Thorough, fast, professional, friendly, and helpful are just a few of the complimentary terms clients have used to describe the NYC car accident attorneys at Greenstein & Milbauer, LLP.
New York Car Accident Lawyers
At Greenstein & Milbauer, LLP, we believe that specializing in New York City car accident claims makes us more effective. For the past two decades, we have established a track record of success handling car accident injury claims throughout the five boroughs. This experience means that insurance adjusters take us seriously, knowing that we’re prepared to relentlessly pursue full compensation.
New York City and the communities that surround it are filled with lawyers practicing personal injury law and chasing after car accident cases. However, if you’re considering hiring an NYC car accident lawyer to handle your auto accident case, the list of skilled, experienced attorneys is very thin.
The lawyers of Greenstein & Milbauer, LLP have significant experience handling auto accident claims and personal injury lawsuits. You could be entitled to compensation, but without legal counsel, you may find it difficult to prove the fault of the other party and the true worth of your case. Don’t be a victim twice; instead, contact us today to get the help you need to prove your case and collect full damages.
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Free Consultation with an NYC Car Crash Attorney
When you contact Greenstein & Milbauer, LLP, for a free case review, you’ll get to speak with either Rob Greenstein or Seth Milbauer, the firm’s founding partners. Each of these experienced New York attorneys has more than two decades of NYC car accident and personal injury law experience.
During your consultation, you’ll get to ask the questions you most need answers to. Our law firm takes pride in giving our clients peace of mind by providing accurate and easy-to-understand information. Schedule your appointment today and breathe a little easier knowing that you’re in good hands.
Why Choose Greenstein & Milbauer, LLP?
When you choose our NYC accident law firm to represent you, you can expect to receive all the benefits that come with retaining industry-leading top attorneys.
Getting hurt in a traffic collision means you’re going to be dealing with a number of negative consequences. Our car accident lawyers know this, and we’ll do everything to reduce the burden on you so that you can focus on your recovery instead.
For example, working with an attorney from Greenstein & Milbauer, LLP means that we’ll work directly with the insurance company to recover your property damage, including the cost of repairing or replacing your car. And if you can’t work while you recover, we’ll even handle all the paperwork and push to recover your lost earnings.
A serious auto wreck injury might mean that you’re bedbound, stuck in the hospital, or otherwise unable to travel. This isn’t a problem, as we’ll come to your home or hospital for your consultation. Your experience is of utmost importance to us, which is why you’ll receive clear, fast, and concise feedback from a New York City car accident attorney with decades of experience.
We’ll take your claim seriously from the very first conversation, so get in touch with us today to arrange your free consultation. We’re here to help, and working with us means that you won’t have to worry about the insurance companies or opposing lawyers making you a victim a second time.
Car accidents and injuries often go hand in hand. Even a seemingly minor fender bender could leave you with expensive medical bills. Whether you’ve experienced whiplash or a major spinal injury that’s left you paralyzed, the medical expenses can quickly add up to a substantial financial burden. Working with an experienced NYC car accident lawyer from Greenstein & Milbauer is the most effective way to ensure your medical bills are taken care of, leaving you free to focus on your recovery.
A car accident injury can easily leave you unable to work for a time. This could be for just a couple of days, but it might be for considerably longer—possibly even the rest of your life. When the negligent actions of another leave you unable to earn an income, you deserve to be compensated for your lost wages. The sound legal advice of a NYC car accident lawyer can help you determine a fair settlement amount for your accident claim—one that includes not just your current lost wages, but also any future lost earnings as well.
Pain & Suffering
An injury won’t just cost you in time and money—it will also affect the quality of your life. Injuries can prevent you from participating in many of the activities you enjoy. They can even rob you of your independence, leaving you unable to dress or bathe without assistance. Pain and suffering aren’t easily quantifiable, but your settlement should account for what you’ve been through all the same. When you work with a NYC car accident lawyer from Greenstein & Milbauer, you’ll know that your settlement does exactly that.
NYC Car Accident Lawyer
There is no question that being in an auto wreck can be a life-changing experience—and not the good kind. Many car crashes can be very serious, causing victims to experience both great physical harm and psychological trauma. In some cases, accident injuries can be so devastating that your life may never be the same again.
