New York is considered a “no-fault” state for purposes of automobile accident litigation. However, that does not mean that there is no possibility of filing a Syracuse car accident lawsuit against a negligent driver in which an innocent motorist, passenger, or pedestrian suffers serious personal injuries or wrongful death.
There are several situations that take a vehicular accident outside of the limitations of no-fault. While each case must stand on its own facts, generally speaking the more serious the plaintiff’s injuries are and the more short or long-term disability the plaintiff has due to the crash, the more likely it is that he or she can get past the no-fault threshold and file a traditional negligence lawsuit against the responsible party.
In such situations, the plaintiff may seek payment for his or her medical expenses and lost wages, as well as compensation for pain and suffering and other damages. The injured party’s spouse may also be able to seek monetary damages for loss of consortium.