New York Car Crash Lawyer
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New York Car Crash Lawyer
It is possible to obtain compensation after a car crash in New York. However, the amount of compensation you may be able to recover will depend on the steps you take right after the accident. While there are many things you could do to improve your chances of recovering damages for your injuries and losses, hiring a New York car crash lawyer is the ultimate game changer.
Engaging Morgan and Morgan, America's largest injury firm, is even better. We will review your case for free to determine whether you have a feasible case. If you do, we might be able to represent you. Fill out this form to get started.
When to Hire a New York Car Crash Lawyer
You'll find different answers to this question, most of which can be confusing. Because each case is different, we recommend seeking legal counsel just as long as you or a loved one has suffered serious injuries resulting from the crash. Remember, you do not lose anything by consulting an attorney. Instead, you are better off knowing what to expect from your case from the onset than waiting for last-minute surprises.
What to Look for In a Car Crash Lawyer In New York
You won't run out of options when looking for a lawyer to represent you in this state. But the goal is not just to find any attorney; you need someone with unique qualities that could potentially increase your chances of success.
The right attorney to handle your case should have experience dealing with insurance companies and navigating the legal system at the state or county level. Having an experienced legal professional gives you peace of mind knowing that they will advocate for your rights and ensure the best possible outcome.
Secondly, look for a lawyer with access to legal resources to build a strong case on your behalf. Such an attorney is less likely to settle for any kind of compensation to avoid going to court.
Because court processes are usually expensive and resource-intensive, some attorneys — especially those who lack the resources to fight — may end up settling for a lowball offer. This could hurt your case because you may not have another chance to seek compensation for your injuries and losses once the case has been closed.
To be sure that you are on the right track to finding a good lawyer, spare some time to read their reviews online. This step can help you gauge the lawyer's reputation in the legal community and whether you can trust them to handle your case.
One way to find out whether you are dealing with a competent lawyer is by checking past success in handling car crash cases. Ask about their track record in securing favorable settlements or winning verdicts in court for their clients. A lawyer with a history of achieving substantial compensation for their clients in and out of court is best suited to fight for your rights effectively.
Damages a Car Crash Lawyer Can Help Recover
Under New York's mandatory Personal Injury Protection insurance laws, your own insurance coverage, which amounts to $50,000 per person, will take care of certain medical expenses and lost wages after such an accident.
However, if the PIP insurance coverage cannot cover the value of your claim, you may be able to sue the other party. If you succeed with the lawsuit, you may recover both economic and non-economic damages.
New York also allows for punitive damages in specific personal injury cases, but these damages are very rare. Also, note that in order to be eligible for punitive damages, the personal injury claim must proceed to trial. In other words, you should not expect to be awarded punitive damages if you settle the case out of court.
The whole point of this award is to punish the other party for their "willful and wanton" behavior. So mentioning punitive damages during the settlement negotiations outside of court could jeopardize the entire process.
However, if the insurance company plays hardball and your attorney decides to take the case to court, then recovering punitive damages is a possibility. But first, they will have to prove to the judge or jury that the other driver (or any other party responsible for your injuries) intentionally caused the accident or displayed a flagrant disregard for the safety of others, such as in the case of a drunk driving collision.
You Don't Have to Worry About the Costs of Hiring a Lawyer
For most people, particularly victims of car crashes and their families, the cost of hiring an attorney is usually a topic of major concern. We get that a lot when we interact with our clients. The thought of hiring an attorney, especially one from America's largest injury firm — Morgan and Morgan — might discourage you from seeking compensation for your injuries or losses.
But the good news is that with us, you don't have to worry about the upfront costs, thanks to our contingency payment system. In this payment arrangement, you only pay us if we win the case.
That explains our slogan — the fee is free unless we win.
So why represent you for free? What is the catch?
Nothing at all. There are no hidden fees. Instead, this system is designed to fight for you and your loved ones without having to worry about the legal costs involved.
In other words, the goal is to make top-class legal representation accessible to everyone, regardless of their financial situation, and not only those who can afford it. As a result, you can comfortably pursue your car accident claim without stressing about the immediate financial burden of attorney fees because, in actual sense, a good lawyer can be expensive to retain.