If you were seriously injured in a vehicle crash in or around the New York City area, you may be owed compensation for your accident and the injuries it caused. When a negligent party caused your collision and the injuries were serious enough, you may be eligible to move beyond New York’s no-fault system and file a personal injury claim.
Filing a claim in NY can be complicated, however, precisely because of those no-fault car accident laws. However, filing a claim is the best way to obtain the money you need to pay for the damages you’ve suffered, such as medical expenses, property damage, and pain and suffering.
Sometimes you might need a settlement to pay for a future that now includes a permanent disability. Get help with your auto wreck claim by partnering with an NYC car accident lawyer from Greenstein & Milbauer, LLP.
When taken as a legal concept, the word “negligence” means that all people in this country are legally responsible for any harm they do to others. If a person is determined to be negligent, then his or her careless actions have caused another person to be hurt and suffer damages.
If you can prove another’s negligence, then you can be awarded financial compensation for the harm that person caused you. Filing a personal injury claim is how you get paid for your losses. But how do you know if your accident was caused by negligence?
Here’s an example of an auto wreck in which one person clearly caused the car crash and is thus responsible for the injured party’s damages:
You were driving through an intersection when your vehicle was struck on the right side. Because it was a side-impact collision, you weren’t protected by an airbag. You hit your head and suffered a traumatic brain injury. You’re now dealing with memory issues and extensive brain trauma. The driver was intoxicated at the time of the crash.
You can clearly see the negligence we’ve discussed in the above example. A careless person chose to risk your safety by driving under the influence of alcohol. In addition to criminal penalties (DUI with bodily injury), that driver is also responsible for your injuries and other losses in civil court.
It’s not always possible to spot negligence this easily. Sometimes discovering the cause of an accident is difficult and requires a lot of investigation. An NYC car accident attorney can investigate your crash and discover what caused it—and who is liable.
Proving Auto Wreck Negligence Requires Investigation
In almost every car crash, someone is responsible. Figuring out what factor caused the crash is one of the most important steps in any auto injury claim. For you to bring a claim, you need to know who was responsible for the collision. Many different factors can cause a crash, and sometimes more than one party is liable.
With some auto wrecks, it may be easy to investigate and prove liability, such as in the above discussed drunk driving example, but most accidents will not be so easy to prove. What if a faulty part caused the crash? What if it was a multi-car pileup?
To prove your NYC car accident claim, evidence will need to be gathered and a case put together.
This is one of the key responsibilities a New York City accident lawyer will need to undertake for you: gather evidence and put together a claim that will compel the insurance companies to pay you a fair settlement for all your injuries.
It would be unlikely that you could investigate and prove a case without help. It’s a good thing you don’t have to!
Below is a list of some basic evidence your attorney will gather to prove your auto crash case:
Witness statements, including expert witnesses
Accident and police reports
Expert crash scene analysis and testimony
Medical evidence, including doctor’s reports and testimony
Video recordings, photo evidence, and voice recordings
Detailed documentation of all your losses, including how this crash has affected your life
New York State uses a no-fault system when it comes to car crash claims under most circumstances. This means that no matter who was responsible for causing a collision, you will file your insurance claim with your own insurance company. While this system works well enough for minor collisions, it doesn’t work so well for serious wrecks.
The reason it doesn’t work when you’ve been seriously hurt is because your injuries will likely cause damages that far exceed the limits of your no-fault insurance policy. Who’s going to pay for the excess damages your auto wreck has caused you?
You certainly shouldn’t have to! At that point, you should be able to take your claim out of the no-fault system and bring a claim against the negligent driver or other party that caused your crash. When you file a claim with the negligent driver’s insurance company, however, they aren’t just going to hand over a large chunk of cash without a fight.
Insurance companies are in the profit-making business, and they don’t like to pay out on claims, no matter how valid your claim is. If they can, they will try to deny your case or at the very least, lower your claim’s value. How can they lower the worth of your claim? They can try to make you appear partially at fault for the accident.
They get away with this because of a law called contributory negligence. This law states that your damages can be lowered in correlation to the fault found with you. The more blame they can place at your feet, the less they will be required to pay you.
