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Free Consultations

(212) 697-9280

Free Consultations

(212) 697-9280



Clients are never charged for anything unless we win their case!

How to Prove Your Case for Personal Injury Damages in a New York Car Accident?

Apr 26, 2020 | Car Accidents, Personal Injury

One of the most common causes for serious personal injuries and deaths in the United States is motor vehicle accidents. Unfortunately, automobile accidents are still quite common and rampant despite the significant improvements in safety of cars and advancements made in automotive technology.

In fact, vehicle accident lawsuits and claims are among the most common civil tort cases filed by lawyers today. However, it’s crucial to understand that every vehicle crash does not warrant litigation.

No-fault laws of New York come into force when injuries sustained are not considered serious or there are no injuries at all. These laws are responsible for governing injury claims and restricting recovery. In addition, serious injuries as a result of car accidents tend to have better chances of obtaining successful recoveries.

Car accidents are that class of tort cases, which in most part, are derived from the basic tort principles amounting to negligence. In general, negligence is a term used to describe the lack of ordinary care. It can be better explained as the failure to use a degree of reasonable care which any prudent person would exercise in similar circumstances.

Negligence may constitute the failure to perform an act that any other reasonably prudent person would do under similar circumstances. It may also occur from doing an act that any other prudent person would refrain from doing under similar circumstances.

New York Automobile Accident Laws

Car Accident Attorneys

Every driver under the New York law is required to have insurance in the form of Personal Injury Protection (PIP). This ensures that car drivers get their hospital bills and lost wages covered in the event of a car crash, regardless of who is to be blamed for the accident.

PIP is vital in offering basic protection to motorists, but in most cases it barely covers for lost wages and medical bills because of limits set forth by the insurance provider in the policy.

There is no compensation under PIP coverage for:

  • Emotional distress
  • Pain and suffering
  • Wrongful death damages

It is important that you fight for your rights and recover what is due to you if you suffered debilitating or serious injuries in a crash for which another driver is to be blamed. You need to take prompt action and pursue a personal injury claim with the help of an experienced New York City car accident attorney.

It is important to note that New York statute of limitations offers claimants a limited amount of time to file a no-fault claim after a car crash. You need to take action before it’s too late.

Proving Your Case for Compensation for Your Injury

You would need to prove the following if you want to pursue compensation in an automobile accident injury claim:

  • The other driver breached the duty of care and was negligent
  • The other driver was required to follow due care
  • The other driver’s negligence directly resulted in the wreck
  • You sustained injuries and harm because of the accident

The experienced New York car accident attorneys of Rosenberg, Minc, Falkoff & Wolff, LLP can help you prove these basic elements of your claim with the help of a host of essential legal tools, including law enforcement accident reports, expert testimony from car accident reconstruction specialists, and eyewitness testimony.

We are also qualified to help you negotiate a settlement for your automobile accident losses. If not, we can build a strong case on your behalf in court to ensure you recover adequate damages for your losses. We are here to guide you through this difficult time, whether you were in a minor fender bender or a head-on collision.

New York Statute of Limitations for Filing a Car Crash Claim

There are specific laws in place that dictate the time limits within which an injured person as a result of a car crash can take certain steps for the purpose of protecting their legal rights. If the steps are not taken within the stated time limits, the injured person shall forever be prevented from filing for an adequate or proper compensation.

In New York, injured persons are given a time limit of 3 years from the date of a car accident to bring forward a claim. In addition, the applicable no-fault insurance policy may be used to payloss of earnings and cover medical expenses as a result of a car accident.

The no-fault insurance provider must be provided with certain forms and other information within the specified time limit to obtain this coverage through the applicable no-fault system following a car accident. In New York, this period is stipulated at 30 days from the date of the crash.

It is possible for an insured’s right to payment of loss of earnings and necessary medical expenses to be declined if the required forms and information is not submitted with the insurance provider within the specified time limits.

The failure to adhere to the statute of limitations and bring a lawsuit within its prescribed time frames shall prevent recovery of compensation irrespective of the merits of a case.

What Kind of Compensation Can I Recover for My Automobile Accident?

Car Accident

The amount of compensation that can be received largely depends on the circumstances of your case and the extent of your injuries. Each automobile accident is unique, which means that financial compensation can vary substantially. However, injuries that are more severe in nature with higher medical bills tend to obtain greater financial compensation. The financial award is also affected by the presence of multiple injuries or if several passengers were injured.

There are many other factors that come into play where personal injury recovery is concerned. This includes weather conditions, who was at fault, whether there is a history of driving and road violations, and whether substance or alcohol abuse was involved among other factors. Financial compensation for vehicle accidents has the potential to be as high as hundreds of thousands of dollars.

In certain severe and special cases recovery can also be in millions. You can call the reliable and knowledgeable New York City car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP for a free assessment of your case and to have questions about potential financial compensation answered.

FAQ for Car Accident Claims in New York

Q: Can I file a claim if the accident was partially my fault?

A: New York follows the comparative negligence doctrine which means the court will decide each party’s degree of fault for the car accident and award damages only after considering that percentage. This means you shall be awarded restricted compensation on the basis of your degree of fault.

Q: The other driver’s insurance company has contacted me. Should I speak with them?

A: You should refrain from speaking to the insurance provider until you have consulted with an attorney. In any case, it is always recommended to have your lawyer communicate with the other driver’s insurer. Insurance adjusters are notorious for twisting victim statements to avoid paying for damages.

Q: Should I accept the settlement offer made by the insurance company?

A: You shouldn’t accept or decline any offer until you have spoken with your attorney. Insurance providers will do their best to lowball you into accepting a figure that is much lower than what you deserve. A knowledgeable car accident attorney shall be able to help you understand your case and determine an adequate settlement amount.

Q: What to do if I cannot pay for an attorney?

A: You don’t have to worry about that since most reputable personal injury lawyers do not ask for an upfront fee. Attorneys usually work on a contingency fee basis which means that they will collect their charges from the settlement they obtain for you. Generally, legal costs make up for a third of the overall recovered compensation.

You Need a Seasoned Personal Injury Attorney in NYC

It can get difficult and confusing to understand or consider legal matters when you or a loved one has been injured and is suffering. Filing a claim or haggling with insurance providers is probably the last thing on your mind when you are struggling to survive.

This is where the friendly and reliable expertise of the personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP comes in. We have the commitment and tenacity of purpose required to negotiate with insurance providers on your behalf. We are known for our steadfast and focused efforts in getting our clients the compensation they deserve.

We believe the circumstances surrounding each car accident are different. This is the reason why our staff always treats each individual lawsuit as unique. The type of arguments our attorneys make and the research our staff does depends a lot on the kind of vehicle accident you had and the laws pertaining to the accident.

At Rosenberg, Minc, Falkoff & Wolff, LLP we pride ourselves on our exceptionally high success rate. We have helped over 95% of our car injury clients obtain compensation for their injuries. We work on a contingency fee basis, which means you don’t have to pay anything till we win the case for you. Give us a call today at (212) 697-9280 for a free, no-obligation consultation. You can also schedule an appointment by using our online form.