The Association for Safe International Road Travel (ASIRT) states that more than 4 million people require medical attention after auto accidents each year. Serious injuries can occur after motor vehicle accidents, including traumatic brain injury. If you are in a motor vehicle accident, even if it is not one that produces injuries, it is important for you to report your accident.
In addition to reporting it to the police, it is a good idea to call a New York car accident lawyer. Personal injury law firms can help you in a wide variety of ways to ensure you receive compensation for the accident.
Falling victim to a car accident may leave you in shock, but it is important to take several steps to protect yourself. If you or anyone else has an injury, call 911 to ask for medical assistance. Even if nobody was hurt, it’s important to call the police to the scene. Your insurance company will likely ask for an official accident report. Additionally, if you weren’t at fault and need to file a claim in court, you’ll need an official police report.
Next, gather evidence. Get a name, phone number, and insurance information from any other drivers on the scene. Use your smartphone to take pictures of the damage on both vehicles from various angles.
Note the intersections and traffic patterns around the area of the accident. If any witnesses stayed on the scene, ask for their information and interpretation of events as well. After everyone received medical care for their car accident injuries and you have an official police report, consider calling a lawyer.
You won’t always need an attorney after a car accident, but there are several situations in which you should call one right away. You are more likely to need legal representation if the accident caused serious injury to you or someone else, or if the accident created significant property damage but it is hard to tell who was at fault.
In fact, it’s a good idea to keep a car crash attorney in mind if your accident involves another driver, someone on a bicycle, or a pedestrian, regardless of how minor it is. There are several other situations that may require an attorney as well.
There are a lot of benefits to having a car crash attorney on your side. For most people, the biggest benefit is that an attorney can help you take on insurance companies during car accident claims. The sad truth is that most insurance providers don’t want to pay out large sums of money to cover property damage or bodily injuries to car accident victims. When your insurance company doesn’t play fair, an attorney can present the facts and negotiate with them until you get fair compensation. Of course, that isn’t the only reason hiring an accident lawyer is beneficial.
If you aren’t at fault for the accident but the other driver’s insurance company refuses a fair settlement, you may find that you and your car accident lawyer need to take your case to trial as a personal injury claim. As the plaintiff, the burden of proof falls on you.
That means you’ll need an experienced attorney to help you prove that you suffered lost wages, have high medical bills, have a loss of quality of life, or have some other pain and suffering. There are several steps to the trial process.
First, you and your attorney need to gather evidence that proves your pain and suffering. In addition to the police report, you’ll need to provide pictures of the accident, gather statements from the eyewitnesses, and provide your medical records as they relate to the accident. Your attorney will also determine whether the defendant has a poor driving record. Several other pieces of information may come into play as well, such as whether the defendant was on the clock when the accident occurred, whether he or she had a medical record that made driving dangerous, and whether the driver was under the influence of anything during the accident.
After you gather evidence, the two parties exchange information in what is known as the discovery process. The exchange typically includes interrogatories, documents, and depositions, although some other legal tools are available sometimes. The interrogatories are typically the most important. They are a list of questions that each side must answer in full and as accurately as possible.
Sometimes, the investigation and discovery processes aren’t quite enough. In this case, experts may become a part of your case. Experts who recreate accidents, engineers, forensic experts, or even doctors may provide depositions or even take the stand during trials for car accident lawsuits.
After we present all the facts of your case in front of a judge and jury, the jury will deliberate. They will decide if you deserve compensation for your medical bills, lost wages, or pain and suffering, and, if you do, how much compensation is fair.
Once the jury determines an amount, the defendant has a certain amount of time to send the money. He or she will send it directly to your car accident lawyer. Most firms, including this firm, would not send any portion of the settlement to a client’s bank. Rather, most firms would write a check to the client.
According to the National Highway Traffic Safety Administration (NHTSA), between 5 million and 6 million auto accidents occur in the U.S. every year. The Centers for Disease Control and Prevention states that of those accidents, 2 million result in injuries, and over 32,000 result in death.
The damage is often substantial, causing physical and emotional pain while creating significant financial strain on car accident victims and their loved ones. In the overwhelming aftermath, you should not have to face the repercussions of someone else’s negligence alone.
Experienced Queens car accident lawyers will represent your best interests and help you get the compensation you deserve.
