New York Car Accident Lawyer
Anyone who has driven a car anywhere in the greater New York City area including all of its boroughs (Manhattan, Brooklyn, Queens, the Bronx and Staten Island) as well as Northern New Jersey and Long Island, knows that the traffic is insane and New York City car accidents are quite common.
Many of these accidents are simple fender benders at low speeds in gridlock traffic, but even in those minor cases, victims of car crashes may suffer from severe trauma and may need professional help, both from doctors and from a car accident attorney in New York City.
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IMPORTANT: Never give a recorded statement to an insurance company. Consult with an attorney first. Insurance adjusters will use unscrupulous tactics to avoid paying an injury claim. They pressure no-fault-drivers into accepting little to no money for their injuries. Admit NO Guilt! Say NO to the “Personal Injury Settlement Releases”.
Types of Automobile Collisions That Cause Serious Personal Injuries
The most common accidents to produce serious injury are:
- Head-On Collisions;
- Side-Impact (T-Bone) Collisions;
- Rollover Accidents;
- Rear-end Collision;
- Hit and Run Accident
That said, there are many types of car accidents and all of them have the potential to produce serious injury. Many unlucky victims in bad accidents require serious help and should contact an attorney immediately.
Different Types of Car Accident Injuries
- Impact Injuries are usually caused by a body part hitting against part of the inside a vehicle, such as a steering wheel, dashboard, windshield, or headrest. Impact injuries often result in broken and crushed bones, injured internal organs, and internal bleeding. Whiplash and head trauma can result in spinal cord damage, brain damage, and concussion. Seat belts and airbags help but do not prevent all injuries. Even if you do not feel or look injured, you may still have some latent internal injury.
- Penetration Injuries are cuts, lacerations, and punctures suffered by a victim in a car crash. Penetration injuries can result from touching broken glass or sheared metal from a car’s frame. They can also be caused by loose items in the vehicle that turn into airborne projectiles during a crash. Pens, cell phones, and coffee mugs can all cause serious puncture injuries during a crash.
Not All Injuries Are Immediately Obvious
Just because you are not bleeding does not mean that you are not injured. Injuries to bones are easy to see, while injuries to soft tissues like muscles, ligaments and tendons are not always apparent immediately after the auto accident.
This is why it is important to speak with an experienced New York City car accident lawyer as soon as possible after the accident. Soft tissue and internal injuries are no less serious or painful than other more visible injuries, even if they do not become apparent until weeks or months after a crash.
“Do I Have A Case?”
Maybe, but you will need to discuss the matter with an experienced New York City auto collision lawyer. First, you will need to determine if your claim falls within New York’s “no-fault” insurance system or if you qualify to file a negligence claim. In the case of a serious injury, you may file a lawsuit against the at-fault driver.
It is not always clear what constitutes a serious injury. A bone fracture or a brain injury is always a “serious injury;” however, certain smaller injuries will not be considered serious and will be resolved within New York’s no-fault insurance system, which is discussed in more detail later.
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Calculating a settlement is tricky and involves many moving parts. The extent of your injuries, the damage to your vehicle, the amount of lost wages and hours spent off of work can all affect the amount of a settlement.
Play it safe by hiring an auto wreck lawyer in New York City that has experience determining an appropriate settlement. At the Law Office of Yuriy Moshes, we provide free consultations.
New York No-Fault Insurance System
Not every car accident will result in litigation. It is important to consult with a New York City area accident injury attorney to determine whether your injuries will pass the serious injury threshold required by Article 51 of the Insurance Law (more details to follow below).
Under New York’s no-fault insurance system, accident victims must file a claim with their own insurance company for medical benefits, rather than the offending driver’s insurance. This tends to benefit car accident victims because anyone can obtain medical coverage for their injuries regardless of fault and you will receive your benefits faster because fewer parties are involved.
Filing a Claim for Serious Injury Outside the No-Fault Insurance System
What happens when PIP protection is not enough to cover your losses? What if you wish to recover damages not included under PIP, such emotional damages or pain and suffering? Fortunately, New York law allows a car accident victim to file a lawsuit in Court as any other lawsuit.
