Bay Shore Rollover Car Accident Lawyer
When a car rolls over during an accident, there is a much greater risk of harm to those involved.
If you were hurt in a rollover car crash, you are likely experiencing physical, emotional, and financial challenges. A Bay Shore rollover car accident lawyer could help you face the legal challenges which follow an auto wreck. A dedicated car accident attorney in your area might be able to assist you in obtaining a legal recovery.
No-Fault Insurance State
The state’s no-fault insurance policies bar Bay Shore residents from seeking relief outside of their own coverage unless their damages meet a serious injury threshold. New York Insurance Law §5102(d) states that a claimant must have incurred at least $50,000 in economic losses or suffered a serious injury in order to file a civil suit for injuries suffered in a rollover car accident. The following conditions may qualify a person to seek compensation in court:
- An inability to perform usual and customary activities for 90 days or more during the first 180 days after an accident
- The loss of a fetus
- A fractured bone
- Significant disfigurement
Fortunately, a Bay Shore rollover car crash attorney could examine a claimant’s damages and determine whether they may initiate litigation against responsible parties.
What are the Recoverable Damages After a Rollover Incident?
The type of damages available to an injured plaintiff would depend on the details of their case. Generally, though, those injured in rollover car accidents may seek economic, non-economic, and punitive damages for their losses. While economic damages could recover medical expenses and lost wages from time out of work, non-economic damages may cover intangible losses such as pain and suffering and emotional distress.
However, punitive damages are rarely awarded and are intended to punish an at-fault party for particularly egregious behavior as well as to deter others from acting similarly in the future.
What are Legal Limitations and Obstacles in a Claim?
If an injured party qualifies under the serious injury threshold, they may bring a personal injury claim to court. The State affords a certain amount of time to file a civil lawsuit. The statute of limitations outlined in New York Civil Practice Law and Rules §214 sets a three-year time frame for civil claims in Bay Shore. If a claimant fails to file their suit within the allotted time, they risk losing the right to recover any damages in court. Fortunately, a dedicated lawyer could help one file a claim promptly.
Another potential limitation on damages is the pure comparative fault rule. Under the pure comparative fault rule, a plaintiff who contributes to their own injuries would have their damages reduced by their assigned percentage of fault. For example, if a claimant is found 50 percent responsible for their accident, their compensatory award could be reduced by 50 percent. A seasoned rollover car accident lawyer in Bay Shore could advocate for a victim to help maximize their potential compensation.
Consult a Bay Shore Rollover Car Accident Attorney Today
Seeking relief for a rollover car accident can be challenging without qualified legal counsel, as insurance companies and legal protocols could stifle your ability to obtain a recovery. A Bay Shore rollover accident lawyer could review the circumstances of your case and help you overcome any legal obstacles. Begin working on your case by calling today and scheduling a consultation.