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How a New York judge may calculate car accident damages

When a New York driver is negligent and it causes you injury, there's no reason you should bear the full brunt of the expenses associated with the incident. Let's say you were driving to your child's sporting event and another vehicle veered across the yellow line, smashing into the side of your car. There was nothing you could do about it because traffic was heavy and fast-moving at the time and there was no safe way to switch road positions at the time.

You and your child suffered injuries, and both of you have been having trouble sleeping since the crash, which is understandable since such accidents are often emotionally traumatizing. Your child has missed school and you have had to call off work to go to physical therapy sessions and medical appointments. Most of your injuries have healed but your child has had cognitive trouble due to a concussion and you have lingering pain in your knee, which sustained major blunt force trauma upon impact.

New York law is on your side

The law allows you to seek legal accountability against negligent motorists who cause you injury. You may also act on behalf of your minor child to seek compensation for damages. What types of damages you may claim depend on several factors, such as those included in the following list:

  • Emotional distress, which often lingers for weeks or months after a crash
  • Physical pain and suffering that may be temporary or last the rest of your life
  • Physical or mental impairment, such as the cognitive damage your child may have shown
  • Loss of income that only adds to aftermath stress
  • Medical expenses that just seem to keep piling up
  • Car repairs that can't be made soon enough because your household only has one vehicle
  • Shortened lifespan, which may occur due to serious injuries

The court will want to know a lot about your injuries, such as how severe they were and how long it took you to recover. Documentation of any medical treatment you or your child received is also pertinent to the court's decision-making process regarding damages. It's not uncommon to feel angry at the negligent party who might have avoided the accident if he or she had been more focused on the task at hand.

Be proactive

While feeling upset is understandable after all you've been through, it'll likely be better in the long run if you concentrate on the steps you can take to seek as full a recovery as possible, including continued medical care as needed and pursuing justice on behalf of yourself and your child.

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