New York Ejection Injury Attorneys
If you were ejected from the vehicle during a car accident due to someone else’s negligence, contact Hach & Rose, LLP immediately. You might be entitled to compensation for the injury you sustained, whether you were partially or totally ejected from the car.
Ejection injuries can be catastrophic. The body can’t handle crashing through a window at any speed. Instant trauma can occur to the head, face, abdomen, and other parts of the body. Some people die on impact, while others require emergency medical care and ongoing treatment to heal.
Treating an ejection injury is often a lengthy and costly process. Hospitalization, surgery, physical therapy, and other forms of treatment are expensive. Many accident victims face financial strain because they can’t afford their medical bills. It’s a significant source of stress for anyone to deal with after a traumatic accident.
Hach & Rose, LLP knows the struggles you face while recovering from your ejection injury and pursuing compensation from the at-fault driver. It’s a challenge to juggle both tasks. However, you won’t have to take on the responsibility of an insurance claim or lawsuit when you hire us to represent you. We can handle every step of the process for you.
Call us at (212) 779-0057 for a free consultation with one of our New York car accident attorneys and learn more about your available legal options.
How Ejection Injuries Happen
Multiple safety devices are supposed to protect the occupants of a car during a crash. The seatbelt can restrain drivers and passengers to their seats. Airbags soften the blow of an impact. A sturdy metal frame could prevent the vehicle from crumbling around the occupants.
Unfortunately, some safety devices fail, and defects in the car’s design can increase the risk of injury. The most common reason for ejection injuries include:
- Malfunctioning seatbelt
- Weak glass used to construct the windows
- Defective door latches
- Ineffective roof materials
Defective vehicles and parts aren’t the only reasons ejection injuries can happen. If someone isn’t wearing their seatbelt, it’s easier to become ejected through the sunroof, front windshield, or side windows. Rollover accidents and crashes occurring at high rates of speed commonly throw the occupants from their seats.
Common Types of Ejection Injuries
Two types of ejection can occur in car accidents – partial and complete.
A partial ejection happens when the occupant’s body only partly launches through the window. Although the momentum forces them slightly outside the vehicle, something keeps them from complete ejection, such as their seatbelt or their leg becoming trapped between the door and seat.
A complete ejection occurs when the occupant’s body ejects from the car entirely. They crash through the glass or fly out of an open window or door and land on the pavement. Injuries can result not only from the impact but also from flying debris or an approaching vehicle.
The most common ejection injuries in car accidents include:
- Traumatic brain injury
- Loss of a limb
- Broken bones
- Spinal cord injuries
- Soft tissue damage
- Internal bleeding and organ damage
- Nerve damage
- Psychological trauma
If you suffered an ejection injury in a car wreck, do not hesitate to contact Hach & Rose, LLP. We can investigate the accident to determine whether someone else was at fault and pursue compensation on your behalf.
Compensation for Ejection Injuries
Personal injury protection (PIP) is a type of car insurance required by state law. PIP provides coverage for:
- Necessary and reasonable expenses related to the crash, such as medical and rehabilitation costs
- 80 percent of lost income with a maximum of a $2,000 limit each month for up to three years after the accident
- $25 a day for reimbursement of necessary and reasonable expenses, such as transportation costs and household assistance, for up to one year after the crash
- Death benefits up to $2,000 for surviving family paid to the estate if the victim dies
Since New York is a no-fault state, you must file a claim with your PIP insurer before you can go after the negligent driver’s insurance company for compensation. However, you could file a third-party claim if your injury meets the serious injury threshold. That means your injury results in any one of these conditions:
- A fracture
- Significant disfigurement
- Medically determined impairment or injury of a non-permanent nature preventing a person from performing daily activities
- Permanent loss of use of a body member, function, organ, or system
- Permanent consequential limitation of use of an organ or member
- A significant limitation of use of a body function or system
The compensation you receive from a claim with the at-fault party’s liability insurance carrier could compensate you for losses, such as:
- Pain and suffering
- Loss of enjoyment of life
- Medical bills
- Lost wages
- Lost earning capacity
- Emotional distress
- Scarring or permanent loss of a limb
You might have to file a lawsuit if the insurance company denies your claim or offers an inadequate settlement. You could seek punitive damages, a form of compensation meant to punish the defendant for their actions. A jury might make this award to you if you can prove the at-fault party acted with gross negligence and in total disregard of another’s safety.
Deadline to File a Lawsuit for Ejection Injuries
If you want to sue for compensation for your losses, you must follow a strict timeframe called a statute of limitations. New York enforces a three-year statute of limitations. That means you must initiate your lawsuit within three years of the date of the car crash. If the statute expires before you can file, you will likely lose your right to pursue legal action against the negligent party.
At Hach & Rose, LLP, our New York ejection injury attorneys believe accident victims deserve the chance to hold other people accountable for their misconduct. Someone else is responsible for your ejection injury and should face the consequences.
We offer dependable representation and support to each client who hires us. We will guide you through the process and remain by your side until the end. You can count on us to treat you as a priority from the moment you walk into our offices.
If you sustained an ejection injury in a car accident due to someone’s negligence, call Hach & Rose, LLP for your free consultation at (212) 779-0057. We’re available 24/7 to speak with you.