Car accidents happen every day in New York, and the causes vary greatly. New York City, in particular, is a challenging place to navigate by driving because of its dense population.
An experienced car accident attorney can answer questions surrounding many different circumstances leading up to and following a collision, but some common causes of car accidents in New York include:
Poor road conditions alone do not amount to negligent driving, but speeding on poor road conditions does.
Reckless driving can include a number of activities:
Driving aggressively is one of the most common forms of reckless driving that a car crash lawyer sees. Aggressive drivers often speed or tailgate other drivers, and riding too closely while driving at high speed can lead to rear-end accidents with serious injuries.
Queens car accident attorneys can help you better understand the laws that govern reckless and aggressive driving.
No two motor vehicle accidents are perfectly identical. The shocking nature may leave you confused, injured, and unsure about what happens next.
Generally, an auto accident lawyer may advise you to take a few basic steps to help yourself and anyone who suffered car accident injuries and collect evidence for your claim or potential lawsuit.
Consider these six steps:
You are under no legal obligation to hire an attorney. However, personal injury attorneys often work on contingency and offer free consultations to evaluate your potential for compensation. It is of no financial consequence to you, and a lawyer can answer questions you may have about your case.
New York is one of only 13 states that mandate no-fault car insurance, also known as personal injury protection, for all licensed drivers that tend to operate a vehicle. No-fault states limit your ability to recover compensation for damages.
Following an auto accident, you would turn to your no-fault insurance coverage to recover compensation for some of your economic losses. For example, personal injury protection (PIP) covers medical costs, lost wages, and other necessary expenses related to your injury, such as at-home help and transportation to and from medical services providers.
PIP coverage eliminates the relevancy of fault in an auto accident case. However, you may still hire an auto accident lawyer and file a liability claim or lawsuit under two conditions.
First, you can seek further compensation if the cost of damages in your case exceeds the limitations of PIP coverage. Second, you may sue the responsible party in your accident if you suffered injuries that meet New York’s threshold for serious injury.
The threshold includes:
Additionally, a car accident attorney can help you value the non-economic damages associated with your injuries or losses. Your PIP insurance only covers the economic damages, but in a lawsuit, you can request compensation for the mental and emotional distress caused by accident and your resulting injuries.
If you lost a loved one in a car accident caused by someone else’s negligence, you would likely benefit from speaking to a Queens car accident lawyer about the recoverable damages in a wrongful death lawsuit.
Every personal injury case involves damages. When you file a claim with the insurer or a lawsuit against the at-fault driver, you seek compensation for the losses you suffered because of the accident. The court refers to those losses as compensatory damages.
Compensatory damages, as the name implies, should compensate the injured person in an effort to restore them to their financial positions prior to the accident. There are two categories of compensatory damages: special and general.
Special damages, also known as specific or economic damages, are typically the easiest to calculate and prove. These include:
ambulance expenses, emergency room visits, hospital stays, physician and specialist visits, diagnostic tests and medical imaging, medications, assistive devices, and rehabilitative therapies, such as physical or occupational
missed work, future missed work and loss or reduction of earning ability if your injuries impede you from doing the job you did before the accident
hired household assistance for housekeeping or childcare, remodeling or renovating to accommodate your injuries or disability, transportation to and from medical treatment appointments, and any other out-of-pocket expenses deemed necessary
repair or replacement of your vehicle and any other property damaged in during the crash, such as electronics or other valuables
An auto accident lawyer will collect the evidence to support a claim for these damages. For example, medical bills from the hospital and doctor, along with estimates for future medical treatments, will prove claims for medical expenses. You may need recent pay stubs to prove lost wages and future lost income. Additionally, estimations or receipts support a claim for property damage.
General damages, also known as non-economic damages, are more subjective than special damages. These include:
A Queens car accident lawyer may use various methods to calculate general damages. For example, they may add up the special damages and multiply it by a number they determine based on several questions about your case. The number is typically between 1.5 and 5, and questions may include:
An experienced car accident attorney should argue for the highest reasonable multiplier, and in some cases may result in an increase of the multiplier cap, depending on the severity of the injuries. Your attorney may also use statements and testimonies from yourself and your family and friends to prove a change in your mental or emotional state.
