Brave enough to drive throughout Greater New York? You must be too familiar with these outrageous NYC drivers navigating in this unpredictable NYC traffic. With all of these people and vehicles, there are just too many instances for accidents to occur. As we all know, car accidents are bound to happen, and they happen frequently around here.
Car accidents can range from minor scratches and fender benders to severe damage amongst many vehicles. Even in small accidents, the accident victims may suffer from severe injuries and trauma. These situations usually call for additional help — from a medical professional and a legal professional. This is why you need to hire a New York car accident attorney as soon as possible.
If you were in an accident that resulted in injuries, schedule a free consultation with our firm before speaking to any insurance adjusters. Our experienced car injury lawyers at Moshes Law can assess your situation and make sure you are properly compensated. Do not stay in pain. Get better help today.
Car accidents can be catastrophes that can include several parties and negotiations — possibly even a lawsuit. While in recovery from an accident, you should not have to worry about fighting for proper compensation for your injuries. This is where a car accident lawyer swoops in to help you.
These cases tend to have a lot of moving parts. With a car accident comes a police report, vehicle damage, medical attention, medical bills, and insurance companies. Giving an attorney all of these details right from the start will allow for preparation for litigation at any moment.
Insurance companies will try to manipulate you into admitting fault. Using these maneuvers, the adjuster will dig for reasons to not pay the claim in full. You won’t have to worry about admitting fault if you hire an attorney at the start.
The insurance companies will require negotiation and a determination between no-fault or comparative fault. An attorney can help you detail all the damages you are entitled to under the insurance policies. The attorney will certify that the insurance adjuster keeps the facts straight and pays an appropriate amount for compensation.
Hiring a car crash attorney at the beginning of the process is the best way to ensure your wellbeing. The attorney can screen your answers to the insurance companies, or the attorney can handle these conversations with the insurance companies themselves. Ultimately, it would be saving a lot of time and heartache for everyone involved.
The moving parts of a personal injury claim get a tad complicated in New York due to our no-fault insurance system. As one of the victims of an accident that received serious injuries, your insurance company should cover your medical expenses. If your insurance’s Personal Injury Protection isn’t enough to cover all of your relevant medical expenses, you’re still in luck.
New York allows car accident victims with a “serious injury” to file a lawsuit against the defendant in court. Under NY law, “serious injury” is defined as a personal injury that results in:
NY CLS Ins § 5102(d) also includes a medically determined, non-permanent injury. The injury must prevent performing usual and customary daily activities for at least 90 days. Medical determination is needed within 3 months of the car accident.
The injuries sustained from the accident may not be apparent until weeks later. Though you may not have any broken bones, your organs and muscles could be injured. These internal injuries may not show signs of injuries until months after the accident. If months pass before this discovery, you will be too late to submit this physical for compensation through the no-fault insurance system.
On top of New York’s no-fault insurance system, it is also a pure comparative negligence state. Sharing any degree of fault will decrease your compensation by the percentage of your contribution to the blame. So, if you are 70% at fault, suffering from $500,000 of injuries, the jury can decrease your maximum award by $350,000.
The statute of limitations to file a lawsuit for car accident injuries is 3 years. Meaning, you only have 3 years to straighten these details out before you run out of time to file a lawsuit. From the beginning, you need an experienced attorney to keep these things straight, so you can ensure your proper compensation.
The Law Office of Yuriy Moshes is not here to cash in on the first settlement offer. We are here to guide you through this mess and take it one step at a time. Our main focus is your recovery and proper compensation to facilitate your recovery. We will not let someone low-ball you. If these other parties start avoiding our demands for proper compensation, our firm is ready to litigate for you.
If you are in an accident that causes injuries or death, New York requires you to call the police. Leaving before a police officer arrives at the accident scene can result in a hit-and-run charge. If you are in an accident of this nature, the police will conduct the first investigation. After taking pictures, speaking to witnesses, and interpreting what happened, the police will file an accident report with the Department of Motor Vehicles.
