What Damages Can I Recover In Long Island For My Car Accident Claim
The damages you may be able to collect are dependent on the severity of your injuries and the circumstances of your accident. At Cohen & Jaffe, we may review invoices, bills, and other relevant receipts to determine the value of your past and future losses.
Recoverable damages in a Long Island car accident claim may include medical bills, property damages, lost wages, reduced earning capacity, emotional suffering, permanent disabilities and disfigurement, physical therapy, paralysis and more.
What Is The Statute Of Limitations For Filing A Car Accident
Dictated by the statute of limitations, a person has two years from the date of the accident to file a lawsuit against a negligent driver. However, it is beneficial for a person to file a claim as soon as possible. Evidence disappears, witness testimony becomes unclear with time, and a persons own memories of what happened could start to fade. It could be vital to seek the help of a Long Island car accident attorney who can help you adhere to the strict deadlines and recover compensation as soon as possible.
Ways Our Skilled Attorneys At The Law Office Of Cohen & Jaffe Can Help You After A Car Accident
At the Law Office of Cohen & Jaffe, LLP, we will build your case per the American Bar Associations guidelines. For your case to be successful, your legal team must prove how the at-fault party in your collision acted negligently. From there, we can get to work negotiating with the liable partys insurance company or attorneys. We also take a personalized approach to every case to ensure each client gets the representation they deserve for their unique needs. Some ways our attorneys can build a strong case include:
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What Information Should You Collect Immediately After A Crash
While at the scene of the crash, do your best to ensure you collect the following information/data if youre physically able:
Common Types Of Car Accidents
The type of car accident you experience can affect the severity of the accident. A rear-end collision may not be as serious as a head-on collision, but it doesnt mean that a lawsuit shouldnt be filed if the insurance company refuses to take all of your damages into account or the negligent driver was reckless with not only their health and safety, but the health and safety of those around them.
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Injury Lawyers Will Fight For Your Rights
The insurer will work hard to convince you that you deserve a much lower settlement than you actually need. One wrong move could leave thousands of dollars on the table. On the other hand, having an experienced and compassionate lawyer on your side means you have someone who knows how to advocate on your behalf for the best deal possible.
A good general rule is that the more serious your injuries and your case, the greater need you have for a personal injury lawyer. Thats because the stakes are higheryou can lose out on a lot of money that you need to get better.
Know The Laws That Protect You On Long Island
Every driver in New York is required to purchase Personal Injury Protection insurance, otherwise called No-Fault insurance, which covers certain lost wages and medical bills for you, your passengers, and pedestrians if you are ever involved in a car accident, regardless of who or what was at fault.
However, PIP insurance does not cover:
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Economic Damages From Car Accidents
These may include:
- Medical bills, including the cost of emergency room care, hospitalization, diagnostic testing, surgery, physical therapy, medications, and more
- Future medical bills, reflecting treatments and medical care you will be expected to require for your auto accident injuries
- Lost wages, if you missed paychecks due to recovery
- Reduced earning capacity, if your ability to earn income will be expected to continue affecting you in the future
What Should I Know About Carinsurance
It is common for New York drivers to suffer from inclement weather and consistent traffic that increases their risk of car accidents. As a result, drivers should ensure their vehicles are adequately insured. The state of New York requires car insurance for drivers who wish to register their vehicles. When a driver is involved in a car accident, their insurance protects them from personal liability.
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Long Island Car Accident Faq
The trauma of a serious car accident can be a lot to overcome, in more ways than one. In an effort to reduce the information overload youre probably experiencing, weve provided a brief FAQ below with the answers to some of the most common questions car accident survivors like you have had regarding their claims. Questions not answered here can be discussed during your complimentary consultation.
How Your Lawyer Gets Paid Upon Settling Your Claim
If your lawyer is successful and wins you money in your case, they will typically receive your settlement check directly. That way, the lawyer can take out their percentage as their contingency fee for their services.
After they receive your settlement check, your lawyer should contact you to let you know. They will then provide you with an itemized list containing their own fee and any other expenses or costs involved in the case. Those will be taken out, and you will then get paid the remaining balance from your settlement.
This process works well for many clients because it allows you to get paid without having to worry about paying your lawyer out of pocketand theres no reason to stress about fees or costs while the case is happening.