Negotiating with insurance companies is a tricky process. While a settlement is usually preferable to taking a claim to court, sometimes an insurance company won’t play fair. If the involved insurers refuse to pay you the compensation you’re due, then your NYC car accident lawyer can take your claim to court.
Below are a few of the ways that insurance companies try to reduce the value of auto injury claims:
Call you and record your statements, hoping to use them against you at a later time
Try to get you to admit to blame
Deny your claim and threaten to take you to court
Deny your injuries and say that you obtained your injuries elsewhere rather than the car crash in question
Offer you a quick but low payment with the hope that you’ll leap at the first offer to settle
There are so many different factors that can cause auto wrecks, but most of those factors are influenced by human error. There is almost always someone responsible for your accident and injuries—and sometimes more than one someone. If negligence did play a role in your crash and you can prove it, you can file a claim seeking damages.
So what are some common reasons for auto collisions in NYC? Here are some of the most common, as well as some information as to which party would be liable in each situation:
Distracted Driving – When people allow themselves to be distracted while driving, they are behaving negligently. If they are involved in an accident, they can be held liable for the injuries they cause others. Driver distraction includes cell phone use, but it can also include eating while driving and any other distractions.
Hazardous Road Conditions – The government is responsible for maintaining roadways. If they haven’t been kept in good repair and caused your accident, then the government can be held liable for your injuries and losses. There are some caps on the amount of damages the government must pay, as well as reduced time limits, however.
Drunk Driving – It’s no surprise that drinking and driving is a dangerous decision to make—for the driver and for anyone else unlucky enough to be in the driver’s path. The drunk driver that injured you can be held responsible in both criminal court and civil court.
Poor Auto Service Work – Many people don’t think about the maintenance work done on their vehicle as a cause for auto collisions, but these things do happen. If your engine blows up or a tire falls off your car while driving, a mechanic or body shop might be liable.
Faulty Auto Parts – Manufacturers are held to strict safety standards, but sometimes they still violate these laws. If an auto or parts manufacturer is found in any way negligent in the creation, design, or distribution of auto parts, you could sue the manufacturer for your injuries.
Speeding – Driving too fast for the conditions of the road is a common problem, but that doesn’t mean it’s an acceptable one. Speeding and other reckless driving behaviors are known to cause crashes, and if you can prove that another driver was speeding at the time of your accident, you can file a claim.
When you’ve been seriously injured in a car crash in New York City, you can seek damages by filing a claim. However, you will need to prove that your injuries are serious enough to move beyond the no-fault system we discussed earlier.
How will you know if your injuries are serious? There are no hard-and-fast rules about what type of injury will qualify because injuries are different for everyone.
For example, say you are driving with a passenger when you’re involved in an auto wreck not of your own making. Both you and your passenger strike your heads against the windshield and receive head injuries. While your injuries are similar in nature, you are both affected differently.
You may receive permanent brain damage, while your friend walks away without any effects whatsoever.
All people are different, and their bodies react differently to trauma. No one can tell you that your injury isn’t serious without proper analysis of your injuries, damages, and circumstances.
Therefore, it won’t matter so much what type of injury you receive; rather, it will matter how that injury has affected you and how much your total damages amount to.
Nevertheless, in New York, there are some types of injuries that are generally considered “of a serious nature.” Here are a few examples of serious injuries that would likely qualify you to file a personal injury claim for an auto collision:
Traumatic Brain Injury (TBI) – Head injuries can be extremely serious, and in some cases can even cause death. If you’ve experienced head trauma, then you could have the following symptoms: nausea, vomiting, drowsiness, memory loss, headache, cognitive issues, mood changes, and much more. Head injuries have the potential to change your entire life.
Severe Burns – Burn injuries can be minor surface wounds but they could also be extremely serious. Depending on how much of your body is burned, you could go into shock, suffer muscle and nerve damage, or end up with permanent disabilities that affect your mobility and ability to work.
Fractured and Broken Bones – Some broken bone injuries are considered minor and will heal well enough in time, but other broken bone injuries could be severe and never fully heal. Serious broken bone injuries may prevent you from living the life you always wanted, and this is a major loss that you should be compensated for.
