If you’ve been injured in a serious car accident in Queens, you may wonder about your legal rights regarding filing an injury claim. It’s essential to clearly understand the process and what to expect to ensure that you are adequately compensated for your losses.
This article will provide you with an overview of how to file an injury claim in the event of a vehicle accident in Queens.
We’ll cover important topics such as what an accident injury claim is, who can file an injury claim, the statute of limitations, how a car crash lawyer can help, and what to do to boost your chances of recovering compensation.
With this knowledge, you’ll be better equipped to make informed decisions about your legal rights and seek the compensation you deserve for your injuries.
What Is a Vehicle Accident Injury Claim?
A vehicle accident injury claim is a legal process that allows you to seek compensation for injuries sustained in a car crash. When someone causes an auto accident that results in your injuries, they are liable for the damages caused by their negligence. This means they have to pay for all expenses associated with the incident, including medical bills, lost wages, pain, and suffering.
An important thing to keep in mind is that if there were multiple drivers involved in the accident, then there may be more than one insurance company involved in your case. This means that there are actually three different parties who could potentially be held liable.
Who Can File a Vehicle Accident Injury Claim?
All car accident victims involved in an auto collision may have the option to file an injury claim against the at-fault party’s insurance company. This includes drivers, passengers, pedestrians, and cyclists who are injured due to someone else’s negligence or carelessness behind the wheel.
Do You Need a Lawyer for a Vehicle Accident Injury Claim in Queens?
Yes, you should hire a lawyer. The insurance companies are out to make as much money off of you as possible. They will do everything they can to try and get you to settle for less than what the claim is worth. If they know that you don’t have a lawyer on your side, they will push you even harder than they would if you had one.
Queens car accident attorneys know how insurance companies work and will fight hard for your best interest in the car accident case so that when it comes time for trial, they aren’t shocked by anything the defense tries during litigation (which happens all too often!).
A good car accident attorney can help negotiate with the other party’s insurance company or even opposing counsel if necessary.
When looking for an attorney for any legal issue related directly or indirectly to car accidents, such as personal injury claims caused by reckless drivers, look closely at these three things:
- Experience level
- Reputation within the local community
Documenting the Car Accident – How To Do It Effectively
Since a motor vehicle accident claim is legal, collecting as much evidence as possible to support your case is important. Here are some tips on what to do and what not to do:
Try and take pictures of the crash scene and any damage caused by it. If possible, take photos with a cell phone camera or write down an estimate of how much damage was done. The police might try to determine fault for the crash based on who was driving poorly or illegally; in these cases, having photographic evidence can help prove that someone else caused the crash.
Here’s what we recommend:
- Take pictures of the accident site (where it occurred) as soon as possible after it occurs
- Take pictures of any damage to your vehicle
- Take pictures of any damage to other vehicles involved in the incident
- Take pictures of car accident injuries
You should also request a copy of the police report so that you can give it to your lawyer as soon as possible so that they can determine if there are any contributing factors related to the accident, like driver inattention or distracted driving by either party involved.
Get statements and contact information from anyone who witnessed the crash and/or has knowledge about its cause (for example, other drivers may have seen one car go into another). These statements should be written down immediately after witnessing a car accident so there’s no doubt about what witnesses saw happen during said events.
Do Not Make Deals
Do not settle or negotiate with anyone unless you’ve consulted with an experienced lawyer first. This includes negotiating agreements made by insurance adjusters—you should wait until speaking with an attorney before accepting any terms offered.
Consult a Car Accident Lawyer
Contacting your own auto insurance company will also likely result in less favorable terms than those offered by independent lawyers specializing in personal injury law (and do not contact uninsured motorist coverage companies before consulting with them either).
Monitor Your Injuries and Keep Daily Notes
When you are injured in a car accident, it’s important to keep track of the symptoms you experience. If you feel pain or have other symptoms, write them down and note the date and time. Write down what medications you take and their side effects as well. It is also helpful to write everything down for future reference should a lawsuit arise later on.
The more information recorded about your injuries after an accident, the better prepared you’ll be when it comes time for your claim.
Examples of Damages You Can Recover
In order for you to receive compensation for your injuries and other damages, you have to have a good understanding of the types of damages you can recover. Damages are the amount of money an injured person can receive from their insurance company in relation to their injuries. There are two different categories of damages:
These include lost wages, medical bills, and other financial losses associated with your accident.
