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Suppose you’ve sustained moderate to severe injuries from an accident in the greater New York City area. In that case, it’s wise to consider hiring a lawyer.
New York’s car accident laws can be complex, and car insurance claims can be tricky. An attorney with experience in these types of cases can explain your choices for compensation and, if needed, set up and submit a claim on your behalf.
It can be challenging to face an insurance company that adopts a “deny, delay, defend” stance, attempting to minimize their payout or outright deny you any compensation. Their tactics often include being unfair, refusing reasonable settlement offers, or delaying the process unnecessarily.
In such situations, pursuing a personal injury lawsuit might become essential to recover damages for the injuries you’ve incurred from the accident. This lawsuit should ideally be initiated by an attorney with a strong background and focus on personal injury law within New York State, someone committed to fighting for your rights and securing the compensation you deserve.
Can I Sue After My Car Accident in New York?
Yes, you can sue after a car accident in New York, especially if you’ve been injured due to another driver’s negligence. In New York, negligence occurs when a driver fails to exercise the necessary caution, violating their duty to drive safely and causing an accident.
This concept is crucial in personal injury lawsuits arising from car accidents, as all drivers are expected to adhere to a duty of care towards others on the road. If this duty is breached and results in an accident causing damages—whether minor, like a fender bender, or severe, such as totaled cars and serious injuries—you may have grounds to file a lawsuit.
To successfully sue for negligence in a New York car accident case, you must prove four key elements:
- Duty of Care: Establish that the defendant owed you a duty of care, meaning they had a legal obligation to drive safely to avoid causing harm to others.
- Breach of Duty: Show that the defendant breached this duty by acting (or failing to act) in a way that a reasonable person would not have under similar circumstances, leading to the accident.
- Causation: Demonstrate a direct link between the defendant’s breach of duty and the accident, proving that the accident was a foreseeable result of their actions.
- Damages: Prove that you suffered actual damages from the accident, including medical expenses, lost wages, pain and suffering, and other related costs.
Considering New York’s pure comparative negligence rule is important if you are partly responsible for the accident. Under this rule, you can recover damages even if you are partially at fault.
However, your compensation will be reduced by the percentage of your fault. For instance, if you are found to be 25% responsible for the accident, your awarded damages will be reduced by 25%.
New York is distinctive in allowing recovery regardless of the complaint’s level of fault unless it reaches 100%. The state applies the rule of joint and several liability in situations involving multiple defendants.
This means you can recover the full damages from any of the defendants, who can then seek contributions from the others through a separate legal action. This rule is particularly beneficial in cases where one of the defendants is untraceable or unable to pay.
If you were hurt in a car accident because of someone else’s carelessness, see a personal injury attorney who focuses on car crashes. The legal experts at the CEO Lawyer Personal Injury Law Firm can help you file your claim, manage the complicated legal system, and work to get the compensation you need to heal.
Remember that scheduling a free legal consultation with an experienced lawyer might give you the direction you need to make decisions regarding your case.
Hire the CEO Lawyer Personal Injury Law Firm If You Suffered Serious Injuries in a NY Accident
Hiring the CEO Lawyer Personal Injury Law Firm after experiencing a personal injury in NY offers significant advantages.
Our attorney provides a deeper understanding of your legal situation and options and ensures peace of mind by handling your case accurately. This allows you to concentrate on recovery and healing without the stress of legal proceedings.
Our lawyer will be responsible for several critical tasks, including:
- Regular updates on the progress of your case.
- Identification of all parties responsible for the accident.
- Handling communication with all involved parties on your behalf.
- Collecting and organizing evidence to strengthen your claim.
- Assess the value of your case and advocate for achieving that outcome.
In cases where pursuing a fault-based claim is viable, our lawyer will prepare a case against the at-fault driver, focusing on their third-party liability insurance. This involves demonstrating the driver’s negligence—typically through a violation of traffic laws—linking your injuries directly to the accident and providing a detailed account of the physical, emotional, and financial toll it has taken on you.
