Massapequa Park Car Accident Lawyer

You Have to File with Your Own Insurer, as New York is a No-Fault State

Because New York is a no-fault state, following a collision, an injured claimant must file a claim with their own insurer to recover compensation. If a claimant’s injuries are considered “serious,” they may be able to file a claim against the other motorist.

According to the New York State Department of Financial Services (DFS), you only have 30 days to file a claim with your insurance company. So, you should not procrastinate filing. The Law Office of Cohen & Jaffe, LLP can speak with your insurer for you. We do not want you to fall victim to the tactics insurance companies are known to use to undervalue claims.

We know how they operate, and we won’t let them block us from securing the settlement you are eligible to receive. Your lawyer will determine the value of your settlement. If they can’t reach an agreement on your payout with the claims adjuster, we have no problem litigating your case. Your lawyer will do what they can to get you fairly compensated for the damages you endured because of someone else’s negligence.

Your Time to File a Lawsuit is Also Limited

According to CVP § 214, you usually have three years to file a personal injury lawsuit. This is not a lot of time when you consider everything we must do to build a robust case. If settlement negotiations fail, you have less time to pursue compensation.

Establishing Negligence Following a Massapequa Park Car Accident

If you file a claim against another driver, you must prove the following four tenets of negligence:

Duty of Care

Duty of care is defined as the legal obligation that all drivers have to drive their vehicles safely. A reasonably prudent driver obeys traffic laws and considers the safety of others.

Breach of Duty of Care

You must show that the negligent driver breached their duty of care. With evidence, you can prove their breach happened through:

• Distracted driving
• Failing to follow traffic laws
• Driving recklessly
• Driving intoxicated
• Another careless act

This is not an exhaustive list.

Causation

You must also be able to show that the driver’s negligence caused your accident. This can be proven through the use of evidence, such as:

• The crash report
• Damage to the vehicles
• Eyewitness testimony
• Videos
• Pictures
• Accident reconstructionist testimony

Again, this is not a complete list. Your lawyer can gather any necessary evidence.

Damages

Lastly, you must show that you have damages as a result of the accident. Every motor vehicle accident is unique. Each victim’s damages are different, but typical damages look like the following:

• Pain and suffering
• Medical bills
• Lost wages/diminished earnings
• Disability
• Disfigurement
• Property damage
• Physical therapy

Your Massapequa Park car accident lawyer can help you prove the other party’s negligence.

Typical Causes of Car Accidents in New York

As discussed above, you have the responsibility to prove the other driver’s negligence in order to recover damages. Some common forms of negligence that may have caused your collision include:

• Distracted driving – The driver may have been talking on the phone, texting, eating, messing with the GPS, or engaging in another behavior that distracted them from the road.

• Speeding – The driver may have been disobeying the speed limit and driving much faster than they should have. This careless act is responsible for many auto accidents.

• Driving while fatigued – Fatigued driving is similar to intoxicated driving as you may have delayed responses, drift into other lanes, and have a hard time maintaining speed.

• Driving under the influence of alcohol or drugs – The driver could have been operating their vehicle while impaired, which can lead to tragic accidents.

• Driving too fast in inclement weather – If a driver was failing to be cautious in rainy or snowy weather, for instance, this may have been the cause of the accident.

• Not obeying traffic rules – Accidents happen when drivers choose not to follow traffic rules, such as driving through stop signs and red lights or failing to yield.

• Driving recklessly – This negligent behavior entails driving at high speeds and swerving in and out of lanes.

Your motor vehicle accident lawyer will determine how your Massapequa Park accident happened and assist you in taking action against the liable party.

We do Not Take Any Payment Up Front

If you decide to work with us, know that you do not pay your lawyer anything up front. It is only if we win you a settlement, judgment, or jury verdict that we get paid. We take our fees from your financial award.

If we do not secure you any compensation, we get paid nothing. With a contingency-fee agreement, clients have nothing to lose. Our focus is always obtaining justice, not easy money.

Explore Your Legal Options Today

You or a loved one could have suffered injuries in a car accident in the Oyster Bay village of Massapequa Park, and believe a party’s negligence caused it. A motor vehicle accident lawyer from the Law Office of Cohen & Jaffe, LLP can help you. Contact us today at (866) 878-6774 to get started.

A team member will listen to the facts of your case and know how to get your case moving forward. The consultation is confidential and free of charge.