How To Make Sure That You Receive Full Compensation in Your Kings County Car Accident
When the rest of the country (or the rest of the world, for that matter) thinks of Brooklyn and Kings County, they think of cars – lots of cars and lots of people. Images of cars jockeying for position on the roads and highways, attempting to make it to their destinations as expeditiously as possible while trying to avoid pedestrians and other motorists on the road. As anyone who has driven in Kings County can attest, this is indeed an arduous task. Drivers of cars in Kings County (like the drivers of most other vehicles anywhere else in the country) are only human and are therefore prone to making mistakes and errors in judgment. This means that car collisions and accidents are a fact of life for Kings County residents and visitors.
While car accidents may happen for reasons beyond a person’s control, that person does not simply have to passively accept the consequence and results of the crash. Persons who are involved in a car accident in Kings County and who have suffered severe or life-altering injuries, as a result, may be eligible to file a car accident lawsuit. A successful lawsuit can provide an injured driver or passenger with financial resources that are badly needed in the aftermath of such horrific crashes.
Who Should File a Car Accident Lawsuit in Kings County?
Unlike many other states, New York is one of a few states that do not give every person injured in a car wreck the legal ability to file a lawsuit. Because of the state’s “no-fault” insurance laws, a majority of the injury car accidents occurring in Kings County end with each injured person’s own insurance paying for their insured’s own losses. It does not matter (in these circumstances, at least) who is “at fault” or responsible for causing the collision. For these individuals, there is no right to file a lawsuit seeking additional compensation from the “at fault” party. This type of setup enables injured motorists and passengers to receive payment of their claims promptly; however, there are drawbacks to this setup as well.
One of the biggest drawbacks of this “no-fault” insurance arrangement is that in serious or catastrophic car accidents, injury victims are often left with more expenses and costs than benefits. A catastrophic car accident in Kings County may result in the victim incurring hundreds of thousands of dollars in medical bills, lost wages, and other expenses, but his or her insurance policy may only cover a small fraction of these. To address these situations, New York’s “no-fault” laws contain exceptions allowing individuals who have one or more of the following to file a lawsuit:
- People who have lost a limb as a result of the accident;
- Individuals who are permanently disabled because of the collision;
- People who have sustained serious disfigurement or scarring in the accident.
Such lawsuits are typically filed against the driver, who is primarily responsible for causing the collision and his or her insurance company. Depending on the facts and circumstances of the collision, there may be other parties – people and/or companies or agencies – from whom compensation is sought. Such a lawsuit is successful if the injured motorist is able to show (1) someone else drove a vehicle or otherwise acted in a negligent fashion; (2) that careless or reckless behavior caused the car collision; (3) the injured person’s injuries were caused by the car accident; and (4) the injured person’s losses, expenses, and injuries can all be adequately compensated by ordering the at-fault person or persons to pay a monetary damages award.
Experienced attorneys with Kings County car accident law firm Parker Waichman LLP are eager to assist injured Kings County motorists in determining their legal rights and, if necessary, filing a car accident lawsuit.
What is Negligent Conduct in a Kings County Car Collision Lawsuit?
One of the first things that a severely injured car victim will need to prove if he or she is to succeed in his or her lawsuit is that the other driver or person involved acted in a negligent manner. “Negligent behavior” is, essentially, careless behavior – doing something that no reasonable person would do in the same situation. The following behaviors have been considered “negligent” by courts hearing car accident lawsuits
Driving too fast for conditions: Everyone is in a hurry anymore, but having a doctor’s appointment in five minutes across town or wanting to get home before a storm rolls in does not excuse someone from traveling at a speed that allows him or her to stop safely in the event of a hazard or emergency, or that allows him or her to adequately scan the streets and sidewalks for approaching cars, crossing pedestrians, and other potential dangers. When traffic is congested, pedestrians are out and about, or the roads are slick, it can be considered negligent for a motorist to go too fast.
Disobeying traffic laws: Violating the traffic laws of the State of New York is almost always considered careless or negligent behavior (because reasonable people always obey the law). For most traffic laws, it is immaterial whether the violation was deliberate or occurred through carelessness. So, for example, it can be considered “negligence” to run a stop sign no matter if the driver saw the sign and chose to ignore it or if the driver did not see the sign at all.
