If you get into a car accident in New York, there’s a good chance the insurance company will take care of you. That is, after all, why you pay hundreds, or thousands of dollars every year for auto insurance. And, if the other driver is at fault, their insurance company should pay your claim. However, this isn’t always the case. There are times when your claim may be denied. Or, the other driver’s policy may not cover all of your damages. In situations like this, you need to contact an experienced car accident lawyer in Buffalo.
The reason people retain personal injury lawyers is to get compensation for their injuries. As much as you want justice, the real reason you call an attorney is because you want money to cover your injuries and out of pocket expenses. While there’s no rule saying you have to hire a lawyer, it’s not always the best idea to try to handle it on your own.
Depending on the facts of your case, your Buffalo auto accident lawyer is going to demand certain damages. In order to get you a dime, they’ll need to prove two things. First, they need to prove that the other driver was at fault. Second, they need to demonstrate what your damages are. Thankfully, the skilled car accident lawyers in Buffalo know how to do this.
Your Buffalo Car Accident Lawyer Needs to Show that the Other Driver Was at Fault
In order to collect any sort of damages, your Buffalo accident lawyer needs to show the other driver was at fault. To do this, they’ll have to prove negligence. Negligence just means that the other driver didn’t behave the way they were supposed to. To do this, you need to show four (4) things:
- The other driver owed you a duty of care – This is a given in a car accident lawsuit. We all owe other motorists a certain duty of care. This includes following all traffic laws and using common sense.
- They breached this duty – Unlike showing that a duty exists, proving that they breached a duty is a bit harder. You need to demonstrate that they did something they shouldn’t have done. This can be easy if they received a traffic ticket at the scene of the crash. But this is where your Buffalo car accident lawyer earns their fee.
- You were injured – It’s not enough that you were involved in a car accident. You need to show that you were actually injured. This almost always involves some sort of physical injury. If the only thing you suffered was property damage, that claim will normally be paid by the insurance company.
- Your injuries were actually caused by the accident – You will need to show that you got hurt in the crash. For example, if you had a back condition before the accident, the defendant will claim that any back injuries you’re suffering existed regardless of their driver’s actions.
If you can prove these four things, you’ll be able to claim damages.
Buffalo Accident Lawyers Will Demand Compensation for Your Injuries
Based on the facts of your case, your attorney will demand damages. In New York, you can demand the following types of damages:
- Medical bills – The defendant will be held liable for any medical bills you incur. Most of these will have been covered by your health insurance. Or, you may have coverage under Medicaid or Medicare. These insurance providers will expect to be reimbursed when you settle your case.
- Lost Wages – If you miss more than a week or two from work, you can demand compensation. Your New York car accident attorney will demand that you be reimbursed for any wages you have lost. They can prove this using time sheets and tax returns if necessary.
- Property Damage – Of course, you can demand money to fix or replace your vehicle.
- Pain and Suffering – If your injuries are serious, you may be entitled to pain and suffering. These damages are intended to compensate you for any physical and mental anguish caused by the crash.
While you may not be entitled to all of these types of damages, your attorney will demand whichever types apply to your case. If you’ve been injured in a motor vehicle accident in Buffalo, call our office right away. You should schedule your free initial consultation right away. And remember – you don’t pay anything until your case is settled or resolved.