Car accidents happen when you least expect them. The devastating injuries resulting from the accident can leave you and your loved ones in a state of shock. While you are trying to cope with the pain and suffering, you also may face worries about the mounting medical bills and loss of income because of inability to work.
If your car crash occurred due to another’s fault, under New York personal injury law you have a right to seek financial compensation from the negligent driver and their insurance company. Your best bet in this situation would be to get strong legal representation from a top-rated New York car accident attorney who has the skills, resources, and experience to take on the defendants and get you the damages you are entitled to.
A Personal Injury Attorney Can Maximize Your Compensation
Car accidents can be devastating, and even if you don't have any severe injuries, you could be left with costs for medical treatment, lost wages from missed time at work, and property damage. It's also possible that the at-fault driver doesn't have insurance, which means you'll be responsible for paying for costs out of pocket—a situation that can quickly spiral out of control.
An insurance company is not required by law to offer compensation immediately after an accident—in fact, they are allowed to wait until the investigation is complete before making a final decision about your claim. Car insurers have entire departments dedicated to weeding out claims they don't have to pay. They will often try to deny your claim or offer you a ridiculously low settlement amount up front—even if they acknowledge right away that you were in the right.
Insurance adjusters will often delay a settlement as long as possible in hopes you'll stop calling them or give up on getting compensation altogether. Based on this, aggressive litigation tactics from an experienced car accident lawyer with many case-wins can help force these insurers to settle with you quickly and fairly.
A Personal Injury Attorney will Help You Avoid Taking any Legal Missteps
Personal injury law is complicated, and many mistakes can be made when dealing with insurance companies or the police after an accident. In addition, the details of your case are constantly changing as new information becomes available, and you could be jeopardizing your case if you don't act quickly enough or don't know how to protect yourself.
Without a lawyer, it's easy to cross the line into court-worthy territory unknowingly. One common mistake is failing to report an accident immediately after it happens. Another mistake is failing to file the claim within the timeframe. While this may seem like a minor infraction, it can actually have serious consequences when it comes time for your case against them!
Attorneys, ones who have been through the legal battlefields before and know how to deal with the threats that could destroy a case, are trained to look for common legal mistakes that could negatively affect your claim and, ultimately, your compensation. Therefore, even if the insurance company offers the first settlement, it's in your best interest to wait until after a lawyer has reviewed the details of your case so they can advise you on how to proceed.
A Personal Injury Attorney Will Take Your Case to Trial if Necessary
If you've been in a car crash, you want to know that you will be justly compensated for your injuries. Whether it's a fender bender or a head-on collision, the injury you've suffered could have been prevented if another driver hadn't made an error—and fixing those consequences is your right. You deserve compensation that will compensate for the damage to your body and your life.
If you cannot settle your case outside of court, an attorney will take the case to trial and help you get the entitled compensation. However, you may feel it is unnecessary to hire a lawyer and go through all the associated legal proceedings. Some people choose to handle their cases on their own. But this can be a riskier option than hiring a good attorney, especially if you have suffered severe injuries.
The first thing that should be noted is that the court system is complicated and confusing. If you do manage to go through the process alone, however, there is always a possibility that you might not get what you are owed. For this reason, hiring a resourceful car accident attorney is essential. They will take care of everything from researching and analyzing the causes of the accident and the laws involved to interviewing witnesses, filing paperwork and taking your case to trial, if necessary.
A Personal Injury Attorney Will Follow the Statue of Limitations
When you're injured in a car accident, you must know how much time you have to file suit. If you miss the deadline, your case will likely be dismissed as time-barred, meaning you will have missed your chance to sue.
The Statute of Limitations is a state law that sets the amount of time you must file a lawsuit regarding an injury or wrong. In New York, the statute of limitations for a car accident is three years, meaning that you have a limited amount of time to file a lawsuit concerning your injury.
