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According to New York personal injury law, auto accident victims in Brooklyn are required to collect damages from their own insurance company. This is true even if the accident was caused by someone else. You can seek additional financial compensation from the negligent driver’s insurance provider if the injuries are “serious.” An accomplished Brooklyn car accident lawyer can help you determine grounds for maximum compensation for your injuries and losses.

New York Statutes for Auto Accidents

Duty of care for New York motorists is detailed under NY Veh & Traf L § 1146. Motorists have to take all necessary precautions to prevent collisions with pedestrians, bicyclists, and other vehicles. They are also required to honk their car’s horn to give fair warning before colliding

The statute adds that any motorist that collides with another vehicle, bicyclist, or pedestrian can be held responsible through imprisonment or fine, depending on the nature of the crash. As per the law, an at-fault party can also be held financially liable if they violate the duty of care and cause an accident. You may be able to file a personal injury claim against any motorist that do not uphold their civic duty.

No-Fault Insurance Coverage in New York

You cannot sue for every auto accident in New York. This is even when the other driver is 100% at fault. In general, each party’s insurance provider will pay for the injuries. If a pedestrian or a cyclist gets injured, the driver’s insurance will pay for the damages. With that said, establishing fault is not a priority.

No-fault insurance is helpful in most minor accidents since it covers medical and rehabilitation expenses, lost earnings, and transportation expenses. Moreover, there are limits to the coverage. For instance,

  • 80% of lost wages are covered to a maximum payment of $2,000
  • Maximum of $25 per day for transportation expenses (for medical treatment) and household help
  • $2,000 death benefit

This is helpful in keeping insurance rates low and allows for quicker settlements up to policy limits. Taking this into account, it also leads to less accountability for driver behavior.

Right to Sue after a Car Accident – “Serious Injury” Threshold in New York

The only time a victim has the right to sue for a car accident is when they meet the “serious injury” threshold. You should not hesitate in getting in touch with an accident lawyer Brooklyn NY to identify whether you can sue the at-fault party. These are a few types of injuries in which you can sue the responsible party:

  • Dismemberment
  • Disfigurement
  • Permanent loss of bodily function and system
  • Loss of fetus
  • Temporary disability lasting over 90 days
  • Permanent loss of bodily organ
  • Death

You can get more money by suing the responsible party. This is due to punitive damages, reduced earning, lost wages, and pain and suffering component. If a car accident results in the death of a loved one, the deceased’s estate can also file a wrongful death claim against the at-fault party. A seasoned auto accident attorney in Brooklyn will make sure that all aspects are included in the claim to maximize damages.

Suing for Property Damage Following a Brooklyn Auto Accident

You can sustain losses in a Brooklyn auto accident even when there are no physical injuries. These are usually in the form of property damage. Car accidents can cause extensive damage to the vehicle. At-fault drivers are required to compensate victims for property damage. You can file a claim with the insurance company of the negligent driver if your vehicle was damaged in the accident or you suffered other losses.

You should strongly consider hiring the best car accident lawyer in Brooklyn. This won't just improve the likelihood of you collecting compensation – it will also ensure that the amount is fair and justified. Insurance companies are always on the lookout for denying or reducing compensation. Generally, insurance companies state that there is not enough evidence corroborating the claim.

Car accident claims require detailed investigation. A reputable Brooklyn car accident law firm will have seasoned investigators on their team to prove damages and maximize compensation. Individuals usually don’t have enough time or resources for initiating this process. Your auto accident lawyer Brooklyn will investigate the accident, identify the responsible parties, and gather evidence for you. It takes an attorney to negotiate a fair settlement on behalf of the victim and their family.

Suing for Pain and Suffering After a Car Accident in Brooklyn

Insurance providers are required to compensate for noneconomic damages and are available in many forms. Your Brooklyn accident lawyer may also be able to compensate you for emotional and mental trauma. Even if you were not injured in an auto accident, you may be left with unsettling anxiety and PTSD after the experience.

