New York Car Accident Lawyers

NYC Car Accident Lawyers

New York Car Accident Lawyers: Everything You Need To Know

Choosing the Best New York Car Accident Lawyer

Choosing the right car accident lawyer in New York can be a challenging task. Look for attorneys with a strong track record of successful outcomes, a focus on car accident law, and positive client testimonials. You may want to choose a lawyer with deep knowledge of NY state laws, a personalized approach, and a commitment to your recovery—both physical and mental.

Understanding Lawyer Fees

Car accident lawyers in New York typically operate on a contingency fee basis.

  • This means that they don’t charge upfront fees.

Instead, they collect a percentage of your settlement or verdict, usually between 25% to 40%. If you don’t win your case, you typically owe nothing.

Filing a Car Accident Claim in New York

When it comes to filing a car accident claim in New York, the process can be complex. Firstly, you need to inform your insurance company about the accident immediately. You have only 30 days to file a No-Fault insurance claim in New York. A car accident lawyer can help you navigate these tight deadlines and compile necessary evidence.

Understanding Personal Injury Laws in New York

In the context of car accidents, New York’s personal injury laws allow victims to seek compensation for damages incurred. As mentioned earlier, New York is a “No-Fault” state. This means that minor accident injuries are covered by personal injury protection insurance, regardless of who caused the accident. However, for serious injuries, victims can step outside the No-Fault system and sue the other driver directly. In New York, the threshold for what constitutes a ‘serious injury’ includes factors like disfigurement, fractures, and substantial disability for 90 days or more.

Filing a Car Accident Claim in New York: Detailed Process and Deadlines

Filing a car accident claim in New York involves several deadlines. Here is a detailed breakdown of these deadlines and what each one entails:

  1. File Accident Report: You are required to file an accident report within 10 days of the collision.
  2. File No-Fault Claim: A No-Fault claim must be filed within 30 days from the accident date.
  3. File for Lost Wages: There are multiple deadlines involved in filing for lost wages. Consult a knowledgeable attorney for detailed guidance.
  4. File for New York State Disability: If you’re filing for disability, it must be done within 30 days of the collision.
  5. File Notice of Claim: If applicable, a notice of claim must be filed within 90 days of the accident.
  6. File Claim Against Other Driver: While there is no specific deadline for this, it’s recommended to act as soon as possible.
  7. File Claims with MVAIC: If injured by an uninsured individual, you have 90 days to file claims with the Motor Vehicle Accident Indemnification Corporation (MVAIC).
  8. File SUM/UM Claim: File a supplementary uninsured/underinsured motorist claim as soon as possible.
  9. File Lawsuit: In most cases, lawsuits must be filed within three years of the accident. However, certain circumstances can alter this time limit, and minors may qualify for an extension.

Remember, while this process can be daunting, a dedicated New York car accident attorney can guide you through every step.

Types of Car Accidents

Car accidents vary in severity and type, including rear-end collisions, T-bone accidents, head-on collisions, rollovers, and hit-and-runs. Each type of accident has different factors, liabilities, and damages involved, which a proficient New York car accident attorney can help you understand.

Detailed Understanding of Compensation and Injuries from Car Accidents

Car accidents can lead to various types of injuries, each of which can significantly affect the victim’s life and necessitate different kinds of compensation.

  1. Physical Injuries: These injuries range from minor scrapes and bruises to more serious injuries. Some of the most common include:
    • Whiplash and Neck Injuries: These can occur even in low-speed collisions, causing pain, reduced mobility, and other complications.
    • Back and Spinal Cord Injuries: These can result in chronic pain, paralysis, or other disabilities.
    • Traumatic Brain Injuries (TBIs): TBIs can lead to cognitive impairment, memory loss, or changes in personality.
    • Broken Bones: Depending on the severity, these injuries can require surgery and extensive rehabilitation.
    • Internal Injuries: These can be life-threatening and may require immediate medical intervention.
  2. Mental and Emotional Injuries: Car accidents can also result in emotional distress, anxiety, depression, or even Post-Traumatic Stress Disorder (PTSD). These mental health conditions can be as debilitating as physical injuries and often require long-term therapy and treatment.