However, you must be able to prove that your injury meets New York’s definition of a “serious injury.” (New York Statute 5102(d) defines a serious injury as “a personal injury which results in:
- significant disfigurement;
- a fracture; loss of a fetus;
- permanent loss of use of a body organ, member, function or system;
- permanent consequential limitation of use of a body organ or member;
- significant limitation of use of a body function or system…”)
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Note, in order to be successful with a lawsuit, you will need proof that the other party was negligent, as well as proof of your damages. An accident lawyer in NYC can help you gather the necessary evidence to support your claim.
If the Negligent Driver Is Uninsured, You May Still Have a Claim
Even if the at-fault driver does not have car insurance or has insufficient insurance coverage, you may still have an auto accident injuries claim. Where the driver of a car is negligent but lacks insurance, the victim of an automobile accident may be entitled to make a claim under his or her own automobile insurance policy.
This is known as UM/SUM coverage. Unique and technical laws govern the ability of an injured person to recover in these situations. If you know the offending driver has no insurance, you should discuss the possibility of a UM/SUM claim with your attorney.
What Evidence Is Collected for a New York City Car Accident Claim
The New York City personal auto wreck attorneys at the Law Office of Yuriy Moshes are experienced accident investigators who can build your case from the ground up. To build a case that secures you the maximum financial settlement, we will have to prove that you were the victim in your accident and the other party was at fault.
Here are the most common pieces of evidence we will use to successfully secure your settlement:
- Witness testimony;
- Photos of the scene;
- Police reports;
- Insurance company reports;
- Medical bills;
- Video evidence;
- Accident reconstruction science
How Do I Maximize the Value of My Car Accident Claim?
Many car accident victims (or their families, if the car accident ended in the victim’s death) do not fully understand their rights under New York insurance laws, nor are they aware of all of the damages to which they are actually entitled to. Your best bet for maximizing your car accident settlement is to run your case by an experienced car accident attorney in New York to discuss a plan of action to secure the highest compensation possible.
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Your Accident Lawyer can create a detailed list of losses you can recover for, help you gather evidence, negotiate with the insurance company, and even prepare to take your case to court, if need be.
What Damages Can I Recover After a New York Car Accident?
Our tenacious car accident attorneys fight zealously for all of our clients. We always pursue financial compensation for the following damages after a car accident in New York whenever possible:
- Current medical bills (including ambulance and emergency room fees);
- Future medical bills;
- Property damage and loss;
- Pain and suffering;
- Physical therapy and rehabilitation costs;
- Lost wages;
- Loss of career or earning capacity.
If you have lost a loved one in an automobile accident, additional wrongful death damages may also be available.
Which Car Accident Cases Does Our Firm Handle:
Our litigators have experience in Court arguing a variety of different types of car accident claims. Each accident case is unique, which is why it is important to have experienced representation on your side. We have recently litigated the following types of claims:
- Commercial trucking accidents;
- New York public transportation accidents;
- Motorcycle accidents;
- Pedestrian accidents;
- Delivery bike accidents;
- Drunk driving accidents;
- Fire truck, police and ambulance accidents;
- Sanitation worker and garbage truck accidents;
- Taxi & Uber Accidents;
- Uninsured Motorist Car Accident;
- Drunk Driving Accidents;
- Herniated Disc Car Accident;
- Hit & Run Accident;
- Hazardous Roadway Accident;
- Rear End Collision
Car Accident Statute of Limitations in New York
A statute of limitations is a law that sets a time limit on filing in court. Failure to file a lawsuit within the time limit could result in losing the claim. Under New York Civil Practice Laws & Rules Section 214, anyone injured in a car accident (driver, passenger, motorcycle rider, bicyclist, pedestrian) must file a personal injury lawsuit within three years of the date of the crash.
However, in the tragic event that you have lost a loved one in a New York City car accident, the statute of limitations for filing a wrongful death claim is only two years from the date of the victim’s death. Additionally, if you are suing a municipality or government agency, the statute of limitations could be one year or less.
If you’re suing the state of New York, its city or municipality, there is a requirement to file a notice of claim within 90 days of the date of accident. This is why it is important to speak to an experienced auto accident attorney as soon as possible after your accident.
Call a New York Car Accident Lawyer
The Law Office of Yuriy Moshes serves car accident victims in the greater New York City area including all of its boroughs (Manhattan, Brooklyn, Queens, the Bronx and Staten Island) as well as Northern New Jersey, Long Island, and Upstate New York.
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We provide free consultations for all car accident victims regardless of the extent of your injuries or financial status. Call us immediately so that we can begin processing your injury claim today.