Organ Damage and Internal Bleeding – It’s obvious that organ damage and internal injuries will affect you, especially if you experience serious damage or even the loss of an organ. If your auto accident was caused by negligence, you should hold the responsible party accountable for this permanent injury.
Spinal Injuries – One of the most serious injuries the human body can encounter, a spinal injury is often irreversible. If your spinal column is severed, for example, you could be paralyzed. No amount of money could bring back your mobility, but monetary compensation could allow you to live a fuller life with a crippling spine injury.
Neck, Back, and Shoulder Damage – Soft-tissue damage can be more serious than many people realize, with these injuries often leading to chronic pain. Pain is a non-economic damage that should be considered when filing an injury claim, as your pain will affect your ability to enjoy your daily life.
Post-Traumatic Stress Disorder (PTSD) – Psychological trauma is a very serious effect of an auto collision, and some would argue that the mental anguish is actually worse than a physical injury. You may never be the same after a traumatizing car accident, and you can add this injury to your claim.
Obtaining Damages for an Auto Accident in New York City
When you think of a motor vehicle crash, most people automatically think of property damage and medical expenses. That’s also what most insurance covers, up to certain limits. Depending on your insurance policy, those limits won’t be very high.
If you’ve been seriously injured in an auto wreck, whether you’re in The Bronx, Brooklyn, Manhattan, Queens, or Staten Island, your damages will usually be far greater than property damage plus a small amount of medical bills. You may be facing astronomical medical bills and piles of other financial costs that could have you drowning in debt for a lifetime.
If you didn’t cause the car crash that severely injured you, you shouldn’t have to pay for a dime of these expenses. You should be compensated for all the financial losses you’ve faced, and you should be compensated for how the car crash changed your life.
Some auto accident victims’ lives will be permanently altered, and no amount of compensation will be able to repair the damage done. However, monetary compensation is the only way for some victims to seek justice.
Your car accident lawyer in NYC will work hard to see that you receive all the damages owed to you for your injuries and for all the ways the accident changed your life. Here are some common damages frequently requested in car wreck cases:
All accident-related medical expenses, including hospital bills, surgeries, medications, physical therapy, and doctor visits
Loss of income and loss of future earning potential
Permanent injury, scarring, or disfigurement
Post-traumatic stress disorder (PTSD)
The cost of mental health treatment
The cost of caregiving services and the expense of altering your home to accommodate a permanent injury
When you’ve been severely injured in an auto wreck, you may be out of commission for months, or even years to come. Many people are focused on recovering from their injuries, and in some cases, they are fighting for their lives after an accident. As a result, they don’t think of filing a personal injury claim right away.
This is understandable behavior, and your focus should be on your physical recovery; however, you can’t wait too long to file your personal injury claim. The state of New York has a time limit on how long after your crash you have to file an injury claim requesting damages.
This timeframe is called a statute of limitations, and in New York, you only have three years from the date of your auto injury crash to file.
Although you have a lot to deal with when you’re trying to get well after an accident, you don’t have to file a claim on your own. Your NYC car accident lawyer will assist you with filing your claim and will do most of the work for you. Your attorney will do the following so that you can rest and concentrate on your injuries:
Investigate the cause of your crash and gather evidence to prove your claim
Hire crash scene investigators and other expert witnesses needed to prove your case
File all claim paperwork, being sure that everything is accurate and timely
Obtain the medical documentation needed to demonstrate the extent of your injuries
Guide you through the entire personal injury claim process, protecting your rights and ensuring that you receive the best outcome possible
Keep careful records of your damages and how this accident has affected your life
Handle insurance claim adjusters, skillfully negotiating the full and just compensation you deserve for your injuries and other losses
If the insurance company won’t pay you what you’re owed, your lawyer will take your claim to court
You’ve just been seriously injured in an accident. That means you’ve got enough on your plate: physical pain, worry about your future, stress, anguish, and financial difficulty. You don’t need to add more stress to the pile by trying to handle a personal injury claim for a car crash on your own.
