How To Make Sure That You Receive The Largest Settlement Possible for Your Manhattan County Car Accident
Parker Waichman LLP understands the pain, emotional trauma, and financial uncertainty their clients face after a Manhattan County auto collision. Parker Waichman LLP’s car accident attorneys aggressively fight to recover the damages their clients deserve for their Manhattan County car accident so that their clients can have peace of mind knowing they experienced justice.
How to Be Certain You Have Achieved the Best Results Possible for Your Manhattan County Car Accident
Manhattan County car accident victims who chose Parker Waichman LLP to represent them in their legal claim for financial compensation knew from their first meeting with an accident lawyer from Parker Waichman LLP that the firm would handle their claim aggressively, diligently, and efficiently. With Parker Waichman LLP’s documented track record of success of over $2 billion in financial compensation recovered for their clients in personal injury actions, Parker Waichman LLP’s clients are confident that they will obtain the settlement their circumstances demand.
Parker Waichman LLP Advocates for Justice
The Manhattan County car collision attorneys with Parker Waichman LLP put their clients’ interests above all. Parker Waichman LLP does not resolve cases with nuisance settlements or drops clients when the case becomes too difficult. On the contrary, Parker Waichman LLP’s accident lawyers understand that justice is done by fighting relentlessly for their clients and aggressively advocating for them. Parker Waichman LLP’s mission is to hold wrongdoers responsible for their actions so that their clients receive just financial compensation.
Car Accident Injuries Significant Enough to Make a Claim in New York?
Motor Vehicle Collisions in Manhattan County
Residents and visitors alike know that driving in Manhattan is exceedingly difficult. The congestion of the city forming gridlock at many intersections makes getting around very hard. Additionally, motorists who are unfamiliar with the traffic patterns and street layout of Manhattan tend to drive cautiously, which disrupts traffic flow and creates hazardous situations. To be sure, even the savviest Manhattan County motorist can become overwhelmed by the steady stream of taxis, box trucks, motorcycles, bicycles, and pedestrian traffic.
Manhattan County Auto Accident Statistics
The New York Police Department maintains monthly statistics regarding collisions at every intersection in Manhattan. The raw data proves that danger is around every corner. NYPD responds to thousands of car accidents each year and receives reports of thousands more every year as well. In 2017, NYPD received reports of 14,442 accidents. Among those, there were 39 fatalities, 8,275 reports of personal injuries of varying degrees and 6,128 reports of property damage only claims.
The preliminary data compiled thus far in 2018 suggests that there could be as many as 14,780 if the current pace of car accidents remains steady. To date, 12 people have died, and 4,743 suffered injuries in Manhattan County car crashes.
Car Accident Injuries in Manhattan County, New York
Most of the accidents reported in Manhattan County result only in property damage. The threshold for reporting damage to police is $1,000.00 of estimated damage. Notwithstanding, the statistics recited above indicate that over half of the traffic accidents in Manhattan County result in some degree of personal injury.
Parker Waichman LLP’s Manhattan County traffic collision lawyers handle numerous personal injury claims for financial compensation for:
- Wrongful death,
- Catastrophic injuries,
- Traumatic brain injuries,
- Broken bones,
- Dislocated joints,
- Scarring and disfigurement,
- Amputated limbs,
- Crushing injuries,
- Whiplash and other soft-tissue injuries,
- Spinal cord injury, and
Causes of Motor Vehicle Accidents in Manhattan County
Car accidents occur in Manhattan County for a variety of reasons. Many of those causes relate to driver inattention and failure to observe safe driving behaviors. According to the statistics maintained by the NYPD, the following acts are the most common contributing factors in car accidents in Manhattan County:
- Road rage or aggressive driving,
- Consumption of alcohol,
- Failing to back safely,
- Use of hand-held cellphone,
- Use of hands-free cellphone,
- Distracted or inattentive driving,
- Consumption of illegal drugs,
- Food or drink consumption,
- Not staying to the right,
- Refusing to yield the right of way,
- Fatigued or drowsy driving,
- Falling asleep behind the wheel,
- Following excessively close to the car in front,
- Falling ill while driving,
- Distracted by the use of headphones,
- Improper or unsafe lane changes,
- Physical problem,
- Consumption of prescription medication,
- Taking evasive action in response to influence outside of the car,
- Texting while driving,
- Ignoring the traffic signal,
- Improper turns,
- Traveling at an unsafe speed,
- Distracted by GPS use,
- Defective vehicles, and
- Environmental factors such as solar glare, wet pavement, obstructed views and the like.
Some of the listed factors are more prevalent than others. Notwithstanding, the majority of contributing factors suggest that human error plays a substantial role in causing an auto accident in Manhattan County.
Proving Liability in a Manhattan County Car Collision
Nearly all of the claims for damages resulting from auto accidents is based upon a claim of negligence on behalf of one or more of the drivers involved in a collision. Some claims can be based on recklessness, such as an accident involving a drunken driver. Claims of recklessness are not as common as allegations that the operator of a vehicle that caused the accident drove negligently.