Punitive damages serve a different purpose than compensatory damages. If the court determines that the defendant acted with malice or showed no regard for the safety of others, they may require the at-fault driver to pay a set amount in punitive damages as punishment. Only in rare cases does the court award punitive damages.
Negligence is not enough to warrant payment of punitive damages. Your car accident attorney must show that the defendant acted recklessly and with gross negligence. In a car accident case, gross negligent action may include:
Your Queens car accident lawyer can request a punishment of punitive damages if the cause of the accident involves gross negligence. However, the court considers the defendant’s financial situation when determining an amount.
Ultimately, if the defendant is a wealthy person or corporation, you can likely expect a higher punitive damages award.
When the police arrive at the scene of a car accident, they immediately begin investigating the damages and cause of the accident. When they can quickly identify an at-fault party, they will name the responsible party in the accident report.
However, determining fault is not always a cut-and-dry process.
Suppose you suffer a significant injury that meets the New York injury threshold to file a lawsuit and decide to hire a car accident attorney to represent you in the case. Then your auto accident lawyer will conduct an independent investigation to collect evidence and determine fault.
The defendant’s insurance company will do the same.
Sometimes, investigations lead to a shared fault determination. When the plaintiff in a car accident lawsuit shares responsibility for the accident, they also share responsibility for the resulting damages.
However, being partially at fault does not render you ineligible for compensation. Instead, the comparative negligence rule dictates that you can still receive the portion of the award compensation or settlement remaining after a deduction equaling your percentage of fault.
Additionally, there are two types of comparative negligence: pure and modified. Most states follow modified comparative negligence, which does not allow the plaintiff to receive compensation if their percentage of fault exceeds a threshold of 50% or 51% as determined by the state.
However, in New York, under the pure comparative rule, you are still eligible for compensation, even if your percentage of fault is higher than the defendant’s share.
Your Queens car accident lawyer can help you better understand if and how this may specifically affect your case. However, consider the following general example.
If your case goes to trial, the judge or jury determines if you are at fault and exactly what percentage. Then, they deduct that percentage from the final awarded compensation.
Therefore, if the court awards you $500,000 and determines that you are 20% responsible for the accident, you still receive $400,000 compensation. On the other hand, if the court finds you 80% responsible, you still receive $100,000 because New York allows you to receive compensation as long as you are not solely at fault.
Most car accident cases settle outside of court. However, if you do not settle because the insurance company refuses to offer a fair amount for your claim, your lawsuit will likely go to trial.
As the plaintiff, the burden of proof falls on you, and that means you may want to consider hiring an auto accident lawyer if you have not already. A car accident attorney will prepare your case for trial. A personal injury trial follows these general stages:
Potential jurors answer questions to determine their ability to view your case with impartiality. After eliminations, the final count is 12 jurors.
If you hire a Queens car accident lawyer, they call witnesses and present physical evidence to prove that the other driver acted negligently and that those actions caused the accident and your injuries.
Once the prosecution rests, the defense presents witnesses and evidence. Generally, the defense wants to prove that you either share some responsibility for the accident or are solely responsible.
This entails presenting a summary of what each side offered in evidence and making a final statement about the claims.
The jury then considers all the evidence and reaches a verdict before returning to the courtroom to read the verdict aloud.
Most car accident trials only last for a few days. However, the severity of your accident and any complexities in fault determination could extend the trial for longer.
Perhaps one of the most important benefits of hiring a car accident attorney is that they push back when the insurance companies try to use bad faith tactics to settle cases in the best interests of the company. Insurers instruct their supervisors to pressure adjustors into doing whatever it takes to pay out as little as possible.
An experienced Queens car accident attorney sees this behavior often and knows how to combat it.
If you speak to the adjuster about your case with the representation of an auto accident lawyer, you will likely experience some common tactics that insurers use to avoid a heavy payout. Some examples include:
Unfortunately, some of these tactics work when the claimant does not have experience. Insurers rely on delays to get you to accept a significantly lower settlement than you deserve.
However, they often refrain from such behavior when dealing with legal representation rather than directly speaking with the claimant.
If you have any of these experiences with an insurance company after filing a claim, they will likely continue until they exhaust your efforts. Insurers have a responsibility to conduct a prompt investigation into your claim and present valid reasons for denials.
