November 14, 2020
Limits on What You Can Recover in New York Truck Accident Cases
By Jonathan Damashek
You may have heard about multi-million dollar recoveries in personal injury cases, and Hecht, Kleeger & Damashek, P.C. has helped clients get some big wins. However, there are limits on some New York truck accident cases that must be considered.
If you have questions about how much your case is worth, contact a knowledgeable attorney who will evaluate all of the evidence and help you get the maximum amount possible. Call us today at (212) 490-5700 or use our online contact form.
Trucking Insurance Policy Limits
One thing that can significantly limit your compensation is insurance policy limits. The insurance company is usually the entity that pays you damages in a personal injury claim. However, each policy has a limit. If your losses are bigger than the policy limit, you might not be able to recover for everything from the insurance company.
The Federal Motor Carrier Safety Administration (FMCSA) issues federal requirements for trucking insurance. All commercial trucks require at least $750,000 in liability coverage. Trucks that carry hazardous materials, passengers, or other specialized loads must have more.
That means you can get at least $750,000 after an accident if you can prove that you have that much in losses.
What Does Trucking Liability Insurance Cover?
Liability insurance covers all of the losses that are incurred due to the negligence (irresponsible behavior) of the truck driver or trucking company that caused your accident.
Specifically, you can get compensation for the following:
- Past and future Medical expenses
- Lost wages
- Loss of earning capacity
- Loss of consortium
- Physical pain and suffering
- Mental anguish and emotional distress
- Loss of normal life and reduced quality of life
- Property damage (such as your car, phone, laptop, and anything else that was broken)
If your loved one passed away due to a truck accident, liability insurance will also cover funeral expenses, burial costs, and other related damages in a wrongful death claim.
Are There Any Other Limits on Damages in New York?
Many states have limits on how much money can be recovered in personal injury cases. Specifically, it is common to limit how much a plaintiff (the person harmed) can get for noneconomic damages.
However, New York does not have damage caps, or statutory limits that are based on laws, for recoveries in personal injury cases. Because of that, jury verdicts in New York can vary wildly. We can use this to our advantage when filing a claim against the trucking insurance company.
Contact Hecht, Kleeger & Damashek, P.C. To Get What You Need After a Crash
It’s important to work with an experienced personal injury lawyer to properly value your case and make sure you get the most amount of money possible. Hecht, Kleeger & Damashek, P.C. will get information about the trucking insurance policy limit and completely investigate the damages that you have suffered. We will work to get insurance policy limits when possible.