Victims of car accidents are entitled to seek compensation for their injuries. There are typically two types of damages in a personal injury case: economic and non-economic damages.

  1. Economic Damages: These are the out-of-pocket expenses related to the accident, which include:
    • Medical Expenses: This includes compensation for all medical costs related to the accident, such as ambulance fees, hospital bills, physical therapy, rehabilitation costs, and future medical expenses for ongoing treatment.
    • Lost Wages: If the accident causes you to miss work or reduces your ability to earn, you can be compensated for these lost wages. This also includes loss of future earnings if you’re unable to return to work or have to change careers due to your injuries.
    • Property Damage: This includes compensation for damage to your vehicle or other property in the accident.
  2. Non-Economic Damages: These refer to the intangible losses suffered due to an accident, which include:
    • Pain and Suffering: This covers physical pain and emotional distress caused by the accident and subsequent injuries.
    • Loss of Enjoyment of Life: This applies if the injuries you sustained in the accident prevent you from enjoying day-to-day activities and hobbies.
    • Loss of Consortium: This covers the impact of the injuries on your relationship with your spouse, including loss of companionship or inability to maintain a sexual relationship.

Every car accident case is unique, and the type and amount of compensation you may be eligible to receive will depend on the specifics of your case. It’s essential to consult with a knowledgeable car accident lawyer in New York who can guide you through the process and help you understand your rights and options.

FAQ: Key Questions to Ask Your Potential Car Accident Lawyer, With Ideal Responses

Before retaining a car accident lawyer’s services, it’s important to ask some key questions and know what an ideal response looks like:

  • What is your contingency fee?
    • “Our fee is typically between 25-40%, and it’s only collected if we win your case.”
  • Do you specialize in car accident law?
    • “Yes, we have X years of experience in car accident cases and have a strong track record of success in this field.”
  • Can you provide references from past clients?
    • “Absolutely, we can provide testimonials or contact information of past clients who had similar cases.”
  • How familiar are you with NY car accident laws and personal injury laws?
    • “Our team has extensive knowledge of NY car accident laws and personal injury laws, ensuring we can provide you with the most accurate advice and strong representation.”
  • How often do you take cases to trial?
    • “While we strive to secure the most favorable settlements for our clients, we are not afraid to take cases to trial when necessary. We have a solid trial record.”

Remember, you don’t have to face this challenging journey alone. Reach out to one of the top-rated New York car accident lawyers to discuss your options and take the next steps towards justice and recovery.


Dive Deeper Into Specific Personal Injury Topics

Expand your knowledge about personal injury laws and protections in specific scenarios by exploring our related pages:

  1. Truck Accidents: Large commercial trucks can cause devastating accidents. Learn about specific laws and compensations on our Truck Accident page.
  2. Motorcycle Accidents: Motorcyclists often face severe injuries in collisions. Visit our Motorcycle Accident page to learn about your rights and options.
  3. Rideshare Accidents: Involved in an accident with Uber or Lyft? Visit our Rideshare Accident page to explore your legal recourse.
  4. Bicycle Accidents: Cyclists are vulnerable to serious injuries in accidents. Discover your rights and protections on our Bicycle Accident page.
  5. Pedestrian Accidents: Accidents involving pedestrians can lead to life-altering injuries. Learn more on our Pedestrian Accident page.
  6. Wrongful Death: Coping with a loved one’s loss is devastating, especially when it was preventable. Learn about your legal options on our Wrongful Death page.
  7. Product Liability: Injured by a defective product? Discover the legal responsibilities of manufacturers on our Product Liability page.
  8. Mass Torts: When many people are injured by the same product or event, a mass tort lawsuit may be necessary. Learn more on our Mass Tort page.

We’re here to help you navigate the complexities of personal injury law. If you need advice on any of these topics, don’t hesitate to reach out to a knowledgeable New York personal injury lawyer.