Navigating the aftermath of a car accident in New York can be overwhelming. In the immediate moments following a collision, the physical and emotional toll can cloud your judgment, making it difficult to know what steps to take next. However, understanding your legal rights as a victim is crucial to ensuring you receive the compensation and support you need during this challenging time. Andrews, Bernstein & Maranto, PLLC is here to guide you through the complex legal landscape, providing the support and representation necessary to help you secure a favorable outcome.
The Immediate Aftermath
Immediately after a car accident, your safety and the safety of others involved is the top priority. If possible, move to a safe location and call emergency services. Receiving medical attention is critical, even if you do not immediately feel injured. Some injuries may not manifest symptoms until hours or even days later. It is also essential to document the scene. Take photographs, exchange contact and insurance information with other drivers, and gather contact details from any witnesses. These initial steps can play a significant role in supporting your legal claim later.
Seeking Medical Attention and Documenting Injuries
Receiving prompt medical attention is not only vital for your health but also serves as an essential component of your legal case. Medical records documenting your injuries can provide critical evidence of the impact of the accident. Ensure that you follow through with any prescribed treatment plans and keep detailed records of your medical visits, treatments, and any associated costs. This documentation can significantly bolster your claim when seeking compensation for medical expenses and other damages.
Understanding New York’s No-Fault Insurance System
New York operates under a no-fault insurance system, meaning that your own insurance company will cover certain expenses, such as medical bills and lost wages, regardless of who was at fault for the accident. This system is designed to provide prompt compensation without the need to prove fault. However, no-fault benefits are limited and may not cover all your expenses, especially in cases of severe injury. Understanding the limitations of no-fault insurance is essential for determining whether you can pursue additional compensation through a personal injury lawsuit.
Filing a Personal Injury Lawsuit: When and Why
While no-fault insurance covers many expenses, it may not be sufficient in cases of serious injury. New York law allows car accident victims to file a personal injury lawsuit if they meet the state’s “serious injury” threshold. Serious injuries can include significant disfigurement, fractures, permanent limitation of use of a body organ or member, significant limitation of use of a body function or system, or a medically determined injury or impairment that prevents the victim from performing usual daily activities for at least 90 days within the first 180 days immediately following the accident. If your injuries meet this threshold, filing a personal injury lawsuit can enable you to seek compensation for pain and suffering, emotional distress, and other non-economic damages
Partner Partner Partner Attorney Attorney Attorney Attorney
Benjamin J.
Andrews
Robert
Maranto
Tom
Kotrys
Norton
Lowe
Amanda
Blum
Anthony
Iacono
Robert J.
Maranto, III
Determining Fault and Liability
Establishing fault in a car accident is a crucial aspect of a personal injury claim. New York follows a comparative negligence rule, meaning that the compensation you receive may be reduced by your percentage of fault in the accident. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. It is essential to gather and present compelling evidence to establish the other party’s liability. This can include police reports, witness statements, testimonies, and accident reconstruction analysis. A thorough investigation conducted by a knowledgeable legal team can significantly impact the outcome of your case.
Compensation Available to Car Accident Victims
Victims of car accidents in New York may be entitled to various forms of compensation, depending on the severity of their injuries and the circumstances of the accident. Compensation can cover medical expenses, including future medical costs, lost wages, and loss of earning capacity if the injuries prevent you from returning to work. Additionally, you may seek compensation for pain and suffering, which encompasses physical pain, emotional distress, loss of enjoyment of life, and other non-economic damages. In cases of gross negligence or intentional misconduct, punitive damages may also be awarded to punish the wrongdoer and deter similar behavior in the future.
The Role of Insurance Companies
Dealing with insurance companies after a car accident can be daunting. Insurance adjusters may seem friendly and cooperative, but it is important to remember that their primary goal is to minimize the amount their company pays out in claims. They may attempt to offer a quick settlement that is far less than what you deserve. Before accepting any settlement offer, consult with an experienced car accident attorney who can evaluate the offer and negotiate on your behalf. An attorney can help ensure that you receive a fair settlement that fully compensates you for your injuries and losses.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
The Importance of Legal Representation
Navigating the legal system and dealing with insurance companies on your own can be challenging, especially while recovering from injuries. Having legal representation can make a significant difference in the outcome of your case. An attorney can handle all aspects of your claim, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. With a dedicated legal team on your side, you can focus on your recovery while your attorney works to secure the best possible outcome for your case.
Choosing the Right Law Firm
Choosing the right law firm to represent you in your car accident claim is a critical decision. Look for a firm with a strong track record of success in handling car accident cases and a commitment to providing personalized, compassionate representation. Andrews, Bernstein & Maranto, PLLC has a proven history of helping car accident victims in New York obtain the compensation they deserve. Our team of experienced attorneys understands the complexities of car accident cases and is dedicated to fighting for your rights.
Taking the First Step
Taking the first step towards securing your legal rights after a car accident can be daunting, but you do not have to do it alone. Andrews, Bernstein & Maranto, PLLC is here to help you navigate the legal process and ensure that your rights are protected. From the moment you contact our firm, we will work tirelessly to investigate your case, gather evidence, and build a strong legal strategy tailored to your specific circumstances. Our goal is to provide you with the support and representation you need to achieve a favorable outcome.
Should I Take The First Settlement Offer? Steps to File a Personal Injury ClaimRelated Videos
The Legal Process
Understanding the legal process can help alleviate some of the stress and uncertainty associated with pursuing a car accident claim. After your initial consultation, your attorney will begin by investigating the accident, gathering evidence, and determining the full extent of your injuries and damages. This may involve consulting with medical professionals, accident and other specialists to build a compelling case. Your attorney will then negotiate with insurance companies on your behalf, seeking a fair settlement that covers all your expenses and losses. If a settlement cannot be reached, your attorney will prepare to take your case to court, advocating for your rights before a judge and jury.
Why Timeliness Matters
Time is of the essence when it comes to pursuing a car accident claim. New York has a statute of limitations for personal injury claims, meaning you have a limited time to file your lawsuit. In most cases, you have three years from the date of the accident to file a claim. However, certain circumstances, such as claims against government entities, may have shorter deadlines. Failing to file your claim within the statute of limitations can result in losing your right to seek compensation. Contacting an attorney as soon as possible after your accident can help ensure that your claim is filed in a timely manner and that crucial evidence is preserved.
Verdicts & Settlements
Your Path to Recovery
Recovering from a car accident involves more than just physical healing. The emotional and financial impact can be significant, and having the right legal support can make a tremendous difference in your recovery journey. Andrews, Bernstein & Maranto, PLLC is committed to helping you through every step of the process, from initial consultation to final resolution. Our team is dedicated to providing you with the resources and representation you need to move forward with confidence.
Advocating for You
If you have been injured in a car accident in New York, it is crucial to understand your legal rights and take action to protect them. Andrews, Bernstein & Maranto, PLLC is here to provide the support and representation you need during this challenging time. Contact us today to schedule a free consultation and learn more about how we can help you secure the compensation you deserve. Let us fight for your rights while you focus on your recovery.