When Should You Get a Lawyer for a Car Accident?
Knowing what to do after a New York traffic accident can be confusing.
You should consider getting a lawyer for a car accident if:
- You are unsure if your injuries meet the New York State Bar Association’s “serious injuries” threshold.
- You are unsure about how to negotiate with insurance representatives.
- You are worried about paying for treatment and missing time from work.
- The at-fault party’s insurance company is refuting blame for the accident.
- You have received (but have not agreed to) a low settlement offer from the insurer.
- Your accident involves multiple parties who could be liable for paying compensation.
Car accidents can be expensive, time-consuming, and frustrating to manage. You should consider discussing your legal options with a law firm that offers a free consultation.
How a Personal Injury Car Accident Lawyer Can Help You
When you contract the services of a New York car accident lawyer, they will employ various legal measures that work to recover compensation for your various out-of-pocket expenses. Because New York is a no-fault state, first, to recover compensation, you will need to file a claim with your own auto insurance company.
However, if your damages exceed your policy limits and you are left with serious injuries, you could file a claim with the other party’s insurance company. Still, if you cannot recover fair compensation, you can file a lawsuit.
Aside from protecting your rights and helping you navigate the legal process, your lawyer may also:
- Provide an investigation into the cause of your accident
- Identify who is responsible for the accident
- Gather supporting evidence to strengthen your claim
- Prove that negligence resulted in your injuries
- Evaluate the economic impact of the accident on your physical, emotional, and financial wellbeing
- Negotiate with the at-fault party’s insurance company
- Review settlement offers
- File a lawsuit and go to court
Per Civil Practice Law & Rules (CVP) §214(4), injured claimants typically have three years to file a New York car accident lawsuit. Depending on when your accident happened, you may not have a long time to initiate legal action. For that reason, you should consider getting a lawyer for a car accident as soon as you can.
A New York Car Accident Lawyer Can Determine Negligence
When you team up with a car accident attorney to recover compensation, they will need to determine how another party’s negligence resulted in your bodily injuries and financial losses. To accomplish this goal, they may need to reference the guidelines set in place by the American Bar Association.
Your lawyer will need to prove:
- Duty of care. The other party in your collision owed all road users an obligation to keep them safe.
- Breach of duty of care. The other party did not uphold their civil obligation by putting others at risk of harm.
- Causation. The other party’s actions caused the accident.
- Financial losses. You have incurred medical bills, lost income, and other monetary damages as a result of the collision.
The aftermath of a car accident can leave you reeling. Knowing how to recover a fair settlement for your injuries and other losses can be confusing–– especially if your injuries are severe or your accident involved multiple parties. To alleviate the stress associated with the claims process, many people choose to seek legal representation.
Compensation Available Following a New York Car Accident
Determining a suitable course of action will depend on the nature of your injuries and the circumstances of your accident.
Compensation is available to help meet the costs incurred from:
- Current and future medical bills
- Rehabilitation costs
- Lost wages
- Reduced future earning capacity
- Pain and suffering
- Emotional trauma
In the event of wrongful death, the personal representative of the decedent’s estate can pursue compensation for qualifying beneficiaries. Compensable losses in a New York wrongful death case include loss of consortium, loss of companionship and guidance, loss of income, and the decedent’s funeral expenses. Claimants typically have two years to initiate a wrongful death lawsuit, per Estates, Powers & Trusts (EPT) §5-4.1.
The Law Office of Cohen & Jaffe, LLP Is Here to Help
You have the right to represent yourself following a collision with a negligent driver. However, if you do not have a background in personal injury law or are suffering from serious injuries, this may not be a viable option for you. At the Law Office of Cohen & Jaffe, LLP we can help you recover the compensation you need.
Our team understands how being seriously injured can have long-lasting implications on your quality of life. We strive to provide personalized legal representation that meets your goals and interests. We also take cases on a contingency-fee-basis, meaning that you may be able to secure legal representation at no cost to you or your family.
When you reach out to our New York law firm, a member of our team can determine if you have the basis of a personal injury or wrongful death case.
Call us at (866) 878-6774 to get started.
