In the immediate aftermath of a car accident, it can be hard to keep track of everything that’s happening around you. The shock of the moment can make it difficult to remember the details of what transpired. Moreover, the adrenaline rush that follows an accident and injury can make you see things differently than they really are.
It’s easy in this situation to wrongly admit fault and take responsibility for what happened out of a desire to move past the incident as quickly as possible. With that said, this can lead to profound legal implications if you later attempt to pursue financial compensation from the negligent parties for injuries and losses.
In the immediate aftermath of a car accident, it can be hard to keep track of everything that’s happening around you. The shock of the moment can make it difficult to remember the details of what transpired. Moreover, the adrenaline rush that follows an accident and injury can make you see things differently than they really are.
It’s easy in this situation to wrongly admit fault and take responsibility for what happened out of a desire to move past the incident as quickly as possible. With that said, this can lead to profound legal implications if you later attempt to pursue financial compensation from the negligent parties for injuries and losses.
If you think that the other driver caused the accident, you need to remember that lawyers representing the insurance company are looking to put the blame on you. Insurance companies will spend a great amount of time and resources investigating to show that you are at fault. Therefore, the best way to protect your right to personal injury damages is to seek help from an experienced New York car accident attorney.
Proving Fault in an Auto Accident
To determine liability, you must first prove that there was a car accident and that the other driver was somehow at fault. Fault can be proved by showing negligence on the part of another driver or by proving that they were operating their vehicle in violation of traffic laws. Negligence proves that one person failed to act reasonably when dealing with others.
For example, consider a situation where a driver did not see another car in the front and rear-ended it while driving at night without headlights. In that case, it would be fairly easy to prove negligence because the at-fault driver did not act reasonably under the circumstances. But most auto accident cases in New York are much more complex than this.
To prove negligence, a plaintiff must show that:
- The person being sued owed a duty toward the plaintiff
- The defendant breached this duty
- This breach caused injury or damage to the plaintiff
- The plaintiff suffered some type of loss due to this breach.
Even if you’re not technically at fault for the crash, you could still be liable for damages to the other person’s car and any injury they sustained in the collision. The precise extent of that liability will depend on several factors, from your insurance policy to your state’s laws. Evidence and the witnesses’ testimonies are usually the most important factors in determining liability in an accident case. Pertaining to this, a good attorney may challenge even the best witness’ testimony.
If you’re involved in an accident with another driver or get sued for an accident you are partially at fault, you should hire a New York auto accident lawyer to help ensure that your interests are defended. They will know how to cross-examine witnesses and use their statements against them, and will also be able to develop compelling arguments that could lead to a successful defense of the claim against you. You need an attorney who has been through the legal battlefields before and knows how to handle rigorous situations.
What Happens When Both Parties in a Car Accident Share the Blame?
Comparative negligence is a doctrine that comes into play when there are two or more parties who can be held liable for an accident. For example, if you were slightly exceeding the speed limit and a driver hit you from behind, while he was texting while driving. In this case, you and that other driver both might share some of the liability.
Let’s assume you were found 30% at fault for your own injuries in this case. So, if your total personal injury claim is worth $200,000, you will only recover $140,000 from the other motorist because they were found to be only 70% at fault for the injuries caused to you.
How Our Seasoned Personal Injury Attorneys in New York can Help You?
Many people involved in a car accident think that the law requires them to deal directly with their insurance company. With that said, that is not the case. Although New York’s no-fault insurance laws compensate drivers for their medical bills and lost wages, the process involves several steps whose deadlines are strictly enforced.
If you don’t meet these deadlines, you could end up paying for all the expenses. Even if there were no injuries or they were minor, a lawyer can help ensure that everything goes smoothly with the insurance claims process and that your rights are protected. Our attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you with the following:
- The deadline for filing a claim for no-fault insurance benefits is one year from the date of the accident. Miss this deadline and you lose your right to compensation. Our attorneys are well-versed with this statute and will ensure that you file your claim promptly.
- In the event of a crash, it is important to report these incidents within 30 days from the accident. Failure to comply with this notice requirement typically nullifies insurance coverage for injuries sustained and property damaged. Our legal team knows how to navigate these complicated statutes and will ensure that you are eligible for all benefits available to you.
