During our three decades as automobile injury lawyers on Long Island, we have seen many people who believe that New York’s no-fault auto insurance laws prevent them from holding the at-fault motorist from their accident liable for damages – that is simply not true. If you are severely injured, you could qualify to pursue a personal injury case against the at-fault driver.
We 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 in New York City, we can help you.
Our Team Will Help You Explore Your Options After a Car Accident on Long Island
A car accident lawyer from Friedman & Simon, L.L.P. will help you understand your options for recovering compensation after a Long Island collision if you hire us. These options tend to include:
- Filing an insurance claim with your PIP (i.e., Personal Injury Protection,) coverage
- Filing an insurance claim with the at-fault driver’s liability coverage
- Filing a personal injury lawsuit against the at-fault driver
We often attempt to settle car accident cases out of court, provided the at-fault party, (most often by their insurance company,) makes an appropriate settlement offer. In some situations, however, the insurance company refuses to make an appropriate settlement offer or denies a claim altogether.
When this occurs, subject to the unique circumstances of your case, we are ready to file a personal injury lawsuit and take your case to court to fight for the compensation you deserve.
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 automobile insurance policy driver to provide personal injury protection coverage for their vehicle. This coverage allows all victims to obtain benefits after a collision, regardless of who was at fault.
At a minimum, No-fault provides benefits of at least $50,000 coverage (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.
Explore Our Firm’s Other Legal Services
Beyond assessing your options and explaining how state laws will affect your case, our firm takes a comprehensive approach to legal representation. From the moment you hire us, our team will take over the case and begin moving through the following steps:
- Keeping track of and addressing in a timely and proper manner every deadline in your case and letting you know when developments occur
- Investigating to identify the liable parties
- Communicating on your behalf with the relevant parties
- Compiling evidence from our investigation and building it into a solid case for financial recovery
- Evaluating your damages to arrive at an appropriate case value
- Fighting tirelessly to win the best possible outcome for you
All of our services are available on a contingency 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 consultations and only take a percentage of whatever damages we are able to recover for you. If we are unsuccessful, you owe our firm nothing.
We Strive to Go Above and Beyond for Our Clients
Our attorneys have served 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.
Hear what some of our past clients have to say about our services, straight from their Google reviews:
- From Elizabeth Threats: “The staff at Friedman and Simon was very professional from day one. They handled my case with the utmost respect and courtesy, all the way from the receptionist, to Lillian, my case manager, and the attorneys.”
- From Hallie Foard: “My settlement took a little longer than I expected but it was well worth the wait! I received over and above what was offered by the insurance company. I most definitely would highly recommend the Friedman and Simon Law Firm to anyone who is looking for expertise from attorneys to professionally handle your legal matters.”
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 and after carefully analyzing our findings, we will work to put a value on your case.. Some common types of 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
- Repair or replacement of your vehicle
- Loss of services
- Out-of-pocket expenses
- Rental car costs
- Pain and suffering damages
If your loved one was the victim of a car accident and passed away because of their injuries, you have our deepest condolences for your loss. You may be eligible to file a wrongful death action. We would be honored to review your case and guide eligible family members through the claims and litigation process.
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 making a financial recovery for 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.
When a monetary judgment is being deliberated, 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, if determined to be 20% at fault, the victim would likely receive 80% in compensation rather than 100%.
Our attorneys understand how important receiving damages likely is to your physical, financial, and mental recovery. Knowing this, we will fight hard to disprove or minimize any fault on your part to help you recover maximum compensation.
The Clock is Ticking on Your Long Island Car Accident Case
Subject to CVP §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 the at-fault party will have a complete defense to any lawsuit that will negate your opportunity to recover for the harm done to you.
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 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.
We are able to meet with you while you are still in the hospital, or even come to your home. Our team is available to meet you anywhere on Long Island or throughout the New York metropolitan area.
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. Some of the most common types of car accidents we see include:
- Hits-in-the-rear accidents
- T-bone or side-impact collisions
- Head-on collisions
- Rollover accidents
- Hit and runs
- Motorcycle accidents
- Truck accidents
We will collect evidence 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 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. 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
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 a 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 the 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 a 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 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.
- Take pictures of the accident scene if it does not interfere with the jobs of the first responders or endanger you or anyone else. (Ideally, capture the position of cars in the roadway, damage to the vehicles, and the license plate and window registration sticker of the involved vehicles.)
- Make an appointment to follow up with your doctor. Doing so will help create a medical record of your injuries and make it easier to connect them to the collision.
- Contact your insurance company. As New York is a “no-fault” state, you will file your initial claim with your own insurance company.
Once you take care of your injuries, we encourage you to contact our firm to hire a personal injury attorney. The sooner you contact us, the sooner we will 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. We will work for you by fighting for the compensation you need and deserve.
Call us today to begin your complimentary consultation with a member of our team.