Hiring a New York Car Accident Attorney
According to the National Safety Council, over 5 million Americans received medical care due to motor vehicle injuries in 2021. If you’ve been hurt in an auto accident in New York, you can count on the personal injury attorneys at Leav & Steinberg, LLP to answer your questions and help you pursue your legal options.
Do I Need an Attorney After a Car Accident in New York, NY?
A major car accident can be a traumatic experience for everyone involved. After taking pictures of the scene and exchanging information with the other drivers, discussing your case with a New York car accident lawyer can be the best way to protect your rights. An experienced attorney will offer guidance for dealing with insurance companies and pursuing financial compensation from the driver responsible for the accident.
At Leav & Steinberg, our team of attorneys will work diligently to properly document your injuries and help you understand your legal options. Along with an attorney, you’ll also have a paralegal and access to our online case management system. This system allows you to keep track of documents, emails, and more, even after your case ends.
Key qualities to look for in a New York car accident attorney
Identifying specific attributes in a potential attorney is crucial to ensure the best outcome for your personal injury claim.
A top lawyer should have extensive experience handling personal injury cases in New York City, demonstrating a track record of successful outcomes. Their expertise should be evident in navigating the complexities of insurance claims and understanding the nuances of city-specific regulations.
Communication skills are also paramount, as your attorney should be adept at explaining processes, providing updates, and advocating fervently on your behalf. Being sure you choose a lawyer with these qualities can significantly impact the success of your case.
What to Do After You’ve Been in a Car Accident in NYC
The accident scene can be overwhelming in the moments following a car crash.
If involved in an automobile accident, whether it’s due to drunk driving, negligent driving, or anything in between, it’s crucial to prioritize your safety and health. Call 911 immediately following your accident so medical professionals can properly check you for injuries. No matter if it’s a minor fender-bender with another vehicle or a pedestrian struck, causing a catastrophic injury, you should always seek medical attention. Some serious injuries might not manifest immediate symptoms.
Next, document the scene, capture photos if possible, and gather witness accounts. This can be vital for future insurance claims or personal injury lawsuits.
Contacting a reputable law firm experienced in traffic accidents and New York Transit Authority rules of conduct can guide you in understanding your rights and help you recover compensation for damages like future medical bills. Remember, while most car accidents may appear straightforward, some situations, especially fatal crashes, require expert guidance to navigate the aftermath.
Types of Auto Accident Cases
Following an accident, drivers can file a no-fault claim in New York up to 30 days afterward. For damages that exceed New York no-fault limits, you have three years to file a lawsuit. However, motorcyclists cannot file a no-fault calm. Regardless of the type of accident or injuries you’ve experienced, a New York City lawyer can help you receive the compensation you deserve.
Within New York City, some common types of auto accident cases include:
- Left Turn Collisions: In most situations, drivers making a left turn are supposed to yield the right of way to oncoming traffic, meaning they’re usually at fault if there’s an accident. The driver turning left may not be at fault if the oncoming car they struck was speeding, and the same is true if the driver turning left had a green light, and they hit someone who was running a red light or intoxicated.
- Rear-End Collisions: According to reports by the National Highway Traffic Safety Administration, over a third of all auto accidents involve getting rear-ended. Similar to left-turn collisions, the fault usually lies with the driver of the trailing vehicle. In multi-car accidents, every car (aside from the one in the front) may share some degree of fault if they were tailgating the car in front of them because New York is a comparative negligence state.
- Pedestrian Accidents: Every day, millions of people walk to get to work, run errands, and meet with their friends. Sometimes, drivers aren’t paying attention and hit people as they cross an intersection. Pedestrians usually have the right of way unless they happen to be jaywalking (crossing the street outside of the crosswalk) and cause an accident.
- Underinsurance and Underinsured Driver Accidents: Many underinsurance policies pay out significantly less than the coverage you receive for your liability policy if you’re in an accident caused by a driver whose auto insurance can’t cover your bills. Uninsured motorist coverage can protect you if you’re in an accident with an at-fault driver who doesn’t carry liability insurance. Underinsured motorist coverage is applied when you’re in an accident with an at-fault driver whose liability limits are too low to cover the medical expenses for any injured parties involved. If your payout from an at-fault driver’s insurance company doesn’t cover your med bills, lost wages, etc., you will have to hire a personal injury attorney to sue for additional compensation.
Do You Have a Case for a Car Accident Claim?