If you miss the deadline for filing, then there's nothing anyone can do for you, and this may mean that you have lost everything: your medical bills, wages, and pain and suffering are all gone forever. That's why it's crucial to work with an attorney who can help you get compensation for these things—even if it's been more than six years since the accident occurred.
There are a few exceptions to these statutes, but they are rare. They typically only come into play when a case involves a minor or if there is evidence that someone was trying to hide their actions or delay filing the lawsuit. In these situations, it can be beneficial to contact an attorney who will work with you to determine whether or not you have any legal options.
A Personal Injury Attorney Works on Contingency Basis
Meeting with personal injury attorneys doesn't hurt your case and is a good way of getting information about how the legal process works and what it involves. In addition, a personal injury lawyer will have access to the information you won't, like how much similar cases have cost in the past and what types of settlements are common. Talking to a lawyer also gives you peace of mind by knowing that you're doing everything possible to get compensated for your pain and suffering.
Besides, most car accident attorneys work on a contingency basis, which means they don't get paid unless the court or jury awards damages or compensation. A contingency fee agreement means there is no upfront cost to hire a personal injury lawyer to file a lawsuit and seek compensation for damages from an accident. Instead, most personal injury lawyers base their fees on a percentage of what they collect from settlements or awards, regardless of how much time and effort was spent working on the case.
A Personal Injury Attorney Will Handle All the Paperwork and Legal Formalities for Your Claim
When you've been in a car accident, it can feel like your whole life is turned upside down. The injuries you suffer may make it difficult to work or go to school, and you'll need to manage medical expenses and the uncertainty of whether you'll be able to get back on your feet financially. In addition, if a careless driver is involved, their insurance company might even want to get out of covering any of the costs they're responsible for.
When you hire a personal injury lawyer to help with your claim, they will do all the legwork that comes after an accident, from finding and hiring medical professionals to help prove your case to negotiating with insurance companies on your behalf.
Moreover, having a lawyer on your side ensures that they will handle all communication and negotiation between you and the other party's attorneys—something that could save you a great deal of stress. By taking care of these tasks for you, they'll make sure that everything goes smoothly so that you can focus solely on recovering from the accident.
Choose the Most Capable Car Accident Attorneys in New York
Even if you're confident that you have a legitimate claim, it can be a mistake to directly go up against potential defendants and insurance companies in a personal injury case. In addition, you may not want to deal with the stress of pursuing legal action or negotiating a settlement on your own with the insurance adjusters. But, as scary as the thought of contacting a lawyer may be in the midst of a car accident, you shouldn't feel this way. Your lawyer will actually be on your side and ensure that you get the compensation that you deserve.
Our personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP will be able to explain your full rights under the law and discuss all your legal options so that you can make a decision based on all the facts. We have decades of experience in successfully fighting personal injury cases in New York, and we've recovered hundreds of millions of dollars for our clients. We know what it takes to win your case, and we'll put all our skills and resources into doing just that.
To schedule a free consultation, call us at 212-344-1000 or fill out this online form so that we can get started immediately.
What Are The Most Common Causes Of Fatal Car Accidents?
When a tragedy like a fatal car accident strikes, it's hard to comprehend how something so horrible could happen to your loved one. After the dust settles, there are many unanswered questions and a sense of hopelessness. Although car driving may seem to be a routine activity, the negligence of another motorist on the road can cause a fatal accident.
From being involved in a drunk driving accident, getting trapped in an automobile following a rollover accident or being in an SUV that's been in a bad accident, each of these events can result in a wrongful death of a loved one and have a devastating impact on the families left behind.
High Rate of Car Accident Fatalities in New York
According to figures from the Association for Safe International Road Travel, 37,000 Americans are killed, and approximately 2.35 million are injured in car accidents every year. In 2021, New York State reported 124,500 collisions that resulted in personal injury and the loss of 1,109 lives. These figures suggest that about 5% of all car accidents in the United States occur in New York and the percentage of fatalities is also significantly high.
