If you have severe injuries because of a car accident, you could qualify to pursue a personal injury case against the at-fault driver. During our more than three decades as auto accident attorneys on Long Island, we have spoken with many people who believe that New York’s auto no-fault insurance law prevents them from seeking damages when it comes to a motor vehicle accident claim – whether it’s a minor car accident or a major car accident. That is simply not true.
A car accident lawyer from Friedman & Simon L.L.P. will be able to help and handle your case so you can focus on your recovery. Our skilled lawyers offer complimentary consultations on Long Island, at the hospital, or even in your home. Our multilingual staff is available to assist you in English, Greek, Bengali, Spanish, Tamil, and Kannada. If you were injured in a car accident or reside anywhere on Long Island New York City, our accident injury attorneys can help you – starting with an accident consultation.
In This Article
- Recoverable Damages in a Long Island Car Accident Case
- Our Team Will Help You Explore Your Options After a Car Accident on Long Island
- We Strive to Go Above and Beyond for our Clients
- The Clock Is Ticking on Your Long Island Car Accident Case
- Let the Team at Friedman & Simon, L.L.P. Determine What Caused Your Long Island Car Accident
- Steps to Take After a Car Accident
- Talk to Us About Hiring a Car Accident Lawyer at Friedman & Simon, L.L.P.
Recoverable Damages in a Long Island Car Accident Case
As your legal team, we will determine what types of damages you are eligible to recover as we conduct our investigation and assess your range of losses. After carefully analyzing our findings, we will work to put a value on your case.
Learn about the difference between bodily and personal injury and let our crash attorneys go to work pursuing the maximum compensation available to you under New York State law so you can get back to your daily life as soon as possible after your motor vehicle accident.
Some common injuries, types of injuries, and damages that are recoverable in car accident cases include:
- Emergency medical treatment and related expenses
- Ongoing care costs and future care expenses
- Lost wages from time off work
- Diminished earning capacity
- Vehicle damage
- Replacement of your vehicle
- Repair bills
- Loss of services
- Personal property damages
- Out-of-pocket expenses
- Rental car costs
- Pain and suffering
- Wrongful death
- Loss of Consortium (The special types of damages a person suffers when their spouse is seriously or catastrophically injured.)
- Punitive damages
- Non-economic damages
- Chest Injuries
- Other types of injuries
- Eye injuries
- Bodily injury
- Catastrophic injuries
- Spinal cord injuries
- Emotional distress
- Home modifications
- Head injuries
- Internal injuries
- Physical therapy
- Quality of life
- Future expenses
- Medical costs
- Medical care
- Compensatory damages
If your loved one was the victim of a deadly crash and passed away because of their severe injuries, you have our deepest condolences for your loss. You may be eligible to file a wrongful death accident lawsuit, leading to financial compensation for medical bills, lost income, and funeral expenses. We would be honored to review your case and guide eligible family members through the claims and litigation process. We want to handle your case so you can take the time you need to grieve with your family during this painful time.
Percentage of Fault Will Impact How Much You Recover
Along with being a no-fault state, New York is also a comparative negligence state. Even if you were partially at fault for a collision on Long Island, this will not bar you from pursuing the damages that the at-fault party caused you to suffer. New York Civil Practice Law & Rules (CVP) § 1411 outlines this law, and we will be happy to review the application of this law to your case.
In some cases, an injured victim may share fault for the accident. This could mean the responsible party is only responsible for a portion of the damages sustained in a crash. Resolving the respective contributions of the participants to the happening of the accident is often a major factor in why a case may have to go to trial.
When a monetary judgment is being deliberated in court, the individual parties will be assigned a degree of fault. The amount of compensation the victim qualifies to receive will be determined by their level of fault in the accident. For example:
Imagine the court determines you were 20% at fault in a crash. This would make the other driver 80% responsible for your damages. You would likely receive 80% in compensation rather than 100%. So it is determined, for example, that your damages have a value of $100,000.00, you should be entitled to a judgment against the 80% at-fault party of $80,000.00. Please take note that there are no caps on damages in New York and our firm has won multi-million settlements and verdicts for clients. It is our mission to win the best possible outcome for every one of our clients and that will be our goal as well if you choose to retain our firm.
Our experienced lawyers understand how important receiving fair compensation likely is to your physical, financial, and mental recovery. Our track record speaks volumes about how our experienced team can work for you, and so does what we’ve recovered for our clients as far as dollars in settlements. You need an injury claim result that pays for the full extent of your bills, income losses, and other expenses and we are determined to win that outcome for you
Knowing this, we will fight hard to disprove or minimize any fault on your part and help you recover maximum compensation as a crash victim. We often work to mitigate the effects of accusations of shared fault and help our clients seek additional damages.
