New Hyde Park Motor Vehicle Accident Lawyer

Fault and Liability in a New York Motor Vehicle Accident Case

Cars are not the only types of motor vehicles on the road, and they are certainly not the only types of vehicles that can get into accidents. For example, according to the New York State Department of Motor Vehicles (DMV), there were 4,750 motorcycle crashes throughout the state in 2014. Over 4,000 of these collisions involved a personal or fatal injury.

If you were in a motor vehicle accident, you may be wondering who is responsible.

The answer might be one or more of the following:

• Another driver may have failed to follow the law or been distracted at the time of the crash.
• An auto parts manufacturer may have allowed defective, dangerous, or inadequately tested car parts onto the market.
• A mechanic may have been negligent and failed to adequately repair an involved car accident vehicle.
• A government department responsible for taking care of the roadway may have left hazardous materials on the street or implemented insufficient warning signs.

If one or more of these parties was negligent and contributed to your motor vehicle accident, hire a New Hyde Park motor vehicle accident lawyer. They will hold the at-fault party responsible for their actions and fight for the compensation you need to pay for your medical expenses, repair bills, and lost income. Call the Law Office of Cohen & Jaffe, LLP to get started. Our phone number is (866) 878-6774.

Possible Types of Recoverable Damages

You can sue for two different types of damages in a personal injury and wrongful death case.

First, you may be able to recover the cost of your noneconomic damages. These types of losses do not have an established monetary value, yet your lawyer can help calculate the cost of these expenses.

Noneconomic damages compensate you for things like:

• Diminished quality of life. This can range from having to give up a hobby to needing help with everyday activities, like cooking or getting dressed.
• Pain and suffering. This means that the accident had a negative physical or emotional impact on you.
• Disfigurement. Serious scarring can affect not only your appearance but also your ability to function without pain.
• Disability. Your physical or psychological health has been affected to such a degree that you can no longer function the way you used to.

Economic damages compensate you for the money you spent or lost due to your injuries.

Examples may include, but are not limited to:

• Lost income. You may have missed time from work due to your injuries. You may have been unable to earn the money that would have helped you pay your bills.
• Medical expenses. You may seek compensation for the reasonable cost of your medical expenses, including physical therapy, in-home nursing, and assistive devices.
• Repair expenses. Your motor vehicle may have been damaged or totaled as a result of the collision. Having to get it towed, repaired, or replaced is a big inconvenience that impacts not only your finances but your job and daily routine. You may be able to recover compensation for this expense.
• Funeral bills. If you had to pay for the funeral of a loved one who passed away in a car accident, you can seek compensation for the cost of the decedent’s funeral, burial/cremation, and memorial expenses.

You may be able to recover a settlement through negotiations with the liable insurance company. However, if the insurer refuses to extend a fair offer, then you may need to file a lawsuit to get the money you need.

Bear in mind that your right to file a lawsuit does not last forever. In New York, the statute of limitations differs depending on the type of case you are filing. For instance, if you are filing a personal injury lawsuit, you typically have three years from the date of the accident to do so, per Civil Practice Law & Rules (CVP) §214(4). Yet, if you are filing a wrongful death lawsuit, you usually have two years from the date of your loved one’s passing to file, per Estates, Powers & Trusts (EPT) §5-4.1.

A Lawyer Can Help You

If you are already stressed because of your motor vehicle accident, you might wonder if it is worth pursuing compensation. The Law Office of Cohen & Jaffe, LLP says yes, and here is why: we can take the lead on your case, assign fault and liability, and work to secure a financial recovery for your expenses. We can do this while you focus on recovering from your injuries and spending time with your family.

We can help you by:

Investigating Your Case and Filing an Insurance Claim

New York is a no-fault state, according to the New York Department of Financial Services (DFS). To recover compensation following a motor vehicle accident, you will first need to file a claim with your own auto insurance company. However, if your damages exceed your policy limits, then you may need to file a claim with the other driver’s insurance company to get compensated.

Filing a claim can quickly become very confusing––especially if the liable insurer denies or undervalues your damages. Our team can investigate the circumstances of your collision and present the evidence we find to the liable insurance company. We may be able to use your medical reports, traffic camera footage, and the police report to assert that you deserve compensation for your losses.

Negotiating with the Insurance Company

Most insurance companies do not want you to go to court if an out-of-court settlement can be reached. The insurer might offer you an insufficient settlement in the hopes that you will accept it, thereby ending your case.

Your lawyer will sit down and negotiate with the insurance company for the best possible outcome. If the insurance company refuses to accept our terms, then we can file a lawsuit against the at-fault driver.

Offering Flexible Payment Terms

We know that money may be tight for you right now, and we have no desire to add to your financial burdens. That is why we make a No Fee Promise; we charge you nothing upfront, and you only have to pay us if you receive compensation.

Call the Law Office of Cohen & Jaffe, LLP at (866) 878-6774. A New Hyde Park motor vehicle accident lawyer is ready and willing to fight for you.