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Communicating With Your Legal Team
As previously mentioned, every case is important to us, and that is why we are always engaged with our clients. We will keep you informed about the progress of your case, update you when there are new developments, and make sure that you are prepared for every step in the litigation process. We are also available to discuss all of your concerns and answer your questions.
What Do I Do If I Have Been In An Accident While I Was A Pedestrian
If you are a pedestrian, move to a safe place if you are able. Try to take a picture of the driver, the vehicle, and the license plates in case the driver flees. Report the accident immediately, and then seek a full medical evaluation as soon as possible. The drivers no-fault insurance policy must pay for your injuries, and you may be eligible to seek further compensation from their liability policy. Click here to read more.
There are many possible injuries, including:
- Soft tissue damage
- Cuts, scrapes, abrasions, burns
Some injuries are difficult to detect, such as whiplash or a broken rib or collar bone. Always receive a full medical evaluation after your accident, even if you do not feel hurt. .
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How Much Time Do I Have To Take Legal Action For My Case
In injury cases, the statute of limitations restricts the time you have to file a lawsuit. Per New York law CPLR § 214, this is typically three years for personal injury cases.
For wrongful death cases, you generally have two years, per EPTL § 5-4.1. If you miss the deadline, you may no longer be able to seek fair compensation for your injuries, medical costs, lost wages, etc.
You should take steps to begin your case as soon as possible for this reason. Additionally, there are some situations which may shorten these time periods. You could have as little as 90 days to act.
Seeking legal help at the outset will give you and your attorney a head start in building strong evidence for your case. Someone from our team will immediately work to preserve the evidence that may make the difference in proving fault and liability.
Recovering Medical Costs And Expenses
In the aftermath of an accident, you might face surgery and years of physical therapy. You may be limited more or less permanently, which could affect your ability to perform occupational duties . Even when your hospital bills are partially covered by insurance, there still may be deductibles, copays, and other expenses to consider.
You may have bills for physical therapy, chiropractic visits, or other care and treatments. Insurance companies will try to avoid paying your costs. At The Matera Law Firm, our car accident attorneys have experience in helping people with serious injuries. Our experience allows us to make the most of negotiations with insurance companies.
No-Fault? No Problem!
New York is a no-fault state. This means that each person who is involved in an accident must use their own insurance provider as a first recourse for compensation. Regardless, you may still have the option to pursue compensation from the negligent party or parties who caused your accident. A skilled car accident lawyer will review the facts of your case and help you to determine the best course of action.
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Handling All Types Of Car Accidents
We represent clients who suffered catastrophic injuries in Long Island car accidents. This includes cases involving traumatic brain injuries, burn injuries, spinal cord injuries and more. We also represent families who lost a loved one in a fatal car accident. Whether a negligent driver rear-ended your vehicle, hit it head-on or caused another type of car accident, we can help file a strong lawsuit.
The Decision To File A Lawsuit
There are several reasons why your lawyer may recommend suing the at-fault driver or another liable party based on the circumstances of your case.
For example:
In all accident cases, it is necessary to prove you suffered an injury. In a motor vehicle accident case, the injury must be what the law considers a serious injury. Oftentimes, an injury may limit the degree to which you bend your neck, back, arm, knee, etc. These limitations can be crucial evidence in proving…
In this series, we are covering the questions we hear most often about New Yorks no-fault benefits from auto insurance. New York along with 11 other states and Puerto Rico have no-fault auto insurance laws that require drivers to purchase personal injury protection as part of the policy. The details of these laws and extent…
If you were hurt in a car accident, no-fault insurance might just give you the help you need. If you live in a handful of states including New York, you might have filed for no-fault benefits and have some questions. What happens next? What kind of treatment is paid for? Where do you go for…
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Driving Under The Influence
Driving while intoxicated is extremely dangerous. If the driver has a blood alcohol concentration beyond 0.08 percent, they are over the legal limit. This does not only include drunk drivers while driving it incorporates drivers who have had either alcohol, drugs, or prescription medication. Driving while intoxicated needs to be taken more seriously because someone dies due to an alcohol-related crash every 48 minutes in the United States.
Additionally, the at-fault party may not just receive a civil claim by the victim, but they can also face criminal charges. Instead, do not drive while under the influence of any substance.