Anxiety can be disrupting in several ways. For instance,

  • You may have nightmares after the car accident
  • You may suffer from insomnia
  • You may not want to drive again, which may impact your ability to engage in activities and travel to work

A competent Brooklyn car accident lawyer will maximize damages by suing the insurance company for your losses. Furthermore, it can be challenging to prove noneconomic damages. This is especially true if there are no physical injuries. You will need to coordinate with medical professionals to show that your anxiety and mental health concerns are because of the accident. A capable car accident attorney Brooklyn NY will help gather the evidence required for maximizing settlement.

Calculating Accurate Worth of Damages After a Brooklyn Auto Accident

You need to calculate an accurate value of your damages if you want to file a car accident claim in Brooklyn, New York. This can be a challenging process. Most victims receive less than fair compensation because they miss out on including noneconomic damages while calculating the value of the claim.

Experienced Brooklyn vehicle accident attorneys can help you assess the worth of your claim, including the value of emotional distress. Your attorney will help you determine the accurate monetary value of both economic and noneconomic damages. They will look at physical and psychological aspects of the injury.

You may need to visit different medical professionals for determining the extent of emotional trauma. It may be connected to a diagnosable psychological condition or physical ailments. Emotional distress can have far-reaching consequences. In severe cases, it may result in a physical reaction in the body.

People suffering from severe PTSD find it difficult to eat and make lasting connections. You may lose weight because of your incapacity to eat. Stress can have physical symptoms if not managed timely. You may notice skin irritations, headaches, fatigue, and hair falling out from all the stress. Emotional distress doesn’t always show outward physical symptoms.

A seasoned auto accident attorney in Brooklyn may be able to help you get compensation for severe anxiety, panic attacks, and depression. You will be referred to a mental health professional that helps in determining the extent of distress.

Suing a Government Entity After Your Car Accident

There are strict procedures to suing the city after a car accident. You can sue the New York City, its representatives, employees, and other government entities, such as the metropolitan transit authority, health department, and parks department among others. Moreover, you may need to work with a Brooklyn car accident law firm since there are different procedures and limitations for suing a government entity. These are people who have been through the legal battlefields before and know how to survive in a diverse set of environments.

The Notice of Claim has to be filed within 90 days of the event. The city then gets 30 days to request a hearing. You and your Brooklyn car accident lawyer will need to prepare the case within the statute of limitations. You cannot put off taking action if your car accident was with an ambulance or city bus.

Reasons to Hire a Brooklyn Car Accident Attorney

Losing a loved one or getting injured in an auto accident can take a financial, physical, and emotional toll. You can relieve your stress and enjoy peace of mind by having a capable and experienced auto accident lawyer Brooklyn work on your claim. An attorney’s primary goal is to obtain maximum financial compensation.

However, you can also count on your attorney to do the following:

  • Determine who is responsible for the crash
  • Become familiar with the various aspects of the claim
  • Calculate an accurate worth of the claim
  • Respond to concerns and answer all questions
  • Document injuries and gather evidence
  • Provide advice by formulating a legal strategy

The best car accident lawyer in Brooklyn will make sure that all necessary resources are employed towards preparing a solid case. They will gather substantial evidence and negotiate with the insurance company to offer an early settlement that covers all your economic and noneconomic costs.

You should hire an attorney to present your personal injury claim because most insurance providers don’t take claims that are not backed by a reputable law firm as serious. A tenacious accident lawyer Brooklyn NY will not back down till they obtain the compensation their client deserves.

Choose a Dedicated Car Accident Lawyer in Brooklyn to Protect Your Rights

The experienced auto accident attorneys Brooklyn at Rosenberg, Minc, Falkoff & Wolff, LLP vigorously pursue appropriate legal remedies for clients and their families. Our attorneys will pursue compensation covering your specific injuries and losses with grit and determination. Our strong track record of success makes us one of the leading law firms for handling complex civil litigation matters. To schedule your free consultation, call us at 212-344-1000 or fill out this online contact form.


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New York, NY 10168

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Queens, NY 11435

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The Bronx, NY 10451

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Brooklyn, NY 11238

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