Car accident claims are a little more complicated in New York City because of our no-fault insurance laws. You need to win your claim so that you can receive the monetary compensation you need to pay for all your medical expenses and other losses. Don’t run the risk of getting less than your claim’s true value by trying to handle the legal system on your own.
Contact an NYC car accident lawyer with Greenstein & Milbauer, LLP. You can even discuss your injury claim with an attorney during a free claim assessment. That way you can get an idea of what your claim is worth. Call 1-800-VICTIM2 (842-8462), or enter your case information into the form below. Don’t be a victim twice!
Car crashes happen every day, but not to you. It’s understandable that you don’t know how to file a personal injury or car accident claim in New York, and that you’re going to have questions. Fortunately, getting your questions answered is as easy as dialing our phone number: 1-800-VICTIM2 (842-8462).
A car accident lawyer with Greenstein & Milbauer, LLP will help you determine what your options are and how much you’re likely to recover in damages for your auto injury claim. Additionally, we won’t let you be taken advantage of by insurance companies looking to minimize the payout they must make to you.
Don’t let insurers make you a victim a second time! To discuss your case, reach out to us today. We’ve answered some frequently asked questions of a more general nature below. Hopefully these questions and answers will help you formulate more specific questions to ask regarding your unique case.
What does “negligence” mean in personal injury cases?
Negligence laws are designed to protect individuals who have been harmed because of another person’s carelessness. In general, every person in New York has a duty of care to everyone else. That duty requires you to not cause others harm, whether purposefully or because of a failure to behave in a way that keeps others’ safety in mind.
Not every accident can be prevented, but most can. If a person causes you harm, even unintentionally, you may be able to file a claim against that person. Let’s say, for example, that a driver knows it’s unsafe to text and drive but does so anyway. That driver can be held liable if that behavior caused your accident.
Just because the driver didn’t intend for someone to get hurt, it doesn’t mean that he or she can’t be held liable. The driver should have reasonably been able to foresee that someone could be hurt and should not have engaged in a dangerous driving behavior. If that behavior is the proven cause of your accident, that driver will owe you damages.
What is no-fault auto insurance in New York?
No-fault insurance is the type of insurance that the state of New York uses for car wrecks. Only a handful of states use this system, with most states using the fault system to govern car insurance claims. “No-fault” basically means that your insurance is designed to cover your damages in the event of a crash, regardless of who is “at fault.”
In theory, this is a good thing, because you won’t have to worry about proving that the other party was at-fault in order to get paid for damages. In practice, however, this system can be difficult for those who find themselves injured in car accidents.
The first reason no-fault insurance can be difficult to deal with is because even your own insurance company doesn’t want to pay you what you’re rightfully owed for your accident. The second issue with no-fault insurance is that the at-fault party isn’t really held responsible for his or her actions.
When you are seriously injured, you’re allowed to take your car crash claim into the tort system to file a claim for greater losses. No-fault insurance typically will not provide enough compensation to cover all the losses of a serious injury accident, and at that time you can pursue the party who was to blame for the wreck.
What are personal injury protection benefits in New York?
Personal injury protection (PIP) benefits are provided by your insurance company to cover your major losses after a car accident, but these benefits do have limits. PIP benefits will cover some of your lost wages while you’re recovering from auto wreck injuries. They will also cover the costs of medical expenses and household services.
While personal injury protection can be enough to pay for minor car crashes, they usually won’t provide enough monetary compensation to pay for the more serious losses caused by a major collision. In addition, filing a PIP claim without the assistance of an NYC car accident lawyer may mean a lower payout than you actually deserve.
What is the serious injury threshold in New York?
As mentioned, it is possible to file an injury claim for a serious injury in NYC and the rest of New York, but how do you know if your injury is serious? New York law defines a serious injury as the following:
A permanent injury
Loss of a fetus
An injury that significantly alters an organ’s or body part’s functioning
A non-permanent injury that significantly reduces a person’s abilities to function for at least ninety of the 180 days immediately following the accident
What is comparative negligence?
Comparative negligence (also known as contributory negligence or comparative fault) refers to the idea that all parties’ involvement in an accident shall be compared to determine which parties are financially liable. This can be a complicated process as multiple parties can hold liability in an accident, including the person filing a personal injury claim.
