Can I Sue for Pain and Suffering After a New York City Rideshare Accident?
Can you sue for pain and suffering after being injured in a rideshare vehicle in New York City? Under New York law, you can recover compensation for a rideshare accident above and beyond what the insurance pays – including non-economic damages for “pain and suffering” – as long as your injuries meet the legal definition of “serious.” Essentially, a serious injury is one that significantly affects your life and stops you from doing things that you were once able to do. If you are seeking damages for your rideshare injury, then the legal team at Douglas & London can provide you with the skilled legal representation you need to get the full payout you deserve.
Sustaining an injury in an auto accident can be a frightening and traumatic experience, one that has lasting repercussions. Individuals deserve to be compensated for the pain and suffering they endure as a result of an avoidable accident.
How New York’s “no-fault” accident law affects your case
If you are involved in an accident in the state of New York, then you can be reimbursed for your damages by your insurance provider, no matter who was responsible for the accident. This is a result of New York’s “no-fault” accident insurance law. Furthermore, drivers who work with Uber, Lyft, and other rideshare companies must carry commercial driver’s insurance while driving within New York City, amounting to $100,000 per individual and $300,000 per accident. In addition, drivers must be covered for $200,000 in personal injury protection.
If your injuries are sufficiently severe, however, then you may still be able to sue the other driver involved in the accident or the rideshare company they work for. In order to do this, you and your NYC Uber accident lawyer will need to establish the extent of your injuries and show the lasting harm that they have caused you.
How a “serious” injury is defined in New York
A “serious” injury is strictly defined by New York state law. An injury that results in dismemberment, disfigurement, loss of pregnancy, bone fracture, or death meets the legal standard of seriousness.
Some injuries, however, are more difficult to define. If your injury resulted in your loss of ability to use part of your body, or loss of a bodily function, then it may be defined as serious. The same holds true if you now have only limited use of a body part or function as a result of your injury.
Finally, an injury that prevents you from performing your usual daily activities for at least half of the 180 days following your accident is considered to be serious.
The challenge lies in proving that the injuries you sustained in your rideshare accident meet these criteria. Every person’s case will be different, and the ways in which your injuries change your daily lifestyle can be difficult to fully communicate to others. Are you having trouble hiking or jogging because of a leg injury? Are you having difficulty sitting down and relaxing at the end of a long day because of the pain in your back? Is post-accident anxiety and depression affecting your personal relationships? There are numerous ways in which a serious injury can limit your range of choices and negatively impact your life.
This is why it’s important to speak with a lawyer as soon as possible after you have been injured. Your NYC Lyft accident lawyer will work to establish the specific ways in which your accident has changed your life so that you can recover the compensation you are entitled to.
How Douglas and London can help you with your case
Are you looking for a personal injury lawyer who can provide you with the skilled legal assistance you require? At Douglas & London, our attorneys have extensive experience with auto accident cases in New York City, and we understand how state and local laws affect our clients’ rights. If you have been injured while using a rideshare service such as Uber or Lyft, then get in touch with us today. Our team is available 24 hours a day to provide you with the assistance you need. We offer free consultations, and you will never pay any fees unless we achieve a positive outcome in your case.