injuries in an accident.
- Internal Injuries
Internal injuries can be difficult to detect immediately after an accident. They occur when the force of the collision causes damage to internal organs, such as the lungs, liver, or kidneys. These injuries may not show symptoms right away, but they can be life-threatening if left untreated. Prompt medical attention is essential for anyone who suspects they have suffered internal injuries.
- Soft Tissue Injuries
Soft tissue injuries, like sprains and strains, affect the muscles, ligaments, and tendons. These injuries often occur when the body is forced into unnatural positions during a collision. While soft tissue injuries may not be as severe as fractures or brain injuries, they can still cause significant pain and require long-term rehabilitation.
Factors Affecting Your Compensation
Several factors can influence the amount of compensation you may receive after a car accident. The severity of your injuries and the impact on your life will play a major role. Let’s break down some of the key factors that determine how much compensation you can expect.
- Severity of the Injury
The severity of your injury plays a critical role in determining the compensation you receive. Severe injuries that result in permanent disability, long-term medical treatment, or significant emotional distress will generally lead to higher compensation. For example, traumatic brain injuries or spinal cord injuries often result in substantial compensation due to the ongoing care and loss of quality of life they cause. On the other hand, less severe injuries, like minor sprains or bruises, typically lead to lower compensation.
- Medical Expenses
Your medical expenses are a major component of your compensation. These expenses include hospital bills, surgeries, doctor visits, physical therapy, and medications. If your injury requires long-term care or future medical treatments, you can seek compensation for those future costs as well. The more extensive the medical treatment, the higher your compensation will be.
- Lost Wages
If your injuries prevent you from working, you can claim compensation for lost wages. This includes both the income you’ve already lost due to your injury and any future wages you may lose because of the accident. If the injury leads to a permanent disability that prevents you from returning to your previous job, your compensation will also include loss of future earning capacity.
- Pain and Suffering
Pain and suffering refers to the physical and emotional distress caused by your injury. This can include chronic pain, depression, anxiety, and the inability to enjoy life as you did before the accident. Unlike medical expenses, pain and suffering are difficult to quantify, but they are still an important part of your compensation claim. Your lawyer will help you determine a fair amount for pain and suffering based on the nature of your injury and its impact on your life.
- Fault and Liability
In New York, the amount of compensation you can receive depends largely on who is at fault for the accident. If the other driver was fully responsible, you can file a claim with their insurance company. However, if you are partially at fault for the accident, your compensation may be reduced. New York follows a comparative negligence rule, which means you can still recover compensation even if you share some responsibility. For example, if you were 20% at fault for the accident, your compensation could be reduced by 20%.
- Insurance Coverage
Insurance coverage plays a significant role in your compensation. In New York, the state follows a no-fault insurance system. This means that, regardless of who caused the accident, you can file a claim with your own insurance company for medical expenses and lost wages. However, if your injuries are serious enough to meet the state’s injury threshold, you may file a lawsuit against the at-fault driver’s insurance for additional damages.
The Compensation Process for Serious Car Accident Injuries
Navigating the process of seeking compensation for serious car accident injuries can be complex. It involves several steps, from getting medical treatment to negotiating with insurance companies. Here’s an overview of the process you’ll likely follow.
- Seek Immediate Medical Attention
The first and most important step after any car accident is to seek medical attention. Even if you feel fine, it’s essential to see a doctor. Many injuries, such as concussions or internal damage, may not show symptoms right away. Getting checked out by a healthcare professional ensures that any injuries are documented and treated promptly, which is vital for your compensation claim.
- Document the Accident Scene
The next step is to gather as much information as possible about the accident. Take photographs of the accident scene, including the damage to the vehicles, your injuries, and any visible road hazards. Get the contact information of any witnesses and make sure the police file a report. If you’re able to, write down everything you remember about the accident as soon as possible. The more information you can collect, the stronger your case will be.
- Contact an Experienced Car Accident Lawyer
After receiving medical attention, it’s time to reach out to an experienced personal injury attorney. A lawyer can help you navigate the complicated legal process and ensure that you take the right steps to protect your rights. They will investigate the accident, gather evidence, and communicate with insurance companies on your behalf. With their expertise, they can help you get the compensation you deserve.
- File a Claim
Once you have a lawyer, you will file a claim with the at-fault driver’s insurance company or your own insurance, depending on the situation. The insurance company will review your claim and may offer a settlement. If the settlement is fair, your case may be resolved quickly. However, if the offer is too low, your lawyer may recommend further negotiation or filing a lawsuit.
- Negotiate a Settlement
Insurance companies often try to settle claims quickly to avoid going to trial. While they may offer a settlement, you should never accept the first offer without consulting your lawyer. The initial offer is often lower than what you’re entitled to. Your lawyer will negotiate with the insurance company to ensure that the settlement covers all your medical bills, lost wages, pain and suffering, and any other damages.
- Consider Legal Action
If the insurance company refuses to offer a fair settlement, or if liability is disputed, you may need to file a lawsuit. Going to court is often a last resort, as it can be time-consuming and costly. However, if a lawsuit is necessary, your lawyer will represent you in court, present evidence, and fight for the compensation you deserve.
Why You Need an Attorney for Your Car Accident Case
Handling a car accident claim on your own can be overwhelming, especially when dealing with insurance companies that often try to minimize your compensation. An experienced personal injury lawyer can help with the following:
- Investigate the accident and gather evidence
- Handle all communication with insurance companies
- Help you understand your rights and the compensation process
- Negotiate a fair settlement
- Represent you in court if necessary
Hiring an attorney can significantly increase your chances of receiving the full compensation you deserve.
Conclusion
Suffering from serious injuries in a car accident can change your life in an instant. The physical pain, emotional distress, and financial burden can feel unbearable. However, with the right knowledge and support, you can pursue the compensation you deserve. By understanding the compensation process and working with an experienced lawyer, you can ensure that your medical bills, lost wages, and pain and suffering are properly compensated.
At Mesadieu Law Firm, we are dedicated to helping people like you navigate the aftermath of a car accident. If you or a loved one has been seriously injured in a car accident in the Bronx, don’t wait. Call us today at 844-3-RIGHT-BY-YOU (844-374-4482) for a free case evaluation. We’ll fight for the justice you deserve.
Mesadieu Law. Right By You.