- Regardless of whether the accident was your fault or not, it is important to inform the insurance company immediately. If you do not, your claim for damages may become weak. Potential damages could include compensation for lost wages, pain and suffering, and any extra medical costs resulting from the accident. Our experienced attorneys will file all papers in time and negotiate strongly with the insurance company for the maximum possible settlement.
Can the Injured Driver File for Non-Economic Damages?
The no-fault insurance law allows people to skip the hassle and expense of a lawsuit when they have an accident. It allows them to get insurance benefits for their injuries from the state without having to sue. The exception is when someone was seriously injured and can prove that the other driver was at fault. Then, they can sue for additional damages beyond money, such as pain and suffering. The no-fault insurance law does not cover these special damages.
If you find yourself in a situation, the best thing you can do is contact a personal injury attorney right away. By doing so, you give yourself time to build a strong legal strategy with accurate information, while also putting yourself in a position to negotiate for maximum damages with the negligent party and their insurers.
Can the Injured Driver File for Economic Damages?
As a general rule, if you are found to be at fault for the accident, your economic losses are covered by the Personal Injury Protection (PIP) that is part of your auto insurance policy. However, there are times when an at-fault driver may be required to compensate for the other motorist’s economic losses in addition to their PIP benefits.
The injured driver must show that they have suffered “excess” economic losses to recover for these additional damages. It is essential to understand that these claims differ from non-economic damages and are not subject to the same “permanent disfigurement or severe body impairment” threshold test. Hiring a seasoned personal injury attorney will undoubtedly be your best chance of recovering your rightful amount of damages from the at-fault party.
Pure Comparative Negligence Law in New York
New York is a pure comparative negligence state. This means that the percentage of your fault reduces your damages, but you can still recover damages if you meet the statute’s elements. In other words, even if you are 99% at fault for your own accident and injuries, you can still recover 1% damages from the other at-fault party (which did not suffer any injuries in the accident).
To mitigate your losses, however, it’s a judicious idea to seek advice from a lawyer who is familiar with your state’s accident liability laws and has experience helping clients claim compensation for their injuries. This way, you can maximize your chances of recovering as much money as possible from the person who caused your injuries.
A lawyer with experience in using comparative negligence laws can help you get compensation for your injuries, even if you were partly at fault for the accident. You can claim compensation from the other driver if you are not more than 50% responsible for causing the accident.
Protecting Your Interests with our Experienced Car Accident Attorneys
Auto accidents happen every day, and in many cases, both parties are at fault for the collision in some way. If you’ve been injured and were partially responsible for the accident, you may wonder what kind of lawyer can help you.
Rosenberg, Minc, Falkoff & Wolff, LLP is a New York-based law firm that specializes in helping clients with this question. Our car accident lawyers have years of experience investigating auto accidents and determining liability. If you don’t have insurance or if your insurance doesn’t cover all of the damages, we may be able to help you recover compensation for your damages. We have the resources to properly investigate the accident and fight for your legal rights in court.
Our law firm has represented thousands of car accident victims throughout New York, and we’ve helped them get the compensation they deserve from the liable parties. We’ll collect evidence and negotiate strongly with the defendants on your behalf, so you can focus on recovering from your injuries and moving forward. Get a free consultation with our car accident lawyers today by calling us at 212-344-1000 or contact us online.
What Kind of Lawyer Do I Need When I’m at Fault in a Car Accident?
In the immediate aftermath of a car accident, it can be hard to keep track of everything that’s happening around you. The shock of the moment can make it difficult to remember the details of what transpired. Moreover, the adrenaline rush that follows an accident and injury can make you see things differently than they really are.
It’s easy in this situation to wrongly admit fault and take responsibility for what happened out of a desire to move past the incident as quickly as possible. In relation to this, this can lead to profound legal implications if you later attempt to pursue financial compensation from the negligent parties for injuries and losses.
If you think that the other driver caused the accident, you need to remember that lawyers representing the insurance company are looking to put the blame on you. Insurance companies will spend a great amount of time and resources investigating to show that you are at fault. Therefore, the best way to protect your right to personal injury damages is to seek help from a formidable and outstanding New York car accident attorney – someone who has been around the legal corners before and knows where danger is often lurking.
Proving Fault in an Auto Accident
To determine liability, you must first prove that there was a car accident and that the other driver was somehow at fault. Fault can be proved by showing negligence on the part of another driver or by proving that they were operating their vehicle in violation of traffic laws. Negligence proves that one person failed to act reasonably when dealing with others.