The most common car crashes in New York are rear end collisions, side impacts and head-on crashes. Nearly 9,500 rear-end collisions in 2019 resulted in severe injuries to the victims in New York. This was followed by side swaps, T-bones, head-on crashes, and rollover accidents. These crashes can be more dangerous than other types because they often occur at high speeds, resulting in hard impacts that can cause serious injuries or death.
New York City Boroughs with the Highest Number of Traffic Accidents
New York City is one of the most heavily traffic-congested cities in the world, with over eight million people living in the five boroughs. The city's population swells to more than 20 million during work hours, and the streets can be dangerous for pedestrians and drivers alike. According to data from the NYPD, these are the boroughs with the most traffic collisions:
5 Causes of Fatal Car Accidents
The following are the five most common causes of fatal car accidents in New York:
Distracted Driving
Distracted driving is any activity that takes your attention away from the road and your primary task of driving safely. If you're not paying attention to the road, there's no way you can keep track of everything else going on around your vehicle—and that could lead to an accident or injury.
For example, when you aren't focused on driving, you may find yourself swerving into another lane or running over debris in the road. You also may miss signs along your route or be unaware of traffic signals and other vehicles around you.
It’s a growing problem as cell phones and other technology continue to grow in popularity and accessibility. In fact, when you are talking on a cell phone while driving, it makes you four times more likely to crash into another vehicle or obstacle. Distracted drivers are responsible for about 20% of all fatal car accidents.
While texting and calling are certainly some of the most common forms of distracted driving, there are other sources as well:
For teenagers, distractions are even more dangerous. The Department of Transportation states that 16-year-olds who used a cell phone were 23 times more likely to crash.
Driving While Intoxicated
Drunk driving is one of the most common causes of fatal car accidents. It is estimated that 4% of NYC traffic collisions are due to drunk driving. Statistics show that almost 300,000 Americans drive drunk every day. Alcohol impairs judgment, reaction time and coordination, which can cause you to take unnecessary risks behind the wheel.
If you're driving under the influence, even just one drink too many can impair your ability to operate a vehicle safely. In addition, you may make dangerous decisions behind the wheel, like speeding, changing lanes too quickly or tailgating other vehicles at high speeds, which may result in an accident with serious consequences, including death or severe injury.
In addition to the apparent dangers of driving while intoxicated—and the risk of injuring yourself and others—there are also legal ramifications. Drunk driving convictions can severely impact your life, including a potential jail sentence of up to 10 years, the loss of your driver's license and thousands in fines.
Tailgating
One-third of the accidents in New York City are caused by a driver following another car too closely. Although tailgating is often considered a minor offense, the consequences of even a seemingly innocuous bump can be severe. A driver who follows too closely may not have enough time to react if another driver ahead suddenly slows down or stops.
A driver who tries to stop suddenly in heavy traffic can lose control of their vehicle and crash into the car ahead or crash into one of the vehicles around them. They may even drive underneath a large truck if it suddenly slows down or stops at a traffic light.
Failure to Yield Right of Way
Failure to yield right of way happens when a driver fails to recognize that his traffic lane is no longer free and clear and does not allow other drivers to pass. When this happens, a collision occurs between the vehicle in question and the one trying to enter the traffic flow. Most of the time, this occurs when a driver fails to allow another car to pass through an intersection or otherwise take their right of way.
In many cases, this cause is easily preventable. Some drivers are unaware they have priority or aren't paying attention to the traffic around them. Stemming from this, in some cases, drivers purposefully violate another person's rights of way—often in retaliation for being cut off themselves. Almost 28% of the fatal accidents involved one driver failing to yield to another with the right-of-way.
Speeding
When most people drive, they do it to get to their destination as quickly and safely as possible, but there are times when speed alone seems to be the driver's main priority. Speeding through residential areas and school zones is a common practice that many people engage in without giving it much thought, but the risks can often lead to fatal consequences.