If you believe another driver was at fault for the accident that caused your injuries, you may have a strong claim for a lawsuit. A key factor in a successful case is proper evidence of an injury. Documentation for an accident injury should include proof of a medical evaluation, treatment, a police report, and pictures of your injuries and the damage to your vehicle. Section 5102(d) of the New York State Insurance Law states that a lawsuit can be filed for the following injuries:
- Bone fractures
- Significant cosmetic scarring
- Significant limitation of bodily function
- A medically determined injury that prevents a person from conducting all of their customary daily activities for at least 90 of the first 180 days after the injury
NYC Personal Injury Attorney Reviews
“I had the pleasure of working with Mr. Steinberg, who provided the best guidance and support. He always answered my calls, was always on top of everything, and guided me through the process. Would recommend him to anyone and everyone!” – Diane Puccio
“It was an absolute and great experience. Mr. Ricardo Martinez was very professional and fought hard for my rights. My note is 10, and I should recommend it to everyone I know. I also want to mention Britney and Loreta! It was Loreta who introduced me to your firm; at the end, I want to thank all at Leav & Steinberg!” – Mr. Lorenz V.
“I am so thankful and grateful for the experience I had with Leav & Steinberg, LLP. My lawyer, Stephen Chyi, went above and beyond to help me out after a tough accident. Not only is he professional and hardworking, but he’s also empathetic and made sure I was well-compensated for my suffering. The team paralegal, Emily, was also super helpful in answering any additional questions I had. They made this process as quick and painless as possible. I highly recommend this firm to anyone in search of a great legal team!” – Cassandra Fernandez
New York Car Accident Attorneys Verdicts
- $3,000,000 Settlement in open court just before trial for an infant who was crossing the street with a walk signal in her favor when she was struck by an ambulance that was not using its lights or sirens. She was nine years old at the time of the incident. She sustained a fractured leg and fractured foot and required skin grafts.
- $2,100,000 Settlement obtained for a woman whose vehicle was hit in the rear while stopped at a red light. The plaintiff sustained shoulder, neck, back, and hand injuries and required spinal surgery for the removal of cervical discs and carpal tunnel release surgery on both hands.
- $1,250,000 Settlement at Mediation for a man who was waiting at a red light when his vehicle was rear-ended by a driver who admitted he was distracted by his cellphone. He sustained injuries to his neck and an aggravation of a prior back injury which required surgery.
New York Car Accident Attorneys FAQs
How long does the typical car accident case take to resolve in New York?
In New York City, the duration of a car accident case can vary widely based on the complexities involved. However, on average, many cases are resolved within a few months to a year. For intricate cases, especially those with severe car accident injuries or disputes over liability, it may take longer. Working with an experienced car accident attorney in New York, NY can expedite the process and ensure all essential steps are taken promptly.
What factors contribute to determining the value of a car accident claim in NYC?
Several factors influence the value of a car accident claim in NYC. Some of these include:
- Severity of Injuries: Those with severe injuries typically have higher medical bills and may require long-term care, leading to higher claims.
- Damage to Property: The extent of damage to your motor vehicle and other property can also determine the claim’s value.
- Lost Wages: Missing work due to car accident injuries can be factored into the claim.
- Liability: Determining who was at fault, whether it was a drunk driver or another cause, can affect the claim’s outcome.
- Insurance Coverage: The amount of available insurance coverage can limit the claim value.
For a comprehensive assessment, it’s advised to consult with a New York City lawyer who specializes in personal injury law.
How often do car accident cases in New York go to trial?
According to The Law Dictionary, about 95% of pending lawsuits end up getting settled out of court.
Still, a small percentage do proceed to trial. The decision to go to trial is typically based on disagreements over liability or the claim’s value. An experienced car accident lawyer can provide insights on the chances of success at trial, which often depends on the evidence, witness testimony, and the circumstances of the car crash. Generally, NYC car accident lawyers work diligently to secure a favorable settlement for their clients without the need for a trial.
How will an NYC car accident attorney handle communication with insurance companies on my behalf?
An NYC car accident lawyer acts as a mediator between car accident victims and insurance companies. They handle all communications, ensuring that victims’ rights are protected. This includes negotiating claims, countering lowball offers, and ensuring that insurance companies do not take advantage of victims. With knowledge of New York law and insurance coverage nuances, experienced car accident lawyers can ensure victims get a fair deal.
What is the statute of limitations in New York for personal injury action?
In New York, the statute of limitations for personal injury claims, including motor vehicle accidents, is typically three years from the date of the accident. However, there may be exceptions, especially if the accident involves government entities or if it’s a claim for wrongful death. It’s imperative to contact an NYC car accident attorney as soon as possible to ensure you don’t miss any critical deadlines in your auto accident case.
Leav & Steinberg Can Help You File a Car Accident Lawsuit
Our NYC law firm, Leav & Steinberg, will provide you with a top car accident lawyer who will be committed to your case and help you deal with car insurance companies. Our experienced attorneys have worked on many New York car accident cases and earned our clients significant settlements.
To request a free consultation at our offices in Manhattan and the Bronx, call Leav & Steinberg today at 347-427-5171.