New York Motor Vehicle Accident Attorneys
A car accident, or any motor vehicle accident, is a tragic event that rains down a host of legal issues among the medical calamity that you are already dealing with. They can leave you swimming in a sea of turmoil and medical bills with no end in sight. A motor vehicle accident that results in serious personal injury brings feelings of anger, pain, rage, and confusion at the very least. When you get into an automobile in the city of New York, you have a reasonable expectance of safety. When other people act irresponsibly, shattering that expectation and causing you bodily injury, you need to speak to a personal injury lawyer because you may be due financial compensation.
According to the National Highway Traffic Safety Administration, accidents involving motor vehicles account for more deaths and injuries in a calendar year than all of the natural disasters combined. That means you have an overwhelming chance of being one of the more than 2 million people that are injured annually in an accident involving an automobile. When this happens, or if it already has, you need to contact The Law Offices of Michael S. Lamonsoff, PLLC right away. You need to seek legal counsel from an experienced auto accident lawyer. It is imperative that you have a highly skilled personal injury lawyer who is trained in handling motor vehicle accidents, who knows New York law, and will look out for your best interest. We are available around the clock to provide you with a free comprehensive consultation to help determine what financial compensation you may be due.
How is fault determined in an automobile accident?
There are a number of ways fault can be determined in an automobile accident. Sometimes, the fault may be divided among multiple parties. A thorough and complete investigation by the police, your attorney, and your insurance company will help bring the facts to light and determine fault. There are just so many factors that can contribute to the cause of automobile accidents. Here are some of the most common contributing factors that we see:
- Inclement weather
- Distracted driving/texting
- Mechanical failures like brakes or tires
The state of New York has its own laws governing traffic violations and fault determination, as most states do. A violation of these state statutes on public roads determines fault and dictates who is responsible for payment. If responsibility is split or mutual in an accident, financial compensation can be adjusted to reflect that.
What defines an automobile accident?
An automobile accident is any accident involving a motor vehicle. In a heavily populated area, such as New York, there are many automobile accidents involving pedestrians or even bicyclists. It is not uncommon to be involved in a motor vehicle accident even if you are not riding in one. You could be riding a bicycle, walking down the road, or even on the back of a motorcycle and somehow get injured in an accident involving a motor vehicle. There have even been accidents involving pedestrians standing in line in a coffee shop when a driver did not hit the brakes fast enough. A combination of multiple contributing factors in automobile accidents can make many things possible.
What type of compensation can I recover?
The type and amount of compensation you recover in an automobile accident will depend on many different factors. Of course, the severity of your injuries and whether you are liable for any portion of the accident will impact the amount of compensation you may receive. The amount of coverage carried by all individuals involved in the accident and whether the other party is a private citizen or on the job at the time of the accident will dictate how the case unfolds. Some of the most common types of compensation awarded in these types of cases includes the following:
- Medical Expenses – past, present, and future
- Lost Wages
- Loss of Future Earnings
- Property Damage
- Pain and Suffering
Other compensation may be awarded, depending on the facts of the case, but these are the most common. A highly trained personal injury lawyer can help you recover the full amount of compensation you are due after an auto accident.
What is ‘No-Fault’ insurance?
‘No-Fault’ insurance is available in New York regardless who may have caused the accident involving the motor vehicle. ‘No-Fault’ insurance typically covers lost wages, medical supplies, and reimbursement for household duties that cannot be performed. There must, however, be documentation from a medical provider confirming injuries and most policies will not pay out more than $50,000. New York law dictates that each automobile insurance policy includes a minimum of $50,000 worth of ‘No-Fault’ coverage for each occupant of the vehicle.
How long do I have to file a lawsuit?
There are also a few different factors that may affect any lawsuit you are considering. Some injuries are not always apparent right away and may make themselves known slowly over time. The state of New York imposes a three-year statute of limitations for filing a lawsuit if you have sustained injuries in an accident involving a motor vehicle. The statute of limitations may begin the day of the accident or the date the resulting injuries were reasonably discovered. However, if you have been involved in an accident, and think you may have a case, you should speak to an attorney immediately. Evidence dissipates over time, and crucial evidence may be completely lost if you wait too long to start an investigation.
Now, if you are submitting medical bills to a ‘No-Fault’ carrier, this must be done within forty-five days of the date of treatment. This is a very strict guideline so it is something you should either do yourself or ask someone you trust to help you. Don’t assume that it is being handled because that could result in you being personally responsible for those medical bills.
Why should I have an attorney handle my case?
It is not uncommon for an insurance company to contact the victim of an automobile accident and attempt to settle the case. Their offers may be tempting, but most of the time they are only a percentage of what your case is really worth. It is important to remember that an insurance adjuster works for the insurance company, not for you. An experienced attorney, highly trained in the practice of automobile injuries, will represent your best interests. Your personal injury lawyer will have extensive experience handling car accident claims and many other cases involving victims of motorized vehicles. Your car accident lawyer will protect you, represent your interests, and fight for the compensation that you deserve.
What should I do if an insurance company contacts me after my accident?
You should very politely, but very sternly, direct them to speak with your attorney. They will understand, they know they are not really there for you. If you have not yet retained legal counsel, it is vital that you do not sign anything or give any recorded statements. Doing so can void your legal right to financial compensation.
Personal injury lawyer with extensive experience in motor vehicle accidents
The Law Offices of Michael S. Lamonsoff, PLLC has extensive experience and a proven track record of success handling automobile accident claims in New York. We work closely with experts in the field to investigate diligently while preparing and presenting the strongest argument available so you can recover the full amount of financial compensation in a case. Whether you were a passenger in a vehicle, walking down the road, or riding a bicycle, The Law Offices of Michael S. Lamonsoff, PLLC will fiercely fight for your rights and represent your best interests so that you can concentrate on recovering. If you have suffered the tragedy of a serious injury due to an auto accident, call The Law Offices of Michael S. Lamonsoff, PLLC today. Our personal injury lawyers will represent your best interests every step of the way. You can call the toll free number at (877) 675-4529 to set up your initial consultation, or you can fill out our consultation request form and we will get in touch with you shortly. Don’t hesitate to speak with us if you have been involved in a motor vehicle accident, and you sustained injuries. Contact our office immediately and protect your rights.