Such comprehensive proof supports pursuing the most favorable settlement or verdict in court. To secure the compensation you deserve, our attorneys specializing in car accidents that you engage in will conduct thorough investigations, enlist the help of accident reconstruction specialists, review your medical documents and police reports, interview witnesses, and negotiate with the opposing party’s insurance and legal representatives.
Obtaining legal assistance is prudent, even without injuries from an accident, as insurance firms often attempt to settle quickly and for less than what is fair. Our attorneys are formidable advocates for your rights, whether negotiating settlements or representing you in court.
Types of Personal Injury Accidents
A personal injury claim is a civil lawsuit where the plaintiff seeks to recover damages from the defendants. Any injury caused by negligence or related to strict liability can be a personal injury accident.
Some common types of personal injury claims include:
- Auto Accident
- Truck Accident
- Premises liability
- Product liability
- Wrongful death
- Slip and fall
- Workplace accident
- Burn injuries
- Medical malpractice
- Dog bite injuries
- Swimming pool accidents
What Is a Personal Injury Lawyer?
A personal injury attorney is a legal professional who assists individuals who have suffered harm due to the negligence of others. These attorneys possess a legal education and hold licenses from state bar associations, allowing them to offer legal guidance and representation to their clients.
Specializing in the nuances of state and local laws related to personal injuries and the procedural rules of local courts and ethical regulations, they serve as dedicated advocates for those injured and their families.
The process of a personal injury claim typically begins with attempts to negotiate a settlement with the responsible party. If these negotiations do not result in an acceptable agreement, the next step may involve filing a lawsuit in court.
However, it’s important to note that most personal injury cases are resolved before reaching trial. Settlements often occur when the defendant offers compensation that the plaintiff agrees to, thereby withdrawing the lawsuit.
Consulting with a skilled personal injury lawyer can provide deeper insight into a personal injury case’s expected timeline and procedures.
Benefits of Hiring a Personal Injury Attorney
Hiring a personal injury attorney soon after an accident can offer significant benefits. When dealing with the consequences of an injury, insurance companies often initiate contact quickly, posing questions that might seem harmless.
However, their goal can sometimes be to extract statements that could undermine your claim. A personal injury lawyer is a shield in these interactions, handling communications with insurers so you don’t inadvertently compromise your case.
With a proficient attorney advocating for your interests, the burden of negotiating legal issues and insurance company tactics is lifted, allowing you to focus on your recovery. An experienced representation is crucial for managing conversations with insurance adjusters and avoiding missteps in statements to the police that could negatively impact your ability to secure compensation for medical bills, lost income, and pain and suffering.
Engaging a personal injury attorney ensures your rights are protected and enhances your chances of obtaining the rightful compensation you deserve.
How Can You Find a Personal Injury Lawyer?
Finding a personal injury lawyer requires careful consideration, given the available options. Streamlining your search can be more manageable by following these steps:
Seek Referrals from Friends or Family
Starting with your network can be incredibly helpful. If you know someone in a similar situation, ask them for attorney recommendations.
Personal experiences can offer valuable guidance into a lawyer’s approach and effectiveness. Also, if you have relatives or acquaintances who practice law in different areas, they might know reputable personal injury attorneys and can provide trusted referrals.
Utilize Third-Party Search Tools
Online directories and search tools offer a convenient way to find legal professionals. Websites like LawInfo catalog attorneys by practice area and location, making it easy to find personal injury lawyers near you.
These platforms often provide additional resources, such as legal guides and information on lawyers’ credentials, to help you make an informed decision.
Consult the State Bar Association
Every state’s bar association maintains a roster of practicing attorneys, including those specializing in personal injury law. Many bar associations offer referral services, connecting individuals with lawyers suited to their needs.
Some even arrange for initial consultations at a reduced fee, providing a low-risk opportunity to discuss your case and understand your legal options.
In addition to these strategies, always conduct your due diligence. Review lawyers’ websites, check for client testimonials, and verify their standing with the local bar association.
Scheduling consultations with the CEO Lawyer Personal Injury Law Firm can give you a sense of who you’re most comfortable working with. Remember, our knowledgeable personal injury lawyer will have the necessary experience and skills to communicate clearly and prioritize your best interests.
