A premier national law firm dedicated to the recovery of those injured in car accidents and other catastrophic events. Long Island, New York residents rely heavily on the safety of our roads for travel to work, visit NYC, see family, and more. Yet, safe travel while driving in Long Island is not guaranteed due […]
A premier national law firm dedicated to the recovery of those injured in car accidents and other catastrophic events.
Long Island, New York residents rely heavily on the safety of our roads for travel to work, visit NYC, see family, and more. Yet, safe travel while driving in Long Island is not guaranteed due to the many road risks that can lead to an auto accident. When related injuries arise in these events, our Long Island car accident lawyers are here to offer their experience and passion for defending your legal rights to compensation. Over the years, we’ve helped our clients recover more than $2 billion in compensation through settlements and jury awards.
Learn about the common causes of accidents in Long Island, the New York laws that could affect your case, and other information to consider in the recovery process if you or a loved one has been recently involved in an accident.
The types of car accidents that result in driver liability are those where the driver’s action or inaction contributed to the cause of the accident. We explain the legal aspects of this concept in more detail below, but know that identifying a driver’s liability is not always straightforward because various factors could contribute to an accident’s cause.
For that reason, it’s crucial to meet with one of our car accident attorneys as soon as possible following an accident — while the events are fresh in your mind — and we can help find parties that might be liable.
The biggest priority after a car accident is to get to a safe environment. The collision scene can be a dangerous place where further accidents and injuries occur. Get yourself to a safe location and seek emergency help from Long Island’s roadway patrol. Remember to call 9-1-1 if there are any life-threatening injuries at the scene. If not, you can contact your local authorities directly and request a patrol car sent out. As soon as that is complete, consider the following actions:
Collecting evidence following a car accident in Long Island will depend on the nature of your injuries and overall physical condition. Assuming you are able, collect as much evidence and information about the accident as possible while you are on the scene. Use the camera on your cell phone or a notebook to write down important facts such as the time of day, weather, and other surrounding circumstances.
It’s ok if you can’t collect all the available information right after the incident occurs. Part of our law firm’s job is to manage the investigative process for your accident, which includes gathering accident reports, insurance adjuster reports, medical records, and more.
How the facts of your car accident apply to New York’s personal injury laws are what will determine your ability to recover financial compensation from (potentially) responsible parties. When you file a lawsuit for damages from a car accident it is usually under a theory of negligence, a term for when another party acts unreasonably, causing you injury.
In the litigation process, our attorneys will work to prove the liable driver was negligent, thus responsible for the accident, by establishing the following:
When a driver’s actions violate a New York traffic law, it can make it easier to establish your claim for damages through a principle negligence per se. In these cases, the state of New York presumes the driver was negligent because they failed obey other applicable driving laws. Common examples where negligence per se could arise in your case are for injuries from a drunk driver or when a driver runs a red light at an intersection.
Another important twist in New York’s laws for personal injury lawsuits involving a car accident is the concept of comparative negligence. Under NY CPLR Section 1411, you must be able to prove the driver’s conduct was the cause of the car accident by 99% to succeed in your case and receive your full compensation. However, actions that contribute to the cause of accident often come from multiple parties, and sometimes, this includes the injured person.
In these scenarios, New York applies a rule of comparative negligence, which limits the amount an injured party can recover based their level of fault in the accident. This is a question of fact the jury in your case will determine by assigning a percentage of fault to you and the other drivers. For example, a case with a $100,000 judgment in the plaintiff’s favor would lower to $80,000 if the plaintiff were 20 percent responsible for the injury.
New York limits the amount of time an injured party can file a claim for personal injury compensation to three years from the date of the accident. Missing the deadline results in the court dismissing your claim, barring you from obtaining compensation. Limited exceptions could extend New York’s statute of limitations in your case, but it is often better to file as soon as possible while evidence is fresh and the defendant is still available to file lawsuit against.
Injured victims of a New York car accident can recover two different types of damages that are known as economic and noneconomic. Economic damages are meant to reimburse the quantifiable costs associated with your injury. This could include:
You can also recover noneconomic damages, representing your pain and suffering from the car accident. Remember that New York does not place caps on the damages a person injured in a car accident can recover from a liable driver.
Below are some answers to other frequent questions from clients and their families about personal injury lawsuits following a Long Island car accident.
A car accident lawyer serves as a knowledgeable representative and advocate for your legal interests after a car accident. Our value is in our ability to navigate the legal system on your behalf in an effort to maximize the compensation available to you while taking your needs into account, such as the desire for a speedy resolution.
The ultimate benefit of hiring our Long Island car accident attorneys is the ability to lean on our years of experience managing these types of cases, which gives you the knowledge to make informed choices about your case when it comes to key decisions — like accepting a settlement or pushing a case to trial. Access to information is power in personal injury cases to defend against low-ball settlements by insurance companies and to avoid issues that could jeopardize your right to compensation.
Our car accident lawyers manage all aspects of the personal injury lawsuit from start to finish.
We carry the weight of the work, so you can focus on your medical recovery and on other aspects of your well-being. As a part of the process, our work usually involves the following:
Every law firm and attorney have the right to charge fees for the work of obtaining compensation on behalf of a plaintiff in a personal injury case. At Parker Waichman LLP, we charge a contingency fee for our services to clients. Under this payment structure, we receive a portion of the proceeds you receive via settlement or judgment, which usually ranges between 25 and 40 percent. With a contingency fee, you don’t have to worry about paying lawyer fees upfront because we only get paid when you do.
While no precise answer exists to this question, hiring a personal injury attorney as soon as possible after a car accident is generally a good idea. Involving professional help early in the process can be useful in several ways.
First, we can set reasonable expectations for your case so you can make prudent life decisions moving forward. Second, we can intercept communication from insurance companies and opposing counsel who may be looking to make a quick settlement before you can properly evaluate possible claims. This is especially important in cases where the injuries are severe and the potential damages high. Third, it could lead to a faster resolution because our attorneys are able to file a claim and begin to attempt negotiation with the liable driver’s attorney.
The time needed to settle a Long Island car accident lawsuit will vary from case to case. In general, the process can take anywhere from several months to over a year. The time it takes often depends on circumstances like the number of disputed facts, administrative delays in the judicial process, and the willingness of the parties to settle.
Car accidents are an unavoidable risk of driving throughout Long Island, New York City, and other parts of the state. When a collision occurs that causes you injury, it’s important to evaluate your options for financial compensation before filing deadlines pass. Take a moment to exercise your legal rights by scheduling a consultation with one of our Long Island car accident lawyers.