What a car accident lawyer does following a New York traffic accident depends on the facts of your case. A car accident legal team will review the facts of the case, explain the victim’s rights, explore legal options with the victim or their family, and build a case based on those options. If you suffered injuries in a car accident on Long Island or elsewhere in the New York City area, a lawyer will help you with one or more of the following processes:
- Filing a no-fault Personal Injury Protection (PIP) claim
- Proving you qualify to pursue a fault-based claim
- Preparing and filing a personal injury lawsuit
An Attorney Should Take Steps to Help Clients Secure Financial Recovery
Enlisting the help of a lawyer provides accident victims with support from someone who knows how to navigate the compensation process. A personal injury attorney will go to work protecting their rights. This includes calculating the value of your losses and injuries.
When necessary, a lawyer will gather evidence to establish liability against the other driver by proving that driver’s negligence. This evidence will help to hold the at-fault motorist responsible for the victim’s injuries and recover a payout based on that driver’s car liability insurance policy or in court.
As an accident victim, you should be able to count on your lawyer to:
- Keep you updated on your case.
- Identify liable parties.
- Communicate with all parties for you.
- Gather evidence.
- Determine a value for your case.
- Fight to win every dollar of compensation that you deserve
New York auto accident insurance laws are somewhat more complicated than other states, but your attorney will help you understand how they apply to your case. This is another part of what a car accident lawyer does on your behalf. You may or may not be eligible to file a fault-based claim, but there should still be options for compensation.
To file a fault-based claim, you will need to suffer a “serious” injury as outlined in New York Insurance (ISC) § 5102(d) or exceed the damages covered by your PIP policy. As a part of handling your case, your attorney will determine if you are eligible based on the severity of your injuries and the value of your claim.
Building a Fault-Based Traffic Accident Case in New York
If your attorney determines you qualify to seek fault-based liability in your case, they will take steps to identify the driver who caused the accident and hold them accountable.
To do so, your lawyer will need to prove:
- The defendant had a responsibility to prevent an accident.
- The defendant failed to fulfill that responsibility through an act of negligence.
- That negligence caused a collision.
- You sustained injuries, losses, and expenses as a result of the accident.
The evidence available to prove negligence and liability could include:
- The traffic accident report
- Any physical evidence
- Video or photographs of the accident and scene
- Accident reconstruction
- Witness testimony
Your lawyer will also call in experts who will help to document your injuries, losses, and future expenses. Experts often play key roles in these cases. They will include medical experts, vocational rehabilitation specialists, life care planners, and economists.
Recovering Damages in a New York Car Accident Case
There are two ways your car accident lawyer will attempt to recover a fault-based payout in your case. First, they will attempt to negotiate an appropriate settlement agreement with the liable driver’s insurance company when possible. If this is not possible, depending upon the unique circumstances of your case, they will file a civil lawsuit in the appropriate jurisdiction and present the case to a judge and jury at trial.
In either of these situations, the outcome could include recovering compensation for the following types of damages:
- Treatment and care-related expenses
- Lost income and benefits
- Other out-of-pocket costs
- Loss of services
- Pain and suffering
- Diminished quality of life
- Other intangible losses
Under New York Civil Practice Laws & Rules (CVP) §214, you only have a limited time to file a lawsuit in this type of case. Speak with an attorney about your injuries as soon as you are able to following your accident.
Talk with a Member of Our Accident Team About Your Case Today
At Friedman & Simon, L.L.P., our team offers free case reviews to car accident victims. You can discuss your collision and injuries with a member of our team today at no cost and with no obligation to you.
We meet people on Long Island or elsewhere in the New York metropolitan area. We also have a multilingual staff who will work with you and help you understand your options in Spanish, Greek, Bengali, Tamil, and Kannada.
At Friedman & Simon, L.L.P., we are passionate advocates for victims of negligence. To learn how we can help you, call (516) 932-0400 now.