After this report is filed, your license and driving record will show if you were determined to be at fault. Additionally, your compensation will be based on this determination of fault. For their own investigations, the insurance companies will rely on these police reports.
Insurance adjusters will also gather their own information. The adjuster will personally review the vehicular damage and determine your need for medical attention. Insurance companies will also gather information from testimonies via recorded statements and personal injury settlement releases. This is why you have to be very careful when speaking to insurance adjusters.
Each of these investigations is trying to determine who is at fault for the accident. As you can see, it is important that these determinations of fault are correctly executed. To keep everyone in check, we will conduct our own investigation of the accident. We will gather all the important and relevant evidence and proceed forward from there.
Here, important evidence includes any admissible evidence that could be possibly relevant to the accident. As our client, we have to keep you in mind at all times. During our investigation, we will gather evidence such as:
Using these pieces of information, we will make our own determination of who was at fault. Using this determination, we will proceed by determining if this is a no-fault accident or a comparative fault accident. This will determine our next move.
To claim and collect from the insurance companies, you have to speak to adjusters rather soon after the accident happens. The claims have to be filed promptly after the accident. To make all the proper claims, you have to see the doctor and get a full physical.
Filing a lawsuit has to be done within the statute of limitations. In New York, all you have is 3 years to file a lawsuit for car accident injuries. Here, the filing time starts running on the date of the accident. For lawsuits for wrongful death caused by a car accident, the statute of limitations is only 2 years in New York. Filing to receive compensation from a government employee has to be done within 90 days of the accident.
You should attempt to receive compensation from the other out-of-court methods before filing in court. These failed attempts need to occur before the 90 days/2 years/3 years are up. Missing these hard deadlines ultimately sacrifices your ability to claim and collect damages for your injuries.
After conducting our investigation through our gathered evidence and determining fault, we will detail your entitled damages. After determining these amounts, we need the insurance companies to agree with our determination. We will use the insurance policies to be sure of the coverage.
Insurance policies have different coverages, depending on the circumstances of the accident. Uninsured drivers and insufficient coverage by an at-fault party may be covered by your own insurance policy. We have not even begun discussing health insurance.
After the medical determination and our review of your health insurance policy, we will negotiate your bills with the adjuster. There might be various necessary medical treatments that have to be prior cleared by the insurance company. We cannot just consider past medical bills for your injuries sustained from the accident. Depending on your injury, there might be future medical bills to consider. Physical therapists, mental health therapists, and neurologists may become common occurrences. These lifestyle changes deserve proper compensation.
Negotiations with insurance companies require sharpness and expertise. The adjuster is waiting for you to slip up, so the insurance company does not have to pay your claim. Experienced car wreck lawyers know how to navigate these waters with ease. In a world of snakes, you need a shark that is familiar with all of these lowly manipulation tactics.
We will work endlessly towards convincing everyone to agree with our determination of fault. We already worked out your ultimate entitled damages. To receive these maximum damages, everyone needs to agree with our determination. Like we previously stated, our main focus is your recovery and proper compensation to facilitate your recovery.
We offer free consultations to anyone interested in pursuing legal action for their car accident. Our firm also offers top-notch service and particular attention to our clients. Here at Moshes Law, we set reasonable expectations of recovery, and we refuse to settle for less than deserved. We don’t see cases as being too small or too big for us to handle.
To show our good faith, we want to give you some information below to consider while setting your expectations. We want to be here for you and your family. Schedule a free consultation with one of our experts today.
Car accident cases have the potential to be worth millions of dollars. Accidents have the potential to change your life forever, and the effects can be astronomically expensive. Obviously, these damages will depend on the nature of your injuries, but the injuries can continue developing in surprising ways. There is no need to underplay the importance of pursuing legal action. You need to ensure your recovery to the fullest.
The types of compensation available to you depend on the details of the injury. There are economic damages, noneconomic damages, and possibly punitive damages. Rationally speaking, it will be difficult to get proper compensation without experienced car injury lawyers.