In that way, if you file a claim for an NYC auto accident and you are found partially to blame for the collision, your compensatory damages will be reduced by the amount of fault assigned to you. It’s important to note that even if some blame does rest with you, that doesn’t bar you from recovering damages.
What is the time limit for filing an NYC auto accident claim?
As with all personal injury claims in New York, there is a time limit on how long you have to file your claim. This timeframe is called the statute of limitations, and in New York, you have three years to file your case, starting on the date of your injury.
This is not a very long period of time, and many people let it slip by before they realize they are running out of time to file. Also, filing a car accident case as soon as possible after a serious wreck is important to a successful outcome.
Keep in mind that in order to win your case, you need witness statements, medical documentation, and other evidence that will become more difficult to secure the longer you wait. Get help filing your claim as soon as you’re able by contacting an NYC car accident attorney from our law firm.
How is a car crash investigated?
Your auto wreck claim isn’t likely to be a simple matter of pointing a finger at someone and getting a settlement check. A lot goes into investigating what caused the crash and proving who was responsible. First, the cause must be discovered. For example, was it a faulty car part, or was the other driver texting while driving?
The accident scene will need to be analyzed, photo and video evidence gathered, police and crash reports collected, and witnesses will need to be identified. Once the cause is determined, the person who was responsible will become clearer, but evidence must also be gathered indicating which party is to blame.
You want as much evidence as possible because proof is what makes your claim stronger. In addition, it will be necessary to gather the medical evidence of your injury. In some cases, this can actually be the most time-consuming aspect of evidence collection.
Some injuries are very complicated and will require multiple visits to the doctor’s office, and your injury may take a very long time to heal. You may not want to settle your case until you’re sure that you’re being paid for all your current medical expenses and your future costs as well.
Your accident attorney will need to interview your doctor and might even need to hire medical experts to prove your injuries and the damages owed to you. Additionally, identifying all the ways that this accident has affected your overall quality of life will be important in calculating your non-economic losses.
Who could be at-fault for a vehicle crash?
To figure out who is to blame (and must therefore pay your damages), you must determine the cause or your NYC auto wreck. There could be many different causes, or one specific cause, of an accident.
For instance, your crash could be a simple matter of distracted driving, or it could be a complicated situation in which a faulty auto part caused a driver to lose control of an automobile that ultimately crashed into you.
Also, many different parties could be held liable for a vehicle crash. Let’s say that a commercial truck collided with you; then you may be able to pursue the trucker and the negligent trucking company. Here’s a short list of common parties that could be liable for your auto collision:
Other drivers, including reckless, distracted, and drunk drivers
Mechanics and body shops
Government agencies responsible for road maintenance
Truckers and other commercial vehicle drivers and their companies
Can more than one person be to blame for an auto wreck?
When you imagine the most basic auto accident possible, you will likely conjure images of a two-car collision in your mind in which one party is to blame. This does occur, but most accidents are not so simple.
Many different parties could be liable in a car accident, even those involving only two vehicles. For instance, if the driver that crashed into you was driving for work, the company he or she works for may also be liable for your damages.
Sometimes you can even pursue multiple parties in a single-car accident. For instance, if you experience a vehicle malfunction that was caused by a mechanic’s poor service work, you may be able to sue the mechanic and the auto shop that he or she works for.
What are economic damages in car crash cases?
Economic damages are essentially the financial losses that your auto accident and subsequent injuries have caused you. Any monetary loss counts, but the most common economic damages are as follows:
Medical expenses, such as hospital visits, doctor visits, medications, surgeries, mobility aids, physical therapy costs, loss of work wages, cost of mental health services, and the expense of hiring someone to complete household chores while you’re unable to complete them because of your injuries.
It’s important that you document all your financial losses so that you can be reimbursed for all the monetary ways that your car crash has negatively impacted your life.
What are non-economic damages in car wreck claims?
Non-economic damages are the losses you’ve faced of an intangible nature: effects that can’t really be given a price tag. Depending on your auto collision, you could be dealing with permanent injuries, lifelong mental issues, or the loss of certain abilities that brought you happiness.