The contingency payment system also offers a huge relief, especially when you are already dealing with medical bills and other expenses resulting from the accident. The last thing you want is to find yourself in a situation where you have to choose between continuing your treatment or saving money to hire a lawyer.
With this system, you can do both at the same time.
So what happens if your lawyer wins the case? If so, they will receive a small percentage of the compensation you are awarded. This percentage is agreed upon between you and your attorney upfront and is usually a third of the total settlement.
You Can Help Your Lawyer Fight For Your Rights
One common misconception about car crash cases and personal injury in general is that once you hire a lawyer, it is game over for the other party. While there is some truth to that, it is important to note that this is not a one man show.
It takes the collective effort of your attorney, their legal team (such as paralegals), experts in different fields, and you, as the plaintiff, to finally get the insurance company to accept your claim or the judge to rule in your favor if the case goes to court.
For this reason, the things you do as an individual will have an impact on your case, regardless of the kind of attorney you hire to represent you.
For example, after getting injured in a car crash, you are expected to seek immediate medical attention for your injuries. This step is critical for your well-being and can also help establish that you indeed got injured. The auto accident doctor will document your visits and share a copy of the documentation with your attorney upon request and your approval. The lawyer will then use this information to strengthen your case.
Seeking medical attention is not enough; you should attend all of your doctor's appointments and follow the prescribed treatment plan. Consistent medical documentation demonstrates the extent of your injuries. It is also another way to establish a clear link between the accident and your damages.
Avoid discussing the details of the accident with anyone other than your lawyer or healthcare provider. Statements made to friends, family, or even insurance adjusters may be taken out of context and used against you during settlement negotiations or litigation.
In addition, refrain from posting about the accident or your injuries on social media platforms. This is especially true if you are claiming a significant amount of compensation. Insurance companies, their claim adjusters, and defense attorneys may monitor your social media activity to gather evidence that contradicts your claims or undermines your case. While it is understandable that you may want to update your friends and family about your situation, especially healthwise, make sure you discuss with your attorney the use of social media and how it could impact your case.
Lastly, make sure you follow your lawyer's instructions. You can trust them to fight for your rights because they always have your best interests at heart.
Remember, when you get injured in a car accident, insurance companies will likely turn against you. It won't matter if the accident occurred in a no-fault state like New York. We mentioned earlier that your PIP coverage may cover up to $50,000 worth of damages, meaning you may be entitled to this amount and even more from the other party, depending on the unique circumstances of your case. However, there is no way the insurance provider will want to part with that amount or even less without a fight.
Every day, these companies prioritize profits over their client's well-being. So whether you need just a small amount to settle your medical bills or more to cover other damages, the insurance carrier won't want to listen to your plea. That is where an attorney comes in to demonstrate that you have rights that deserve to be protected and that there will be consequences if such rights are violated.
You Don't Have All the Time in the World To Hire an Attorney
You should act fast to preserve your claim. This is because New York has specific time limits that dictate the actions a person injured in a car crash must take to protect their legal rights. Failing to adhere to these deadlines can result in the loss of proper and adequate compensation. Generally, you have three years from the date of the accident to file a lawsuit.
Keep in mind that these are not the only deadlines you should be concerned about. You should contact an attorney as soon as possible to determine whether you have a viable claim and all applicable deadlines you must adhere to.
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Should I Contact a Lawyer if I Am Partly at Fault for the Car Crash?
Yes, you should. New York follows the legal principle of pure comparative negligence. This means that the amount of compensation you can recover in a personal injury lawsuit will depend on your percentage of fault for the accident. So even if you are 10% at fault and the other party at 90%, you may still be entitled to compensation.
Who Can Be Liable for a Car Crash in New York?
Liability may fall on different parties, including but not limited to:
- the driver who caused the accident through negligence;
- an employer if the accident involved a company vehicle (and the at-fault driver was on shift);
- a manufacturer if the accident occurred due to a faulty car part
- government agencies for accidents caused due to dangerous road conditions and other similar forms of negligence; and
- a rental car company if they were negligent in any way.
Let's Discuss Your Car Crash Case
The first step in the journey to obtaining the compensation you deserve involves having your case evaluated by someone who understands the complexities of New York's traffic laws. There is no better way to achieve this than by contacting the nation's largest and most powerful injury firm.
Fill out our free case evaluation form today to get started. One of our legal representatives will contact you to discuss the next steps forward.