When you're going faster than the speed limit, you're not just putting yourself at risk—you're endangering everyone around you. Not only do other drivers have less time to react if you make a mistake, but your vehicle can strike theirs with greater force because it will be moving faster. Also, if you hit someone from behind while going too fast for the conditions, their vehicle could be pushed entirely into oncoming traffic or off the road.
Safety Tips to Avoid Car Accidents and Fatalities
Get the Leading New York Car Accident Lawyers on Your Side
When a fatal car accident takes the life of a loved one, the grieving process can be painful and drawn out. But with some planning, you and your family can get through this challenging time and secure your financial future. New York wrongful death laws allow you to file a lawsuit and receive compensation from the negligent parties if you've lost a loved one in a car accident.
Our seasoned car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have the skills and resources to handle cases involving catastrophic injuries and wrongful death. In addition, we have extensive experience representing clients in cases involving injuries suffered in motorcycle accidents, pedestrian accidents, tractor-trailer wrecks and other types of catastrophic injury accidents.
We understand how difficult it can be to deal with the loss of a loved one, especially if they were taken away from you because of someone else's negligence. We are here to help you through this process by providing the legal assistance you need during such a difficult time. We will provide you with dedicated legal representation and ensure that justice is served and your rights as an injured party are protected at all times. For a free and confidential consultation, call us at 212-344-1000 or contact us online.
How Long Do I Have To File A Claim After A Car Accident?
Thousands of New Yorkers get seriously injured each year in car accidents occurring due to another’s fault. When this happens, the injured party has a legal right to file a claim and seek financial compensation. Based on this, there is a time limit of three years within which a personal injury claim must be filed after a car accident in New York.
The statute of limitations is a legally defined period in which an injured party can file a complaint against someone who has caused them harm. Depending on the issue and scenario, the statute of limitations can be a matter of months or even years.
Personal Injury Statute of Limitations in New York
If you have been injured in an accident due to the negligence of another party, it is vital to take action as soon as possible. A personal injury attorney can explain how long you have to file your claim and help you determine whether or not you should file a lawsuit against the other party.
In New York, a personal injury case is defined as any claim for damages based on a tort. Torts are acts that result in injury to another person, such as negligence, assault and battery, and intentional infliction of emotional distress.
New York law imposes a three-year statute of limitations on personal injury claims. This means that if you were injured in a car accident, slip and fall incident or other accident, you typically have 3 years from the date of the incident to file a personal injury lawsuit against the responsible party.
Like all other legal deadlines, the statute of limitations can affect your ability to make a claim. When you have missed the statute of limitations deadline to file a claim, your insurance company will use it against you. They know that after the deadline expires the injured person will be unable to sue them.
In New York, the statute of limitations for filing a personal injury lawsuit varies depending on the type of case and whether it's brought in state or federal court. Here are some specifics:
Time Limit for Filing a Claim Against the Municipality
The New York statute of limitations for personal injury suits against a government entity such as a municipality or state is shorter than it is for other cases. This is because municipalities are considered "special entities" under New York law, and the state has set different time limits for suits against them. Actions against New York State or any county, town, city or village must be commenced within 90 days after the cause of action accrues.
If you believe there could be grounds for a lawsuit against a municipal entity in New York, you should seek legal counsel to discuss your options as soon as possible.
Exceptions to the Statute of Limitations in New York
Some exceptions allow you to toll or delay filing a lawsuit after the statute of limitations has expired. These include:
The Discovery Rule
This exception allows you to file your lawsuit after the statute of limitations expires if you do not discover your injuries until after that time. For example, let's say you were injured in an accident caused by another driver but did not realize that you had been injured until several months after seeking treatment for an unrelated condition.
In this case, your claim might still be valid because it took time for your injuries to manifest themselves and become apparent to others and yourself. When an extension is granted, it resets the statute of limitations clock.