How Much Do Personal Injury Lawyers Charge?
Personal injury lawyers often take cases on a contingency basis, meaning they cover the initial legal expenses and only charge their clients upon securing a settlement or jury verdict. This fee arrangement allows individuals who may not have the financial resources to afford legal representation upfront to pursue justice against better-funded opponents, like insurance companies.
The fees charged by personal injury attorneys under this arrangement are typically a percentage of the compensation awarded. The percentage can vary depending on the case’s complexity, the legal market in the area, and the law firm’s policies.
It’s crucial for clients to fully comprehend the specifics of their contingency fee agreement, including the exact percentage and any other potential costs that might arise during the litigation process. These additional expenses could encompass court filing fees, costs related to depositions, payments for expert witness services, expenses for obtaining medical records, and more.
Given the variability in costs and the importance of transparency in attorney-client relationships, discussing and understanding all aspects of the fee agreement is essential before engaging a personal injury lawyer’s services. This ensures clarity regarding financial obligations and how the case’s outcome will affect those obligations.
4 Steps for Protecting Your Rights After an Accident in New York
It can be challenging to cope with the following days of an accident, particularly if you don’t know what to do to protect your rights and obtain fair compensation. If you don’t have instant access to a New York accident attorney, it’s crucial to understand how to build your case from the beginning.
Following an accident, These four essential actions might greatly impact your chances of getting the most money possible for your losses.
- Report the Accident Immediately: It’s essential to call the police immediately after any accident, no matter how minor it seems. This includes seemingly insignificant incidents like parking lot dings. If you’re severely injured, prioritize calling 911 to get the urgent medical care you need. During the police report process, refrain from admitting fault or discussing your injuries until a medical professional has assessed you.
- DMV Reporting: New York state law also requires you to report the incident to the DMV using the “Report of Motor Vehicle Accident” form within ten days of the accident. Neglecting this step could result in your driving privileges being suspended.
- Prioritize Medical Attention: According to data from the Centers for Disease Control and Prevention, over 1 million people were treated in emergency rooms in 2023 due to car accidents. Immediate medical evaluation is crucial, even if you feel fine. Adrenaline can often mask pain and injuries, so it’s vital to get checked for any hidden issues. Adhering to your doctor’s treatment recommendations is equally important for your recovery and case.
- Collect Evidence at the Scene: Collect as much evidence as possible at the accident scene if your condition allows. This includes:
- Photos of the damage to all vehicles involved.
- Pictures of any injuries sustained.
- Detailed shots of the accident surroundings, including traffic signals, signs, and any other relevant environmental details.
- Names and contact details of other drivers and potential witnesses.
If you cannot gather this information, a skilled accident attorney can help you compile these crucial pieces of evidence later.
- Limit Your Disclosures: Consequently, you might face questions from police officers, other involved parties, or insurance representatives. It’s vital to avoid discussing details about the accident, injuries, or potential liability until you consult your attorney. Premature statements, especially those undermining the extent of your injuries, can weaken your case. Instead, indicate that you will provide further details once you’ve spoken with your legal representative.
Getting the guidance and representation of a competent New York Personal Injury attorney is essential to completing these stages. They will help ensure you receive fair compensation for your losses and mentor you.
Get the Right Personal Injury Lawyer After Your New York Accident
Following an accident, the journey through insurance claims can be daunting, filled with confusion and frustration. However, you don’t have to face it alone.
Engaging with a personal injury attorney could significantly benefit you if you’ve suffered injuries. In New York, many personal injury law firms operate on a contingency fee basis, offering complimentary case evaluations to potential clients.
This approach eliminates any risk in seeking legal counsel after an accident.
If you have been injured in a car accident, it’s critical not to delay seeking legal representation. At the CEO Personal Injury Law Firm, we have a long-standing tradition of advocating for the rights of injury victims throughout New York, ensuring they are treated fairly by large insurance entities.
For a confidential, no-cost consultation with one of our injury and accident attorneys, reach out to us anytime at (516) 689-1132.