For example, consider a situation where a driver did not see another car in the front and rear-ended it while driving at night without headlights. In that case, it would be fairly easy to prove negligence because the at-fault driver did not act reasonably under the circumstances. But most auto accident cases in New York are much more complex than this.
To prove negligence, a plaintiff must show that:
- The person being sued owed a duty toward the plaintiff
- The defendant breached this duty
- This breach caused injury or damage to the plaintiff
- The plaintiff suffered some type of loss due to this breach.
Even if you’re not technically at fault for the crash, you could still be liable for damages to the other person’s car and any injury they sustained in the collision. The precise extent of that liability will depend on several factors, from your insurance policy to your state’s laws. Evidence and the witnesses’ testimonies are usually the most important factors in determining liability in an accident case. Moreover, a robust attorney may challenge even the best witness’ testimony.
If you’re involved in an accident with another driver or get sued for an accident you are partially at fault, you should hire a New York auto accident lawyer to help ensure that your interests are defended. They will know how to cross-examine witnesses and use their statements against them, and will also be able to develop compelling arguments that could lead to a successful defense of the claim against you.
What Happens When Both Parties in a Car Accident Share the Blame?
Comparative negligence is a doctrine that comes into play when there are two or more parties who can be held liable for an accident. For example, if you were slightly exceeding the speed limit and a driver hit you from behind, while he was texting while driving. In this case, you and that other driver both might share some of the liability.
Let’s assume you were found 30% at fault for your own injuries in this case. So, if your total personal injury claim is worth $200,000, you will only recover $140,000 from the other motorist because they were found to only 70% at fault for the injuries caused to you.
How Our Seasoned Personal Injury Attorneys in New York can Help You?
Many people involved in a car accident think that the law requires them to deal directly with their insurance company. Taking this into account, that is not the case. Although New York’s no-fault insurance laws compensate drivers for their medical bills and lost wages, the process involves several steps whose deadlines are strictly enforced.
If you don’t meet these deadlines, you could end up paying for all the expenses. Even if there were no injuries or they were minor, a lawyer can help ensure that everything goes smoothly with the insurance claims process and that your rights are protected. Our attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP can help you with the following:
- The deadline for filing a claim for no-fault insurance benefits is one year from the date of the accident. Miss this deadline and you lose your right to compensation. Our attorneys are well-versed with this statute and will ensure that you file your claim promptly.
- In the event of a crash, it is important to report these incidents within 30 days from the accident. Failure to comply with this notice requirement typically nullifies insurance coverage for injuries sustained and property damaged. Our legal team knows how to navigate these complicated statutes and will ensure that you are eligible for all benefits available to you.
- Regardless of whether the accident was your fault or not, it is important to inform the insurance company immediately. If you do not, your claim for damages may become weak. Potential damages could include compensation for lost wages, pain and suffering, and any extra medical costs resulting from the accident. Our hard working and adept attorneys will file all papers in time and negotiate strongly with the insurance company for the maximum possible settlement.
Can the Injured Driver File for Non-Economic Damages?
The no-fault insurance law allows people to skip the hassle and expense of a lawsuit when they have an accident. It allows them to get insurance benefits for their injuries from the state without having to sue. The exception is when someone was seriously injured and can prove that the other driver was at fault. Then, they can sue for additional damages beyond money, such as pain and suffering. The no-fault insurance law does not cover these special damages.
If you find yourself in a situation, the best thing you can do is contact a personal injury attorney right away. By doing so, you give yourself time to build a strong legal strategy with accurate information, while also putting yourself in a position to negotiate for maximum damages with the negligent party and their insurers.
Can the Injured Driver File for Economic Damages?
As a general rule, if you are found to be at fault for the accident, your economic losses are covered by the Personal Injury Protection (PIP) that is part of your auto insurance policy. However, there are times when an at-fault driver may be required to compensate for the other motorist’s economic losses in addition to their PIP benefits.
The injured driver must show that they have suffered “excess” economic losses to recover for these additional damages. It’s essential to understand that these claims differ from non-economic damages and are not subject to the same “permanent disfigurement or severe body impairment” threshold test. Hiring a seasoned personal injury attorney will undoubtedly be your best chance of recovering your rightful amount of damages from the at-fault party.