For a free legal consultation with a Car Accident lawyer serving Long Island, call 516-932-0400
Our Team Will Help You Explore Your Options After a Car Accident on Long Island
A car accident lawyer from our firm will help you understand your options for recovering compensation after a Long Island automobile collision. These options will, in most cases, include some or all of the following:
- Filing an insurance claim with your personal injury protection (PIP) coverage through your insurance company
- Filing an insurance claim with the at-fault driver’s liability coverage insurance company
- Filing a personal injury lawsuit against the at-fault driver or another negligent party
Our car accident attorneys often settle car accident cases out of court. This is usually possible provided the at-fault party, most often via their insurance policy, makes an appropriate settlement offer. We identify our clients’ expenses and losses when we investigate the crash, so we understand what an appropriate agreement will look like. Without an appropriate offer, we cannot recommend to you that you should agree to settle outside of court.
In some situations, the insurance adjuster refuses to make an appropriate settlement offer or denies a claim altogether. When this occurs, we are ready to file a personal injury lawsuit and take your case to court to fight for the compensation you deserve. This may entail:
- Gathering evidence, such as the crash report or police report to support the case
- Presenting this evidence to the judge and jury
- Countering any harmful evidence presented by the defense
- Asking the jury to issue a verdict and award on your behalf
Navigating New York’s No-Fault Laws
New York is a no-fault state when it comes to car accidents, which means that insurance laws require every driver to provide PIP automobile insurance coverage for themselves and their vehicle. This coverage allows all victims to obtain benefits after a collision regardless of who was at fault. (There are several exclusions from No-Fault coverage. These include intoxicated drivers, drivers who stole the vehicle and uninsured motorists. We can confirm whether your circumstances trigger no-fault coverage for you if you call our experienced car accident attorneys to discuss your case.
At a minimum, no-fault policies provide benefits of at least $50,000 for related medical expenses, lost earnings, and other costs incurred related to injuries from the accident – unless the insured purchased additional coverage.
No-fault claims must be filed within 30 days of the accident. Filing after this deadline could lead to a reduction or even a complete loss of benefits. Victims must also submit any medical bills or other supporting evidence by this deadline (or as they arrive). The insurer will not cover costs without this documentation.
Explore Our Firm’s Other Legal Services
Beyond assessing your options and explaining how state laws will affect your case, our personal injury attorneys take a comprehensive approach to legal representation. From the moment you hire us, our personal injury law firm will take over the case and, to the extent applicable, begin moving through the following steps:
- Keeping track of every deadline in your case and letting you know when significant developments occur
- Investigating to identify the liable parties and discover the facts of your case, including the cause of the accident and your injuries
- Communicating on your behalf with the relevant parties, including navigating your claim through the insurance company’s process, making sure we present the strongest possible arguments and proof to the insurance carrier(s).
- Compiling evidence from our investigation and building it into a solid case for financial recovery, whether it is for an insurance claim or a lawsuit.
- Evaluating your damages to arrive at an appropriate case value
- Negotiating with the liable party and their insurance provider on your behalf to reach an appropriate settlement
- Reviewing the terms of any settlement agreement with you before you sign it
- Filing a personal injury lawsuit and representing you in court
- Fighting tirelessly to win the best possible outcome for you
All of our services are available on a contingency fee basis to make them accessible for all car accident victims regardless of their financial situation. Instead of charging fees to represent you upfront, we offer free initial consultations and only take a percentage of whatever damages we recover for you. If we are unsuccessful, you owe our firm nothing. Our decades of experience help us litigate the most difficult motor vehicle collisions.
Long Island Car Accident Lawyer Near Me 516-932-0400
We Strive to Go Above and Beyond for our Clients
Our attorneys have used their extensive experience to serve clients on Long Island and in nearby communities since 1991. During that time, we have recovered more than $250 million in damages to help injury victims get back on their feet. Some of our past results include:
- $4 million for a rollover accident
- $1 million for an intersection collision
- $850,000 for a hit-in-the-rear crash
- Many more successful case outcomes
The value of a personal injury claim varies from case to case. There are several factors that could determine how much your case is worth, including, but not limited to, the total cost of your verifiable monetary damages, how much income you earn and stand to lose, and the severity of your injuries.
You can learn more about our reputation for providing aggressive and effective representation to Long Island car accident victims by reviewing our testimonials and case results. We will also answer your questions about similar cases, our approach to claims like yours, compensatory damages, additional damages, and successes in claims based on the injuries you suffered.
You have an opportunity to discuss your personal injury claim and more with one of our experienced attorneys during your free case review.
The Clock Is Ticking on Your Long Island Car Accident Case
Subject to CPLR § 214, New York gives us a limited time after the accident to file your lawsuit in civil court. More specifically, CVP § 214 states that any person injured in a car accident must timely file a personal injury lawsuit or they risk losing the right to seek damages.
A similar but shorter time limit applies when filing a wrongful death lawsuit, and even shorter time limits apply to cases where a government agency is an at-fault party. These statutes mean the clock is already ticking on your car accident case. We recommend calling us as soon as possible after a collision so we can determine the applicable deadlines and get started immediately.
