Damages After A Truck Accident in New York

New York is a “no-fault” insurance state, meaning the insurance associated with the car you were driving, a passenger in, or were struck by as a pedestrian, reimburses economic damages, such as, medical expenses and lost wages. Generally, no-fault insurance, personal injury protection (PIP) coverage, will cover the first $50,000 in economic damages (medical expenses). If the insurance policy carries additional personal injury protection (APIP) and Optional Basic Economic Loss (OBEL), medical expenses and lost wages in excess of $50,000 can be covered through APIP and/or OBEL.

However, if you have suffered serious injuries in New York, in excess of the no-fault insurance policy which covers you,  you may a personal-injury lawsuit against the at-fault driver. However, before you can file a lawsuit, you must meet the legal threshold of a “serious injury.”

1. Loss of Earnings

If you were injured in a motor vehicle accident, a portion of your lost wages will be covered through no-fault insurance.

Basic No-Fault auto insurance covers 80% of lost earnings from work, up to $2,000 per month.

If you have experienced lost earnings from a serious injury, no-fault requires that you file for New York State disability through your employer. New York State disability will cover lost wages for up to 26 weeks.

Generally, no-Fault benefits cover a maximum 80% of your lost earnings. New York State Disability, through your employer, will contribute the additional 20% of your lost earnings.

2. Property Damage

Property damage is injury to real and personal property. An example could be a chemical leak on a piece of real estate, or damage to a car from an accident. Property owners can obtain property insurance to protect against the risk of property damage. 

3. Loss of Earning Capacity

You may be entitled to damages in the form of lost earning capacity if you are either unable to return to work or if your injuries will reduce the amount of income you can now earn.

Damages in the form of lost earning capacity is the quantifiable difference between the earnings that you will actually make compared to the earnings that could have been made had you not been injured.

A variety of factors should be considered in assessing an individual’s lost earning capacity, such as age, general life expectancy prior to the injury, the severity of the injury, the current job market, length of recovery, expected return to work, health history prior to the accident, prior earning history, rate of advancement within the company, and company policies toward raises, promotions, and other benefits.

4. Pain and Suffering

Pain and suffering refers to the physical discomfort and emotional distress that are compensable as noneconomic damages.

Noneconomic damages refers to the pain, discomfort, anguish, inconvenience, and emotional trauma that accompanies an injury. In New York, the term “pain and suffering” includes all items of nonpecuniary damages and includes the loss of enjoyment of life. Damages for the loss of enjoyment of life compensate for the frustration and anguish caused by the inability to participate in activities that once brought pleasure such as a loss of consortium.

5. Loss of Consortium

This type of non-economic loss is endured by family members and loved ones of the accident victim.

Loss of consortium is also the loss of companionship or the loss of affection, and it is sustained when a personal injury victim is seriously injured or killed.

If the result of the injury is that the victim is no longer able to provide the same affection, attention, household services, support, and parenting or sexual relationship as provided before the injury, the affected party may have a loss of consortium claim. Loss of consortium can apply to spouses, long-term romantic partners, and parents and children.

Assigning a monetary value on damages, such as loss of consortium is often difficult because the loss is often immeasurable.

Assigning a monetary value on damages, such as loss of consortium is often difficult because the loss is often immeasurable.

When awarding damages courts will examine the length of the relationship and the relationship status. The length and strength of intimacy of the relationship and life expectancy of the affected partner.

6. Funeral and Burial Expenses

Social media has become a staple for communication and information gathering within the modern world. Be careful of what you post on social media as it can come back to bite you while pursuing a personal injury case.

You may post a  statement or an image that calls the facts of your case into question. For instance, you’re claiming that you suffered a fractured vertebra however, the insurance company discovers a recent post-accident video that you posted on social media. The video shows you squatting with heavy weights during the time you were supposedly receiving treatment for these injuries. Such a revelation can negatively impact your case.

How About Punitive Damages?

How Much Is My Truck Accident Case Worth?

The value of your truck accident case is dependent on a multitude of factors. The factors affecting the potential settlement value of your case include:

• Who is at fault for the accident?

• Whether you share any fault for the the accident?

• Economic damages.

• Non-economic damages

• The evidence involved in your case.

Do I Need A Lawyer For My Truck Accident Case?

Yes! You should hire a New York truck accident lawyer to handle your case. Koenig Pierre, a NYC truck accident attorney will conduct a through investigation and negotiate a higher settlement.

Conducting a thorough investigation

Koenig Pierre is a New York truck accident attorney that will fight to help you make your case. Koenig will conduct a thorough investigation of your case.  Investigating a truck accident in New York may include investigating the driver, and the truck company, analyzing video footage, GPS, and other electronic data that may shed light on how the accident happened. Additionally, reviewing the police report, taking witness statements, logbooks, and personnel files to spot safety violations, and identifying and reviewing the truck’s data recorder, also known as the “black box.”

Negotiate a higher settlement

If the insurance company decides not to play fair, makes a lowball settlement offer, delays your compensation, or denies your claim, Koenig will pursue your case to court. Koenig Pierre is experienced with dealing with insurance carriers and negotiating with them to secure the best possible results for his clients. 

Call Koenig! A New York Truck Accident Lawyer

Serious injuries due to a truck accident can occur on any street and highway in New York. Do not suffer from the fallout from a negligent trucker, truck company, or defective semi-truck. You have the right to obtain the compensation you deserve. Call 1-800-946-4616 or schedule a free case evaluation online.