Under the law of negligence in New York State, the claimant, or plaintiff, must prove four things, or elements. The elements of negligence are:
- The presence of a duty of care. In New York, each driver owes a general duty of care to every motorist, bicyclist, and pedestrian on the road;
- The driver committed an act carelessly or failed to drive carefully under the circumstances requiring that person to do so;
- The failure to drive safely caused an injury or killed another; and
- The victim of the other’s negligence suffered damages.
New York State’s No-Fault Law Applies to Manhattan County Auto Accidents
The “No-Fault Law” of New York may be found in Article 51 of the Insurance Code. No-fault laws, in use in varying degrees in most states at this time, is a product of tort reform. The hypothesis supporting tort reform suggests that people are taking advantage of the insurance system in the U.S., which results in elevated insurance costs for all people who need auto insurance.
Despite the consumer protection benefit that tort reform advocates tout, no-fault laws can hurt people who have suffered an injury in a Manhattan County car accident. Under New York’s no-fault law, the injured person must apply to his or her auto insurer for coverage for medical bills accumulated as a result of an accident. The auto insurer is bound by law to cover those expenses without regard to the relative fault of the parties.
The major limitation on a no-fault insurance scheme is that injured parties cannot collect non-economic damages such as pain, suffering, or mental anguish. Fortunately for plaintiffs who have suffered serious injuries, Article 51 allows an injured party to seek compensation from the third-party insurer if an exception to the no-fault law applies. The exceptions are known as the serious injury threshold. The serious injury threshold is available to a claimant if he or she alleges:
- Wrongful death,
- Basic economic loss stemming from medical bills and lost wages exceeding $50,000.00,
- Disfiguring injuries of a significant nature,
- Permanent damage of the use of a body part, organ, or bodily system,
- A substantial limitation to a body part,
- Permanent injuries, or
- An injury determined by a qualified physician that lasts for at least 90 days during the first 180 after the accident that prevents a person from performing all of the acts that constitute the person’s daily activities.
Statutes of Limitations in Manhattan County Accident Claims
The statute of limitations in Manhattan County, and the rest of New York State, for car accident claims, is three years. Failing to satisfy this deadline is fatal to a damage claim. The insurance company, on behalf of their insured, would have an absolute defense to a damage claim if the plaintiff fails to file a claim before the third anniversary of the accident that caused injuries. Manhattan County car accident victims should be aware that Article 51 also includes a limitation on damages period. Therefore, any person wishing to pursue a claim for damages for a Manhattan County car collision injury must contact Parker Waichman LLP as soon as practicable after the accident.
Frequently Asked Questions (FAQ) About Manhattan County Car Collision Claims
What type of award can I receive?
The law of New York State permits recovery for various injuries. Exactly how much may be recovered depends on the facts of each individual’s case. Since no two cases are identical, it is impossible to predict what the settlement might be with any precision. Each claim turns on the severity of the injury, permanency of injury, the rehabilitation period, what effect the injuries had on employment, how the collision altered accident victim’s life, in addition to the pain and suffering the person and their family experienced.
Will you charge attorneys’ fees?
Parker Waichman LLP will not charge up-front attorneys’ fees. Instead, they will provide their expert legal services without a retainer and offer representation on a contingency fee basis. That means all of the legal fees will come out of the settlement. If for whatever reason no settlement can be reached, then the firm does not charge a fee. Additionally, the firm will advance the costs of litigation and recoup those out of the settlement as well.
How long do I have to wait for a settlement?
The duration of negotiations is never a set period. Some cases can settle quickly while others take much longer. It all depends upon the case. All of Parker Waichman LLP’s clients know that their lawyers will consult closely with them so an informed decision can be made and do what is in their client’s best interest.
How Parker Waichman LLP help me?
A Manhattan County car collision attorney is first and foremost an advocate. All of Parker Waichman LLP’s lawyers fight to protect the rights on their clients. They will handle all of the necessary negotiations with insurance adjusters and insurance attorneys as well as compile all of the evidence needed to process a claim persuasively and efficiently.
Why Choose Parker Waichman LLP?
Parker Waichman LLP has received several prestigious awards for their work. The awards represent the appreciation others in the legal community have for Parker Waichman LLP and is also recognition of the high level of service they provide to the firm’s clients. Some of the many awards Parker Waichman received are:
- 8 out of 10 Rating by AVVO,
- “Preeminent Lawyers” AV Peer Review Rating from Martindale-Hubbell®
- Ranking of “5 Dragons,” by Lawdragon, a peer review website,
- Listed in Best Lawyers Publication, determined by Extensive Peer Review
Call Parker Waichman LLP Today
The Manhattan County accident injury lawyers are ready to assist you and your family with your Manhattan County auto collision claim. Call Parker Waichman LLP today at 1-800-YOURLAWYER (1-800-968-7529) for a free, no obligation consultation. Calling is taking the first step toward achieving justice for you and your family.
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