Note that you do not have to be completely recovered to get started on your case. In fact, most of our clients, or family members calling on their behalf, have reached out to us very shortly after the accident. When you choose to retain our firm after being injured in a car accident caused, at least in part, by someone else, we will promptly begin our investigation and gather evidence, and file a claim or lawsuit on your behalf.
We will maintain regular communications with you to stay informed about your medical condition and treatment, related to injuries suffered in the accident. We will know:
- Your prognosis and type of injury or injuries.
- When you reach maximum medical recovery.
- When your injuries are healed and your doctor releases you from care.
We urge you to consult a lawyer as soon as you can after an accident. Building your case could take time. The sooner we can start building your case, the more time we have to meet the statute of limitations and file a lawsuit so you retain the right to recover compensation for damages through the legal process.
We are able to meet with you while you are still in the hospital or even come to your home. Our auto accident lawyers are available to meet you anywhere on Long Island or throughout the New York City metropolitan area. We have the legal experience to help you through the legal process; whatever types of damages or injuries are involved.
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Let the Team at Friedman & Simon, L.L.P. Determine What Caused Your Long Island Car Accident
Car accidents occur in a variety of ways, and almost all of them can lead to serious injuries, including impacts on your quality of life. Some of the most common types of car accidents our crash attorneys take under retainer are:
- Rear-end collisions
- Distracted driving
- T-bone or side-impact collisions
- Head-on collisions
- Rollover accidents
- Hit and runs
- Motorcycle accidents
- Truck accidents
- Bus accidents
- Rideshare (e.g., Lyft, Uber,) accidents
- Aggressive driving
- Wrongful death claims
We will collect evidence, like the automobile accident investigation report, witness statements, surveillance, and dashcam videos, points of impact and position in the roadway of the involved vehicles, to get the best possible understanding of exactly what happened leading up to the collision, who caused the accident, and how it led to your injuries.
Our legal team will work to identify every detail of the negligent act that caused your serious injuries, which will help us hold the at-fault driver liable, and recover compensation for damages – including punitive damages. Some of the most common causes of collisions include:
- Distractions, including texting or talking on the phone
- General inattentive driving
- Speeding and reckless driving
- Following too closely
- Failure to yield the right of way in turns
- Failure to obey traffic signals or signs
- Failure to observe all applicable traffic laws
- Drowsy or fatigued driving
- Drunk driving
- Driving under the influence of drugs
Regardless of the cause of the car accident, if negligence is at fault for your injuries and financial losses, you have the right to hold the liable party accountable and recover compensation. You deserve justice so you can move forward.
Steps to Take After a Car Accident
New York is like many states in that it has laws requiring a driver to stop after an accident, especially if the accident causes property damage, injuries, or death. While leaving the scene of a collision involving property damage or minor injuries may just be a misdemeanor, leaving the scene of an accident involving serious injuries or a fatality can be a felony.
Failing to stop and exchange information could also affect your ability to seek compensation for any injuries, or property damage you suffer as a result of an accident. To ensure that any claim you may have for injuries and property damage following an accident remains viable, you should take the following steps:
- Assess your immediate safety: For example, if you are on a busy roadway, stay in your car unless there is a more impending hazard, such as leaking fuel or fire. No matter what circumstances you are confronted with, take whatever steps you can safely take to prevent further harm.
- Call 911: The 911 dispatcher will send emergency services to the scene. Stay on the phone with the dispatcher and give them any pertinent information so they can relay it to emergency services.
- Allow emergency responders to give you a cursory examination at the scene: If the paramedics want you to be taken to the hospital to get checked out, heed their advice. In almost all cases, your PIP (Personal Injury Protection) claim should cover the expense of ambulance transportation regardless of fault.
- Take pictures and video of the accident scene: Ideally, capture the position of cars in the roadway, damage to the vehicles, and the license plate and window registration sticker of all involved vehicles. This could play a vital role in proving what happened and who is responsible. Be sure to get the accident report – even if it’s a bicycle accident.
- Make an appointment to follow up with your doctor: If you did not go to a nearby emergency department or urgent care facility immediately following the crash, you should see your doctor as soon as possible if you have pain or injuries. Doing so will help create a medical record of your injuries and make it easier to connect them to the collision.
- Consult a lawyer: We recommend consulting with a personal injury attorney who has experience handling car accident cases. A lawyer from our firm can provide you with legal options and advice. We can also help you understand the legal process and determine liability. A lawyer can protect your rights and stand up for your best interests.
Once you receive care for your injuries, we encourage you to contact our firm to hire an experienced car accident lawyer. The sooner you contact us, the sooner our crash attorneys can review your case and get started on seeking your settlement or court award.
Talk to Us About Hiring a Car Accident Lawyer at Friedman & Simon, L.L.P.
At Friedman & Simon L.L.P., we pride ourselves on being passionate advocates for the injured. Our crash attorneys will work for you by fighting for the compensation and fair settlement you need and deserve based on the facts of your Long Island traffic accident case. This is with no upfront costs to you.