In relation to this, it’s essential to note that the discovery rule only extends the statute of limitations on personal injury claims. In other words, it does not apply to any claims based upon a written contract or breach thereof, property claims, breach of fiduciary duty, or other commercial activities.
Absent Defendant
The statute of limitations may be paused when the defendant is out of state. The difficulty comes in finding evidence that proves beyond a reasonable doubt to the court's satisfaction that he was or currently is absent from his home state at all times relevant to lawsuit proceedings.
Disability
A victim who’s incapacitated due to injuries sustained during an accident may be allowed more time than other victims to file suit against a liable party. These people include those who have suffered severe injuries that could cause them long-term disability or even death, those who are incarcerated or mentally disabled, and those who are in a coma or insane. If the plaintiff is no longer disabled or incapacitated, that person must file a lawsuit within three years of becoming aware of the injury.
Injury to a Minor
In New York, a minor cannot bring a personal injury claim because minors lack the legal capacity to make certain decisions that affect their own rights. So, if you were injured in an accident when you were 16, any action you wish to take must be filed by your 18th birthday. Suppose you are under 18 and have been injured by someone else's actions. In that case, you must seek legal advice from our outstanding and successful personal injury attorney because there may be time-sensitive issues involved for filing a claim.
What to Do if the Statute of Limitations has Expired?
If the statute of limitations has expired, you cannot bring your case to court. Taking this into account, if you have filed a lawsuit and it is dismissed because the statute of limitations has run out, you may be able to reopen the case by filing an appeal. If you are unsure whether your suit was filed within the period allowed by law, consult with a personal injury attorney in New York.
They can help you determine whether you should file an appeal or another action. If you lose your appeal, one option is to file a motion for reconsideration with the court. This motion asks the judge who ruled against you to reconsider their decision based on new evidence not available at the time of trial. Unfortunately, if this fails, you may have no other recourse but to accept defeat.
When Should You Contact a Personal Injury Lawyer?
Contacting a personal injury attorney as soon as possible after being injured in an accident is the best way to ensure you get the compensation you deserve. When you contact a lawyer, they can begin investigating your case and gathering evidence. This will allow them to look for any evidence that can help prove fault and determine how much compensation you may be entitled to receive.
They will start gathering information about what happened to build their case and determine how best to fight for your rights. This is especially important if there are witnesses who saw what happened or if there are other records that can help prove fault in your case. The sooner these witnesses are contacted by law enforcement or an attorney, the more likely they will remember what happened and be able to provide essential details about the accident.
If you have been injured in an accident or other injury-causing event, your physical and emotional well-being is the most important thing. If you are seriously injured, no matter how minor it may seem, you owe it to yourself to take care of your recovery from the incident. If someone else’s negligence or recklessness has harmed you, getting compensation for your medical bills and lost work time is also vital for taking care of yourself. Personal injury firms can help you explore your options for pursuing compensation for your expenses after a motor vehicle collision or workplace slip and fall.
You should not try to handle a personal injury claim on your own because it requires a lot of legal knowledge and experience in dealing with insurance companies and others involved. Furthermore, a profound personal injury attorney can provide expert guidance through every stage, from filing a claim against the party at fault for causing your injuries to receiving compensation once your case goes before a judge or jury.
Legal Help is Here from Committed and Accomplished Personal Injury Attorneys in New York
The statute of limitations is the maximum amount of time you have to file a lawsuit against someone else for their negligence or wrongdoing. If you miss this deadline, your case could be dismissed and your right to compensation permanently barred. After an injury, it’s best to reach out to a lawyer as soon as possible to increase the chances of making a successful claim.
Our attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can answer any questions you may have about personal injury protection, and there is no cost to speak with them. We only get paid once we win your case. We offer a free initial consultation so that you can decide whether or not we are the best fit for your needs. Call us today at 212-344-1000 or complete this online form to discuss your legal options for holding the negligent party liable for your injuries and losses.
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