Economic damages are compensation for fiscally quantifiable expenses and losses. Eligible economic damages usually include: (1) property damage; (2) medical expenses — future and past; (3) lost wages; (4) reduced earning capacity; (5) temporary or permanent disability.
Noneconomic damages compensate for harms that are not financial and more difficult to fiscally quantify. Usually, noneconomic damages include: (1) loss of consortium; (2) emotional distress; (3) loss of enjoyment of life; (4) loss of quality of life; (5) pain and suffering; (6) mental scarring; (7) subsequent medical conditions.
Punitive damages are sometimes awarded to punish the defendant for their exceptionally unacceptable conduct. The courts reward these damages in special circumstances and require high standards of proof. These damages require a high level of negligence — willful or wanton negligence or a high degree of moral turpitude. Without such negligence, these damages should not be expected.
Moshes Law offers free consultations. For personal injury cases, we work on a contingency fee. A contingency fee means the lawyer only gets paid if you win an award.
Once an award is won, the lawyer is entitled to a previously agreed-upon percentage of the earnings. Otherwise, the lawyer does not get paid. Throughout the case, the attorney will front the costs and assume the risk associated with representing your case. This way, you can focus on recovering instead of these details.
“Yuriy and Jessica were a pleasure to work with and handled everything professionally and competently. Both replied readily to calls and emails. I would highly recommend using this firm.”
— Jeannie Risucci
“We received excellent assistance from the many fine people at Yuriy Moshes. They are professional, helpful and thorough, not to mention thoughtful and kind.”
— Jennifer Moore
“The entire team was great. Always answered and returned all my calls and any questions I had. Very courteous and professional throughout the whole process. Would recommend them to friends and family.” — Reva McRae
Personal injury cases can take anywhere from a few months to a few years. Though you only have 3 years to file, the filed case can take years to litigate in court. There are several, intricate facts and parties involved. There are numerous steps that can each require their own legal action. You have to be sure to sue the correct party for the correct action at the correct time.
If you want to speed this process along, we suggest hiring a New York car accident lawyer as soon as possible. Promptly after the accident, hire an attorney so they can begin their own investigation and evidence gathering. Insurance companies want to deal with people unfamiliar with the law. Get a free consultation as soon as possible, and you can catch the adjusters off guard.
Most personal injury cases don’t go to court because the matters can be settled out-of-court. At the end of the day, this is the most preferable result. Our firm will not allow a low-ball offer, but we also won’t encourage unnecessary litigation. Litigation is expensive, and it is better to put that money towards your recovery.
This does not mean that we will prolong our preparation for litigation if the time comes. As your car injury attorneys, our firm promises to prepare for any and everything for your case. We will cater to your wants and needs to our best capacity. We are here for you.
If there is minor vehicle damage or physical injuries, it still may be worth hiring an attorney. Injuries may not show themselves for months down the line. Personal injury compensation requires the execution of a lot of steps. Even with minor damages, the insurance companies might give you a ton of troubles. Instead, you can hire an attorney to deal with all of that for you.
You should not accept any offer without consulting your attorney prior. Low-balling settlement offers is a regular tactic used by insurance companies. Remember, the adjusters are supposed to find any reason to deny you coverage. The first offer will most likely be insufficient. An experienced attorney can determine and explain the maximum damages available to you. You should request the adjuster to pay this amount until they are willing to compromise.
If your medical expenses are not itemized, or if you have received tax benefits for these medical expenses in the past, the settlement is taxable income. After receiving the benefits, the settlement amounts are considered “Other Income,” according to the IRS.
Get help with your car accident settlement from car accident experts. With our years of experience, we will fight tooth-and-nail for the victim’s compensation. You should be receiving the full value of your insurance policies.
With the help of our firm, you could receive these awards. Value your recovery and get your free consultation from the Law Office of Yuriy Moshes. Contact our firm today.