Beyond handling communication with the insurance companies, your attorney will also:
In the devastation that often follows a car accident, you need support from a car accident lawyer you can trust to represent you aggressively. At Elliot Ifraimoff and Associates, PC, we have a combined over 60 years of combined legal experience in personal injury cases and can get you the compensation that you need and deserve.
We understand how mentally, physically, and financially taxing a car accident is for the victims of another driver’s negligence. That is why we do our best to ensure that you are comfortable with our legal expertise and can rely on us to take care of your case, giving you more time to focus on your recovery.
To speak with an auto accident lawyer at Elliot Ifraimoff and Associates, PC, personal injury law firm contact our office today for a free consultation.
Were you injured in a car accident through no fault of your own? Do you need help from a law firm to fight for compensation? Contact a professional and experienced car accident lawyer from Elliot Ifraimoff & Associates to help you today.
If you were involved in a car accident in New York, you should understand New York’s no-fault insurance laws and how they apply to your case. New York is one of the few states that follows a no-fault policy, requiring each party involved in the accident to claim damages through their own insurance. However, some exceptions may allow you to seek compensation from the negligent driver instead.
For assistance understanding no-fault laws and navigating your case, consult a New York car accident lawyer.
In New York, the majority of car accident cases fall under a “no-fault” policy, indicating that neither party accepts the full damages from the accident. Even if one party was clearly at fault for the accident, each party would claim their damages on their own insurance policy instead of submitting a claim with the at-fault driver’s insurance.
New York requires all drivers to carry personal injury protection (PIP) insurance, which covers the following expenses after an accident:
The PIP requirement, along with New York’s no-fault policy, attempts to reduce the number of personal injury lawsuits in the state. As many as 12 percent of drivers are uninsured at any given time, equaling about one in eight drivers. But under this policy, you won’t have to rely on another driver’s insurance to compensate you for your accident.
However, any car accident lawyer in New York will tell you that car accident claims aren’t always that simple. New York only requires drivers to purchase a minimum of $50,000 of PIP insurance, which isn’t enough to cover more serious accident claims. This insurance also doesn’t cover the pain and suffering victims experience after an accident.
In 2022, as many as 38% of car accidents in NYC involved a fatality or injury, and for many of these victims, PIP insurance didn’t cover all their expenses. Thankfully, New York does have an exception to the no-fault policy in severe road safety accidents.
If your car accident was severe, talk to an NYC vehicle accident lawyer about whether you meet the serious injury threshold, allowing you to pursue legal action.
To meet this requirement, your case will need to either:
New York law defines a serious injury as one that causes any of the following:
Your injury could also qualify if it prevents you from performing your usual daily activities for at least 90 days out of the 180 days following your accident.
Approximately 292 deaths occur each year in New York due to traffic-related injuries, and many more serious injuries occur. If your accident resulted in a severe injury, speak with an NYC auto collision attorney about your options for seeking compensation.
Taking legal action against an at-fault driver in New York isn’t quite as simple as it is in other states due to the no-fault insurance laws. You’ll need experienced car accident legal representation in NY on your side to improve your chances for success in this process.
First, determine whether a lawsuit is necessary. Does your insurance policy cover all of your expenses from the accident? If it does, you probably won’t have a case against the at-fault driver, even if they were clearly at fault.
Second, think about whether you meet the serious injury threshold. Your Manhattan car collision attorney can help you understand how your injuries compare to this threshold and New York’s definition of a serious injury.
Third, consider the evidence you have to support this claim. New York City car crash attorneys have extensive experience collecting evidence and access to resources you may not have that allow them to bulk up your proof. Having compelling evidence is crucial in your accident claim.
A good New York car accident lawyer will be honest about your chances of gaining compensation through a lawsuit. They can also help you maximize your compensation through your own insurance claim.
While New York’s no-fault insurance laws offer some benefits, such as safeguarding you in the case that the at-fault driver does not have insurance, they also make it more challenging to pursue legal action against negligent drivers. But with the help of an experienced auto accident attorney, you can overcome these challenges and seek adequate compensation for your injuries and damages.
At Elliot Ifraimoff & Associates, P.C., our New York City car crash lawyers offer skilled legal guidance and representation. We can help you navigate a car accident that was not your fault and gain the money and resources you need to move forward.
