In New York, the bustling pace and growing population contribute to increased vehicular accidents, with car crashes prevalent. Tragically, hit-and-run incidents make up a significant portion, approximately one-fourth, of these accidents.
These events can abruptly disrupt lives, leaving individuals vulnerable to injuries ranging from minor to severe, including brain injuries and, in the most grievous cases, leading to fatalities.
Victims of such hit-and-run accidents face not only the physical repercussions but also the daunting challenge of navigating their recovery amidst financial uncertainties, especially if they are unable to work. The elusive nature of hit-and-run perpetrators, often motivated by a lack of insurance or impairment due to substance use, further complicates these cases.
It underscores the critical importance of seeking the expertise of a dedicated hit-and-run attorney in NYC. A specialized lawyer can guide victims through the legal maze to secure the rightful compensation for their losses and suffering.
How Can a New York Hit-And-Run Accident Attorney Help?
A car accident attorney specializing in hit-and-run incidents in New York can be immensely beneficial in numerous ways:
- Offer Legal Insight: Such an attorney can shed light on your rights, demystify the legal framework, and recommend the most strategic approach. Their expertise is crucial in focusing on the complexities of hit-and-run cases.
- Conduct Thorough Investigations: Given the elusive nature of hit-and-run offenders, these cases might seem daunting. Nonetheless, a skilled attorney can spearhead a comprehensive investigation to amass evidence, pinpoint witnesses, and possibly track down the offender. This could involve collaborating with experts in accident reconstruction, analyzing surveillance footage, and leveraging various investigative tools.
- Facilitate Insurance Claims Process: Interacting with insurance entities regarding hit-and-run accidents can be particularly taxing. An attorney can guide you through this intricate process, ensuring your claim is well-supported by necessary documentation and evidence. They act as your advocate in negotiations with insurance firms to secure compensation for your losses.
- Provide Legal Representation: In scenarios where the hit-and-run driver is eventually identified, your attorney plays a pivotal role in legal proceedings against them. By initiating a personal injury lawsuit, they aim to recover costs for medical care, property damage, loss of income, emotional distress, and other impacts resulting from the accident.
- Explore Uninsured Motorist Coverage Options: Your attorney will explore alternative compensation routes if the guilty party remains unidentified or uninsured. This includes guiding you through claiming under your insurance policy’s uninsured motorist section.
- Negotiation and Settlement Advocacy: An attorney’s negotiation skills are instrumental in ensuring you receive fair compensation. Through effective dialogue with insurance companies and opposing counsel, they strive to secure a settlement that reflects the gravity of your injuries, damages, and the overall effect on your well-being.
The compensation achievable and the methods to secure it depend on various factors, underscoring the importance of having a specialized attorney by your side.
What Are the Stats of Hit & Run Accidents in New York City?
In 2020, New York City saw a decrease in hit-and-run accidents, with nearly 40,000 reported cases, compared to the previous year’s count of over 46,000, based on NYPD traffic data. This decline signifies a notable shift in the frequency of hit and run incidents within the city.
This translates to more than 100 occurrences daily, highlighting the persistent issue of hit-and-run accidents in the urban landscape. The reduction in numbers suggests a positive trend, and yet the daily average underscores the ongoing challenge of addressing and mitigating the repercussions of these hit-and-run events on the city’s streets.
How Does Injury Severity Influence Claim Value?
The impact of injury severity on a personal injury lawsuit’s value is twofold.
Primarily, the gravity of the injuries directly correlates with the need for extensive medical intervention, which can include but is not limited to:
- Transportation by ambulance
- Immediate care in emergency rooms
- Procedures critical for sustaining life
- Surgical interventions
- Admission to Intensive Care Units (ICU)
The financial burden of such medical treatments can be substantial. Personal injury claims aim to recoup the costs incurred due to the incident that caused the injuries.
Consequently, as medical expenses increase, so does the claim’s potential value.
Furthermore, the severity of the injuries also impacts compensation for non-economic damages, such as pain and suffering. Severe injuries typically result in more intense pain and present significant hurdles in the path to recovery.
The more challenging and painful the recovery process for the injured party, the greater the compensation they are entitled to receive for these non-economic losses.
What Kind of Damages Are Available for a Hit & Run Accident?
After a hit-and-run accident, victims can seek two main damages: compensatory and punitive. Compensatory damages are divided into economic and non-economic damages and aim to financially restore the victim, while punitive damages penalize the offender.
Economic Damages
Economic damages focus on tangible financial losses. They cover medical expenses, including bills for treatment and prescriptions, as well as lost wages and the potential decrease in earning capacity due to the accident.
Calculating these damages requires gathering pertinent documentation to sum up the costs. When evaluating a victim’s reduced ability to earn in the future, a financial expert’s testimony is often necessary to accurately estimate this loss.
Non-Economic Damages
Non-economic damages, on the other hand, address intangible losses that significantly impact the victim’s quality of life. These can include mental anguish, diminished enjoyment of life, loss of consortium (the loss of the benefits of a family relationship due to injuries), and the effects of permanent disability or disfigurement.
Non-economic damages also consider the pain, suffering, and humiliation endured by the victim. The valuation of these damages involves a more subjective assessment, reflecting the accident’s profound personal and emotional impact.
In essence, compensatory damages aim to provide a monetary equivalent to the direct and indirect consequences of the accident. In contrast, punitive damages are designed to deter reckless behavior, such as leaving the scene of an accident.
The precise amount and type of damages awarded can vary widely based on each case’s specifics, the severity of the injuries, and the impact on the victim’s life.
What Are Common Injuries in Hit and Run Accidents?