Pure Comparative Negligence Law in New York
New York is a pure comparative negligence state. This means that the percentage of your fault reduces your damages, but you can still recover damages if you meet the statute’s elements. In other words, even if you are 99% at fault for your own accident and injuries, you can still recover 1% damages from the other at-fault party (which did not suffer any injuries in the accident).
To mitigate your losses, however, it is a good idea to seek advice from a lawyer who is familiar with your state’s accident liability laws and has experience helping clients claim compensation for their injuries. This way, you can maximize your chances of recovering as much money as possible from the person who caused your injuries.
A lawyer with experience in using comparative negligence laws can help you get compensation for your injuries, even if you were partly at fault for the accident. You can claim compensation from the other driver if you are not more than 50% responsible for causing the accident.
Protecting Your Interests with our Accomplished Car Accident Attorneys
Auto accidents happen every day, and in many cases, both parties are at fault for the collision in some way. If you’ve been injured and were partially responsible for the accident, you may wonder what kind of lawyer can help you.
Rosenberg, Minc, Falkoff & Wolff, LLP is a New York-based law firm that specializes in helping clients with this question. Our car accident lawyers have years of experience investigating auto accidents and determining liability. If you don’t have insurance or if your insurance doesn’t cover all of the damages, we may be able to help you recover compensation for your damages. We have the resources to properly investigate the accident and fight for your legal rights in court.
Our law firm has represented thousands of car accident victims throughout New York, and we’ve helped them get the compensation they deserve from the liable parties. We’ll collect evidence and negotiate strongly with the defendants on your behalf, so you can focus on recovering from your injuries and moving forward. Get a free consultation with our car accident lawyers today by calling us at 212-344-1000 or contact us online.
How Much Does a Lawyer Charge For a Car Accident?
The cost of a lawyer for a car accident claim varies between jurisdictions, and no single rate applies to all personal injury cases. The attorney’s fee typically depends on their ability to recover maximum compensation for you as well as the complexity of your case and the extent of your injuries. It’s essential to understand the different factors involved in calculating how much you might have to pay to your New York personal injury attorney for their legal representation.
Types of Legal Fee Arrangements in New York Personal Injury Cases
Retainer Fee
This is an upfront fee that covers the cost of legal representation until you reach a settlement or go to trial. The retainer fee is usually based on the amount of time it takes to complete your case and how much work goes into it. The retainer fee is due when you hire an attorney, even if they don’t accept your case. If they decline your case, they must return any retainer fee paid.
Hourly Rate
An attorney’s hourly rate can vary widely, depending on their experience level and expertise. For instance, a senior partner at a large law firm could charge up to several hundred dollars per hour for their time spent working on your case. On the other hand, an attorney who just graduated from law school may only be able to charge around $100 per hour. If your attorney charges by the hour, ensure that you know how long each phase of your case is expected to take.
It’s critical to remember that you should not base your decision solely on the cost of hiring an attorney. Many other factors must be considered when choosing an attorney, such as experience and knowledge of specific laws and court proceedings.
Contingency Fee
The percentage of the attorney’s fee they charge you depends on several factors. Some states have set a specific limit on the percentage, but on average, a personal injury lawyer’s contingency fee is between 25% and 40%. That means that if the lawyer settles a case securing $100,000 for the client’s injuries, they will receive a fee of approximately $35,000.
A contingency fee is one in which the lawyer only gets paid if he wins your case. Thus, if you win, the lawyer will receive their percentage, and their costs will be paid out of the settlement or award. In a flat fee arrangement, the client pays a set amount that does not change regardless of success or failure. Contingency fees are more commonly charged in complex cases involving catastrophic injuries and wrongful death.
As with many other aspects of legal representation, it’s impossible to come up with a one-size-fits-all calculation for determining fees. The best thing you can do is research firms in your area, weigh factors like reputation and experience, and then ask plenty of questions to ensure you are comfortable with how they calculate their percentage and how they work. If a firm or attorney refuses to explain their approach to calculating fees or seems unwilling to discuss it with you, take that as a red flag.
Factors affecting your Attorney’s Legal Fees
The attorney’s percentage of the settlement depends on a variety of factors, from the case itself to the attorney’s style and track record. These factors include:
Case Complexity
If the case is particularly complex, either in terms of its facts or relevant law, it will take longer and be more costly for the opposing party to build a case. For example, a simple fender bender will be more straightforward than a collision with an 18-wheeler, resulting in a lower fee for the attorney.
