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FAQs about Car Accidents and Negligence in New York

According to 2015 data by the National Safety Council, it is estimated that 38,300 people were killed on roads in the United States in 2015. Approximately 4.4 million people sustained injuries that required medical attention. The number of deaths caused by car accidents increased by 8% compared to 2014. The NSC stated that the highest increase in one-year percentage in traffic deaths in 50 years occurred in 2015. An average of 1,098 deaths occurs each year in New York as a result of unintentional injuries caused motor vehicle accidents.

Common Questions about Car Accidents

Many times, people who have been in a car accident do not know what to do after finding out that their insurance will not be enough to cover their injuries. They usually have many questions regarding their accident and the litigation process, which include the following:

Q1: What is New York’s no fault system?

A: When drivers are involved in a car accident in New York, each party turns to their insurance company in order to be compensated for the injuries and losses, no matter who was fault. According to state law, victims are allowed to take legal action if the accident caused a disfiguring injury, a fractured bone, an injury resulting in loss of an organ or a limb, or if the limits of the victim’s insurance policy are reached.

Q2: How do I know who the at-fault party is?

A: First, whenever you are involved in a car accident, you should call the police, even if you do not sustain any injury. When the police arrive, the officers will speak to you as well as the other party involved. They will make a report that determines which party was at-fault for the accident. If you decide to file a claim, you should make sure to obtain a copy of the police report.

Q3: Can I still file a claim if I was partially to blame for the accident?

A: The answer is yes. Even if you are partially at-fault, you may still be able to take legal action. Comparative negligence is recognized in New York, which means that the court determines the percentage of fault of each driver. After determining the percentage, the court applies it to the damages awarded.

Q4: What should I do if the insurance adjuster asks for a medical authorization?

A: Do not give it. If you give the insurance company medical authorization, it means that you are authorizing them to obtain any and all medical records, even those not pertaining to your accident. They will try to use these records against you if you decide to file a claim.

Get Legal Help for Car Accidents in New York

If you or a loved has been injured in a car accident, you should immediately seek the counsel of the reliable personal injury attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. The first meeting with us is free. We know how to win these types of cases. Do not sign any paperwork with the opposing insurance company until you have spoken with RMFW Law. They will undercut your case! RMFW Law has won big money for previous clients, you too can be on this sensational list. We are not paid unless you are paid.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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