Contact our New York car accident lawyers today at 888-ASK-ELLIOT (275-3554) to schedule your free consultation.
In a no-fault state like New York, each party is responsible for claiming their own damages on their individual insurance policies. A New York City automobile accident attorney can help you understand how this rule applies to your car accident case.
New York became a no-fault state in 1974 under the Comprehensive Motor Vehicle Insurance Reparations Act. This law sought to provide fast payment of medical expenses and wage losses after a car accident.
A Queens car accident lawyer can help you gain adequate compensation to move forward from your car accident. They can guide you through your insurance claim process, communicate with the insurance company on your behalf, and negotiate a higher payout if necessary. Your New York car accident lawyer can also help you file a lawsuit if your case meets the serious injury threshold.
Not every case requires assistance from a New York car accident lawyer; in some situations, you may be able to file a claim and pursue compensation independently. In other situations, however, you may find yourself struggling to proceed.
Knowing when to hire a car accident lawyer in New York can be crucial to your success. We at Elliot Ifraimoff & Associates, PC, are here to break down the details to make your life easier.
After an accident, one of the first things you’ll want to do is file an insurance claim. In an ideal scenario, you would file the claim with the at-fault driver’s insurance company; the company would process your claim and then provide you with a payout big enough to cover your expenses.
Unfortunately, not everything works out as planned. Perhaps the at-fault driver doesn’t have enough insurance coverage, forcing you to file with your insurance company. Maybe the insurance company refuses to pay you an acceptable amount, leaving you struggling to pay bills. Or maybe you simply find negotiating with the insurance company daunting.
Reaching out to an NYC auto accident attorney can be beneficial if you plan to file an insurance claim. Your New York car accident lawyer can assist you with the claims process and negotiate with the insurance company on your behalf. In the event the insurance company doesn’t offer an acceptable settlement, your New York City car crash lawyer can also fight for your rights in court.
Filing a lawsuit can be overwhelming. You may need to fill out paperwork, gather evidence, and present the opposition with a demand letter, among other concerns. Trying to navigate this process alone can be difficult since you likely aren’t familiar with the legal processes involved.
A Queens car accident lawyer can guide you through your case. Your car accident attorney in New York has likely handled countless cases like yours, giving them the experience to guide you. They can explain the filing process, assist with any paperwork, contact the opposing party, and more.
Many lawsuits settle outside of court, but not all. Should your case go to trial, you’ll likely want an auto collision lawyer in NYC to represent you. Your attorney can build a strong case and argue it before a judge and jury, helping you pursue damages.
Not every case is clear-cut. If, for example, you only sustained minor injuries in the accident, you may be unsure whether to file a lawsuit or a standard insurance claim.
Contacting an NY personal injury lawyer for car accidents can be incredibly beneficial in this sort of situation. An attorney can take a look at your case and offer recommendations for different courses of action. In addition, they can provide advice on how to navigate certain procedures, double-check that you’ve submitted a claim correctly, and offer additional assistance. By reaching out to a New York motor vehicle accident attorney, you can move forward with confidence.
If you’re still struggling to determine whether you need an attorney, consider the following:
If you are still wondering, “When should I hire a lawyer after a car accident?” request answers by reaching out to Elliot Ifraimoff & Associates, PC. We have extensive experience in this area of the law and can provide you with guidance. We’ll help you gather evidence, provide advice, and negotiate with insurance companies. We can even represent you in court if necessary. Call (718) 205-1010 or toll-free at (888) 275-3554 to request a free consultation. Speak to a New York car accident lawyer today.
We understand that car accident cases can be confusing. You may have many questions, from how long you have to file a claim to how much it will cost when all is said and done. At Elliot Ifraimoff & Associates, PC, we want to provide you with answers. We’ve taken the time to discuss some frequently asked questions; if you want to learn more, please reach out.
According to Forbes Advisor, 100,508 car accidents occurred in 2022 alone, with Brooklyn accounting for about 33% of those.
Car accidents cost Americans billions of dollars; according to the NHTSA, crashes cost Americans $340 billion overall in 2019.
According to Nolo, the statute of limitations in New York is three years from the accident. While this may seem like plenty of time, it’s important to contact a New York car accident lawyer right away, as it’s beneficial to get the wheels in motion as quickly as possible should any unforeseen delays or obstacles arise.
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