Hit-and-run accidents are notorious for their devastating outcomes, often leaving victims with severe injuries or worse. The severity and type of injuries depend largely on whether the victim was in another vehicle or unprotected, such as being on foot or a bicycle at the time of the incident.
Pedestrians and cyclists, lacking the protective barrier of a car, are at a much higher risk of sustaining severe, life-altering injuries.
Common injuries resulting from hit-and-run accidents include, but are not limited to:
- Traumatic brain injuries, which may range from concussions to severe brain damage
- Fractures and broken bones, which can occur in any part of the body
- Disfigurement, which can include severe cuts, burns, or other injuries affecting appearance
- Neck and head injuries, including whiplash, which is a common result of sudden deceleration
- Damage to internal organs, often caused by blunt force trauma
- Internal bleeding, which can be life-threatening if not treated promptly
- Amputations or loss of limbs, either immediately due to the accident or as a surgical necessity afterward
- Paralysis, which can result from spinal cord injuries and lead to partial or complete loss of mobility
- Spinal cord injuries, which can range from temporary loss of function to permanent damage
The results of hit-and-run accidents can be tragic, with fatalities being a grim reality, especially for those outside of a vehicle. According to the U.S. Department of Transportation, a significant proportion of fatalities involving cyclists or pedestrians result from hit-and-run incidents, underscoring the lethal risk faced by these vulnerable road users.
The Role of Restitution in Criminal Convictions
When your attorney files a personal injury lawsuit against a hit-and-run driver who has also been criminally charged, several key steps and outcomes are possible. These include:
- Priority of Criminal Proceedings: Criminal cases are often prioritized over civil lawsuits. If the driver faces criminal charges for the hit-and-run, that case might be resolved first. The outcome of the criminal trial, such as a conviction or a guilty plea, could play a crucial role in the civil lawsuit, potentially serving as proof of the defendant’s liability.
- Restitution in Criminal Conviction: Should the driver be convicted, the criminal court may order them to pay restitution to the victim(s). This payment will cover direct losses like medical bills and property damage. Your lawyer might collaborate with the prosecution to ensure your losses are fully accounted for in any restitution order.
- Proceeding with a Civil Lawsuit: Regardless of the status of the criminal case, your legal team can pursue a civil lawsuit. This suit seeks compensation for damages not necessarily addressed by the criminal justice system, such as pain and suffering, lost income, or ongoing medical care costs. If necessary, your lawyer will collect evidence, deal with insurance companies, and represent your interests in court.
- Insurance Company Involvement: If the defendant has insurance, their insurer may enter the fray once a civil claim is initiated. Insurance companies sometimes prefer settling out of court to avoid the uncertainty of a trial verdict. Your attorney will negotiate with the insurer to secure a settlement that adequately compensates for your losses.
- Civil Trial Possibility: Should settlement talks falter, or if there’s disagreement over the compensation amount, your case might go to trial. At trial, your attorney will argue your case, demonstrating the defendant’s liability and the full extent of your damages. The decision on compensation then lies with the judge or jury.
This process involves the dual nature of legal recourse in hit-and-run incidents: seeking justice through criminal penalties and pursuing rightful compensation through civil litigation.
The Importance of Addressing Work-Related Losses Due to Hit and Run Injuries
If your injuries from a hit-and-run prevent you from working, you might be eligible to claim compensation for the earnings you’ve missed out on. This compensation can cover various aspects, including:
- Time off for medical treatments or physical therapy
- Inability to perform your duties due to the injuries and the period of recovery
- Reduced earning capacity or income loss resulting from the injury
- To calculate compensation for time missed at work, your standard hourly wage and regular working hours are considered.
In cases where the injury results in a loss of income or earning capacity, firms like the CEO Lawyer Personal Injury Law Firm may advise consulting a financial expert, such as an actuary or economist, for accurate valuation. Additionally, if the injuries lead to permanent disability or significant physical change, enlisting a certified financial planner might be necessary to assess the financial impact of your losses accurately.
How to Find the Best New York Hit & Run Accident Law Firm for My Case?
When selecting a firm for a hit-and-run accident case, finding someone with deep experience in car accident litigation is crucial. Beware of attorneys who label themselves as “trial attorneys” without courtroom experience.
Their strategy may lean more towards settling cases out of court rather than fighting for your rights in a trial. The defendant’s insurance company must recognize that your attorney is serious about going to trial if necessary.
This awareness is often key to securing a settlement that truly compensates for your damages.
Opting for the legal team’s services at the CEO Lawyer Personal Injury Law Firm ensures that the insurance company is fully aware of your legal team’s track record in taking cases to court. This knowledge can be pivotal in negotiations, encouraging the insurance company to present a fair settlement offer to avoid a trial.
What Are the Most Common Hit & Run Accidents?
Hit-and-run accidents encompass a variety of situations, including:
- Vehicle collisions: This occurs when a driver collides with another vehicle and departs the scene without stopping to provide their information or check on the other involved parties.
- Incidents involving pedestrians: When a driver strikes a pedestrian and then leaves the scene without offering assistance or reporting the event, it’s classified as a hit-and-run involving a pedestrian.
- Property damage: These hit-and-run incidents involve scenarios where a driver causes damage to someone else’s property (such as hitting a parked car, a fence, or a structure) and fails to report the damage or notify the property owner.
Get Help From Our Hit and Run Accident Lawyers at the CEO Lawyer Personal Injury Law Firm!
Injured in a New York hit-and-run? Don’t bear the financial burden alone. The expert personal injury attorneys at the CEO Lawyer Personal Injury Law Firm specialize in managing hit-and-run incidents throughout New York.
Schedule your complimentary consultation today and take the first step towards relief and recovery. Our team is prepared to support you every step of the way, ensuring you receive the dedicated and comprehensive legal representation you need.