Elements Of A Car Accident Case In Long Island
If your accident was potentially caused by negligence, your lawyer will need to prove four distinct but related elements. These include:
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A Tradition Of Maximum Compensation
Here are just a few of the examples from our recent case results:
- A 52-year-old client was injured when another driver made a left turn in front of her. She experienced back injuries that required surgery.
- A retired school teacher was struck by another vehicle. She suffered several fractures and a collapsed lung.
- A college student was hit by a car upon exiting his vehicle. He fractured his leg in the collision.
- A young girl was hit by an out-of-control vehicle. Her fracture required surgery.
- A nurse injured her back in a car accident that occurred through no fault of her own.
- A retiree was struck by a vehicle, resulting in a serious knee injury that required surgery.
- A clients back was severely injured in a car accident.
Our attorneys won judgments in all of these cases. In the final example, the client received a $1,000,000 judgment. The other clients received impressive judgments, as well. None of these clients expected to need a car accident lawyer. Despite the unfortunate circumstances, all were glad that they found the accomplished personal injury lawyers at Matera Law Firm.
How Can A Long Island Car Accident Lawyer Help
Processing car accident claims can be difficult. It is important to contact a Long Island personal injury lawyer experienced in car accident cases as soon as possible. Aggressive and distracted driving are common causes of road accidents, as well as talking, eating, drinking, and using a cell phone use. Common injuries from a car crash include brain trauma, injuries to the spine, neck injuries, and fractures. Those injuries may leave victims with severe pain and suffering, disability and discomfort.
Whether you have been injured in a car accident, truck accident, or any other motor vehicle accident, you may need compensation for your medical bills, lost wages, and other expenses. If another driver was at fault, his or her insurance provider may try to limit or deny your claim or pay you far less than you deserve. Insurance companies know our personal injury firm, either by prior encounters over our 35-year existence or by the reputation we have earned, and they know that we are always fully prepared to fight to the end for our clients.
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Injuries Common In Car Accidents
Car accidents occur frequently in Long Island and all throughout New York. As a result, many individuals suffer serious injuries. Even more difficult is when these injury-causing accidents are the result of someone elses negligent actions.
These types of situations often require those involved to pursue medical treatment, as well as potential legal options. However, when you have a lawyer on your side, you can have someone focus on your legal matters while you focus on your own physical and mental recovery.
Knowing which injuries are commonly caused in car accidents is important so you can really understand the treatment options and what to do next. Here are some of the injuries that are commonly caused in a car accident:
- Post-traumatic stress
Talk To A Long Island Car Accident Attorney Now
If you have been injured in an auto accident, contact The Tadchiev Law Firm, P.C., today. We understand how difficult and stressful an accident can be. Our Long Island car accident attorneys are focused on providing you with the aggressive advocacy and personalized service you deserve.
Our firm always goes the extra mile for our clients. We keep a smaller caseload so that we can give you the attention you need.
When you have been injured in a car accident, focus on your health and let us fight for the compensation that you deserve. Contact us today for your free case review.
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What Are The Most Common Causes Of Car Accidents On Long Island
Car crashes cause the most injury-related fatalities on Long Island every year, according to the state Department of Health, and many of these accidents happen due to driver negligence. When people are distracted or they make dangerous decisions while driving, they put other motorists at risk of injury.
At Parker Waichman, weve been litigating Long Island car accident claims for many years, and some of the most frequent types of negligent driver conduct include:
- Driving too fast for the conditions or above the speed limit
- Changing lanes unsafely
- Driving under the influence of alcohol or drugs
- Using a cell phone while driving
- Distracted driving behaviors, such as reading or eating
- Falling asleep at the wheel
- Insufficient vehicle maintenance, such as worn-out brakes or no power steering fluid
- Ignoring or missing stop signs, stoplights, or other traffic signals
Multitasking is common nowadays, and people often see driving as downtime when they can do other things. But driving is not something you can take your attention away from for any length of time: Conditions on the road can change in a second, and drivers need to be prepared to react. Driving is not a time to multitask and those who attempt it can end up causing a serious accident, leaving victims with traumatic injuries. If this has happened to you, a Long Island car accident lawyer with our firm can help you seek justice.