New York has recently made significant changes that affect how car accident claims are litigated and valued. Unfortuantely, many victims are unaware that these legislative shifts can jeopardize their ability to recover compensation for their losses. Waiting too long to understand how these new rules apply to your case could result in the absolute bar of compensation or drastically reduce your payout. To understand these changes and safeguard your rights, it’s crucial to consult with an experienced Queens Car Accident Lawyer at The Law Offices of George Poulos.
What Changed for New York Car Accident Victims?
Governor Kathy Hochul has enacted sweeping statuort reforms to New York’s motor vehicle liability and insurance laws. These changes have reqritten the playbook for car accident claims. Understanding these legislative shifts is vital to weigh your legal options after a crash. The reforms include:
- 90/180-Day Serious Injury Threshold Category: Generally, to sue for non-economic damages victims must prove that they sustained a “serious injury” as defined under the law. New York has eliminated the 90/180 category that allowed victims to qualify if a non-permanent injury prevented them from performing their daily routine for at least 90 days of the first 180 days following the incident. This means that victims must rely on other categories to qualify for compensation.
- Changes to Insurance Claim Procedures: The timeline for juries evaluating a car accident claim has drastically shifted. Juries must deermine qhich party is at fault for the crash before they can evaluate whether the plaintiff’s injuries fall under the “serious injury” category.
- Modified Comparative Fault System: New York has historically followed a “pure” comparative negligence rule. This means a motorist who was 99% responsible for an accident can still recover 1% of their damages from the other party. New York has transitioned to a modified comparative negligence state, which means if the motorist bears the majority of blame (51% or more at fault), they will face the absolute bar of recovery.
- Recovery Caps: Non-economic damages have been limited to a maximum of $100,000 for specific plaintiffs (exlcuding wrongful death claims). This cap applies if the claimant has been convicted of operating an uninsured vehicle, driving while impaired, or operating a vehicle while committing or fleeing from a felony.
How Can These Changes Affect Your Car Accident Claim?
As you can see, these changes can make qualifying for compensation much more difficult and affect litigation strategy. To maximize your chances of a favorable outcome, it’s in your best interest to seek early medical treatment and preserve evidence. Additionally, you should avoid speaking with insurance companies without legal representation.
Why Is It Important to Hire an Experienced Queens Car Accident Lawyer?
At The Law Offices of George Poulos, we are prepared to help you overcome these new procedural obstacles. We are ready to evaluate whether your injuries qualify under the new legal thresholds and negotiate a fair settlement on your behalf. Connect with our firm today to schedule a consultation to discuss your legal options.