These include pain and suffering (mental anguish), disability, disfigurement, and loss of companionship caused by accident.
Damages can be paid out as a lump sum or in installments over time, depending on what works best for both parties involved in the lawsuit. Suppose there is no settlement between both parties during the trial. In that case, it will ultimately be up to a judge or jury who decides how much money should be awarded based on their experience with similar cases.
Note that you should keep receipts of everything you’ve paid for out of pocket, such as your medical bills, vehicle repairs, and other expenses related to the accident. You’ll need them when filing for compensation from the associated insurance companies.
Know Your Injuries
You need to know the extent of your injuries. You should get checked out by a doctor immediately, even if you think you are fine. You may have internal injuries or other problems you cannot see or feel. If you have any doubts about the seriousness of your injuries, see a doctor immediately.
You might not think this is important at first, but if you’re hit by a car while walking down the street, there’s a good chance you’ll suffer more than just scrapes and bruises. The same would go for if you were in an accident while riding a motorcycle or bicycle. You may have suffered severe injuries even though they don’t appear visible on the surface of your body.
Suppose there is a possibility that you may have ongoing medical expenses. In that case, an attorney needs to review any medical records and bills in order to assess the value of a claim properly.
Remain Under The Doctor’s Care
Remain under your physician’s care until they tell you it’s okay to go home. You may be able to return home, but if you have internal injuries or other serious health issues that need monitoring, stay in the hospital until your doctor gives the okay for you to leave.
Include all medical records in your case file. Request these from your treating physician and other doctors who treat you after an accident. This includes x-rays, MRI scans, and any prescriptions for pain medications and other treatments related to your injuries and recovery process.
Your attorney will review these documents to help determine how much compensation is appropriate for your injuries and losses. Suppose medical bills are associated with treatment or recovery that insurance or Medicare/Medicaid did not cover. In that case, this information needs to be included as well for accurate calculations of the related damages.
File a Car Accident Claim Immediately
After a car accident, you should file a claim as soon as possible. In many states and situations, you have a limited amount of time in which to file your claim. If you don’t get it done within that window, your compensation right could be lost forever.
If you are injured in a car accident and taken to the hospital by ambulance, do not hesitate to contact an attorney, even if the police officer on the scene has told you that there is nothing they can do for you.
You need someone who specializes in this type of case and can guide you through the entire process. They can determine whether or not you deserve compensation based on your medical bills alone or if other factors, such as future medical care, also play into determining how much money would be fair compensation for all parties involved with any given case.
What is New York’s No-Fault Law?
In Queens, New York, for example, if you are involved in a car crash and seek compensation for your injuries, you may find it difficult to determine who is at fault. This is because New York State law does not recognize “fault” when it comes to car accidents.
Instead, it acknowledges only “liability.” If a driver was negligent and caused an accident by violating traffic laws or failing to exercise due diligence on the road, then that driver would be liable for any damages caused by their actions.
In New York State, the no-fault insurance law requires drivers involved in car accidents to carry PIP (personal injury protection) insurance coverage. This coverage provides up to $50,000 per person injured in an accident and up to $100,000 per accident for medical bills and lost wages.
What it Takes to Prove Fault in Car Accident Claims
The law requires that an injured person prove that another party was negligent before they can be found liable for damages resulting from an accident. For example, if you were hit by a drunk driver and suffered injuries as a result of their negligence, then you would have to prove that the other driver was intoxicated and driving recklessly at the time of the crash.
Contact Elliot Ifraimoff & Associates for Impactful Personal Injury Representation
Car accidents can be overwhelming and confusing, especially when you don’t have the proper legal representation.
But with the help of Elliot Ifraimoff & Associates, you can sort out any legal issues and maximize your chances of receiving the compensation you deserve.
Our specialized lawyers have the expertise and knowledge to handle car accident cases and ensure you get the best outcome. They understand the laws and regulations related to car accident claims and can investigate the accident, negotiate with insurance companies, and ensure you get fair compensation.
With the help of Elliot Ifraimoff & Associates, you can rest assured that you’re getting the best legal advice and representation in your case.
Call us today at (718) 205-1010 for a free case evaluation so we can discuss your case and advise you on how best to proceed with your claim.