Likewise, suppose you’re going up against a large corporation with deep pockets. In that case, the lawsuit will likely involve more work than if you were suing a small business owner who doesn’t have as sufficient money to spend on legal fees. The more complicated your case is, the more likely you’ll be required to pay for additional expenses such as filing fees, depositions, and expert witnesses.
Out-of-Court Settlement or Litigation
The next most important factor is whether the case settles out of court or in court. If it is settled out of court, there is usually no trial and therefore no costs associated with trial preparation. If it goes to litigation then there will be additional costs associated with preparing for trial including depositions, filing motions, and participating in hearings before trial.
Determining the attorney’s percentage is a tricky process. Because personal injury cases involve large sums of money and can take several years to resolve, the risks are high for both parties. Depending on how much you’re entitled to in your case, you may want to go after every penny. Pertaining to this, it isn’t all about what you want—the calculations also have to consider how much time and energy will be required on the lawyer’s part to fight for your rights.
It’s a perspicacious idea to ask any attorney you interview about their fee arrangement before signing a retainer. The attorney should clearly outline their billing policies and what factors may affect the percentage of your bill. It’s important to understand these terms to ensure you’re not surprised by unexpected costs later on. You should also know in advance what will happen if the case isn’t settled in your favor and how much time your lawyer will spend on the case without receiving additional compensation.
Experience and Resources of Your Attorney
Attorneys with more experience and a successful track record in car accident cases will typically charge a higher fee. They have a deep understanding of the legal landscape, the insurance industry, and the types of damages that can be recovered in these types of cases. They can help you navigate the complex legal system, negotiate with insurance companies, and fight tooth & nail for the compensation you deserve.
Moreover, such attorneys are often better equipped to prepare a strong case. They have access to a network of experts, such as accident reconstruction specialists and medical experts, who can provide valuable testimony and support. They also have a better understanding of the evidence that is needed to prove liability and damages. Most probably, experienced attorneys guarantee a positive outcome for your case and thus charge a higher fee.
Personal Injury Trials Can Be Expensive
Taking a personal injury case to trial can be costly. Not only do you have to pay your attorney’s fees, but you also have to pay for other costs associated with taking your case to court. Remember that trial fees and expenses differ from court fees and fines, which you must pay even if you lose your case. Additionally, personal injury trials can be time-consuming and drawn out, often taking months or even years to conclude. During this time, the costs associated with the prosecution continue to accrue.
Besides, there are administrative costs that are incurred throughout the trial process. For example, court filing and process fees cost hundreds of dollars, and depositions cost a significant amount each time. Also, it is expensive to hire experts and investigators. Experts in a case can be anything from a doctor to an engineer, and they’re generally needed to prove your case. Getting an expert opinion is expensive because these experts’ time is billed at an hourly rate, and most work on a retainer, meaning you have to pay them even if you don’t end up using them.
Your attorney can help you estimate how much your case might cost based on the facts of your situation and information about similar cases. When you consider this with the potential outcome of your case, you’ll be able to make a more informed decision about whether or not to proceed with a lawsuit.
When you’re involved in a personal injury claim, the settlement money will go through several hands before it reaches you. In the end, your attorney should take a percentage of the ‘net settlement’ to pay for their legal services. You and your attorney should discuss this percentage before agreeing to work together to ensure you’re both on the same page about how they will get paid.
Consult Our Dedicated Personal Injury Attorneys to Get an Estimate of Your Claim Settlement
Many people assume that lawyers charge a set amount for the representation of car accident victims. In reality, every case is different, and the final compensation a client receives depends on how much work goes into it and how much financial damages are finally recovered through settlement or court trial.
Our legal team at Rosenberg, Minc, Falkoff & Wolff, LLP is happy to offer free consultations. During the consultation, you will have a good idea of how we work—and what your legal fees will look like once the case concludes. In all personal injury cases, we work on a contingency fee basis. It means, if we don’t win, you don’t have to pay us anything.
Our attorneys have over a century of combined experience representing clients injured in auto accidents in New York. We understand how complex these cases can be and will work hard to ensure your rights are protected at every step. For a free case review and to find out exactly how much your case is worth, fill out this contact form online or call us at 212-344-1000 .