Driving while under the influence or driving while distracted: Alcohol, drugs, cell phones, other passengers in the car, or a lack of sleep can all interfere with a person’s ability to concentrate on performing several tasks at once – like drivers must do if they are to drive safely. Choosing to drive under these circumstances is not only careless; it may even be considered reckless behavior – or worse! Reasonable individuals would ask someone else to take the keys, put down their cell phones while driving, and/or not set out unless they have had adequate rest.
Operating a vehicle with a defect: Car defects have made the news in recent years. These include troubles with “driverless cars,” “sticky” gas pedals, defective airbags, and other dangerous problems and issues. A motorist who ignores known or obvious defects and chooses to operate such a vehicle not only puts him- or herself at risk of a serious or fatal injury, but others as well.
In these and other cases, it is easy to see that someone acted carelessly or negligently. In other situations, it may not be as obvious. In either situation, it is usually helpful – and many times necessary – to conduct an investigation to determine who was negligent and how they acted carelessly. This investigation can involve speaking with eyewitnesses to the crash, examining the accident scene itself and looking at tire skid marks and the debris field, downloading and examining data contained on a car’s event data recorder, and/or speaking with expert witnesses like medical doctors and accident reconstruction experts. This sort of investigation is time-consuming and costly for most individuals; however, by partnering with a resourceful and well-connected Kings County car accident law firm like Parker Waichman LLP, injury victims can take advantage of the firm’s connections, resources, and time while they focus their attention and energy to recovering physically and mentally.
What Distinguishes Parker Waichman LLP from Other Law Firms
Common complaints people may have about their attorneys are that the attorney charges too much, doesn’t return phone calls and e-mails in a timely manner, and/or that the attorney takes too long to resolve the case. Parker Waichman LLP is different. Our firm has been recognized in the Best Lawyers publication, received a perfect “5 Dragons” (out of a possible “5 Dragons”) from LawDragon.com, and has received the coveted “AV Preeminent” Rating from peer-rating firm Martindale Hubbell®. We have earned these honors because of the way we treat our clients and represent their interests in court. Our firm will:
Handle your case on a contingency fee basis. This enables us to get to work right away on a client’s case without the client having to pay for attorney’s fees or deposit a large retainer. If our firm succeeds in obtaining compensation for our clients, then we are paid a portion of the amount we are able to recover. If our firm is not successful, then our clients do not owe us any attorney’s fees.
Keep you informed about the progress and status of your case. Clients can rest assured that Parker Waichman LLP takes proactive steps to ensure clients are always kept informed about the status of their cases and are involved in critical decisions that may need to be made during the case. Clients of Parker Waichman LLP are not kept in the dark about what is going on with their cases.
Work quickly to bring your case to a successful resolution either through settlement or trial. Some Kings County car collision cases can be resolved through a settlement agreement, where the at-fault party agrees to pay a certain amount without the necessity of a trial. Other cases can only be resolved through a trial. In both situations, Parker Waichman LLP knows time is of the essence for many of our clients, and we keep pushing to get our clients’ cases resolved as quickly as possible.
Clients can learn more about the benefits of retaining Parker Waichman LLP to represent them in their own Kings County car accident lawsuit by calling the firm and setting up a free, no-obligation initial case review with a member of the firm’s legal staff.
Now is the Time for Kings County Car Accident Injury Victims to Take Actio
Time is not on the side of those hurt in Kings County car collisions. This is due to New York’s three-year statute of limitations. The statute of limitations prevents injured motorists and passengers from filing lawsuits and pursuing claims for compensation if over three years have passed between the time the car accident occurred and the time the lawsuit is filed. What is worse, there are very few exceptions to this time period – even time spent recovering in therapy or having to deal with financial complications from the car accident do not extend the statute of limitations period. This is why it is so important to retain legal assistance as soon as possible: to help ensure one’s lawsuit is commenced in a timely manner and without violating the statute of limitations.
Speak with Your Knowledgeable and Caring Kings County Car Collision Law Firm Soon
Parker Waichman LLP is waiting to hear from you and assist you with your Kings County car accident injury case. Contact our firm today and schedule your free case review and let us put our talent and resources to work on your behalf. Call our firm at 1-800-YOURLAWYER (1-800-968-7529) or write to us using our firm’s website.
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