For instance, when you’ve lost a limb in a car accident, you may be dealing with more than medical bills and lost wages; you will be dealing with physical pain, emotional and psychological issues, the loss of activities you once enjoyed, and much more.
There is no limit to the suffering an accident can cause you, and you can be compensated for all the non-monetary consequences of an auto wreck. The most common non-economic losses that are requested in injury claims are pain and suffering, mental trauma, and lost enjoyment of life.
What are punitive damages in New York City vehicle crash claims?
Punitive damages are not as common as economic and non-economic damages, but they can be awarded in certain circumstances. When your car crash case involves egregious negligence or intentional wrongdoing, the court may see fit to punish the party responsible for the accident.
That’s what punitive damages are: a punishment for the liable party. The court sees it as a way to, hopefully, prevent the behavior from occurring again—and as a way to show the at-fault party that reckless negligence will not be tolerated.
Punitive damages show up often in cases where a manufacturing company, or some other company in the automotive world, is to blame for the crash.
Are there caps on damages if the government is responsible for a vehicle collision?
No, there are no caps, or limits, in the state of New York on the amount of damages you can recover if the government is responsible for your accident. However, there are much stricter rules for filing civil claims against a government agency.
For instance, you must file a “Notice of Claim” within ninety days of the claim arising or your claim may be dismissed. There is a specific way of filing suit against the government in New York, but your NYC car accident lawyer will help you follow all the mandatory rules.
Will the type of auto wreck I’m in affect my claim?
Not really. It doesn’t much matter whether you were rear-ended or were in a head-on collision. What matters is whether you were seriously hurt and whether you caused the crash. It’s really the seriousness of your injuries that will determine whether you can file a personal injury claim for an auto wreck.
With that said, the type of car crash you’re involved in may make a difference with investigation and proving fault, and all of these details work together to make up your claim.
For example, if you were injured in a head-on collision on a motorcycle, this type of crash will be investigated differently than if you were injured in a single-car crash. Each car crash is unique, and proving your claim will require your lawyer to gather evidence, prove your case, and negotiate the compensation you need to pay for your losses.
How long does it take after a settlement is reached for me to receive a check?
After the long and stressful back-and-forth of settlement negotiations, you just want it all to be over. You need your money now so that you can pay all the bills that have been piling up during this process.
You likely have medical bills; you may be behind on other bills; plus, you need to set up your financial future. Essentially, you just need to know when you’re getting your check.
You can expect a check within a few weeks to two months following a settlement agreement. It really shouldn’t take longer than two months to receive a payout.
Will my car accident case need to go to court?
Most likely your case will not need to go to court to reach a satisfactory conclusion. In most cases, your New York City auto wreck lawyer will be able to gather the necessary evidence to convince the involved insurance companies that you deserve the damages you’re requesting.
However, insurance companies aren’t easy to negotiate with, and they will likely fight your claim. That’s why it’s vital to have an experienced attorney on your side battling for you.
In the rare event that your car crash claim does need to be taken into the courtroom, your accident lawyer will be ready to present your case and get you the money you need to pay for all your car crash damages.
What is court like for a vehicle wreck case?
The idea of going to court for a personal injury claim is enough to turn people off from filing a personal injury claim at all. No matter how valid a claim is, many people have a fear of being in the courtroom. It’s scary and overwhelming, but you don’t have to be afraid. Your attorney will be there every step of the way.
When you go to court for a personal injury claim, the process is very much like any other court proceeding that you could imagine. There are opening arguments, the presentation of evidence, arguments will be made, witnesses will testify, and a jury or judge will decide the outcome of the case and award you damages, if applicable.
Why do insurance companies make claims so difficult?
Insurance companies are often the reason that getting a settlement for your injuries is such a difficult process. This is because the insurers are trying to make a profit and your settlement payout is getting in the way of that goal. The more payouts they have to pay, the less money they make. While that is their job, they don’t like losing money.
Yes, the very purpose of paying your insurance premiums each month is so that you will have a lump-sum payment to handle great losses when they arise. Still, your company, and any other insurers involved, will try to get out of making a payout, or at least reduce the amount of what they must pay you.
They have a variety of tactics they will use to reduce your claim’s value:
Place blame on you so that your claim’s value is decreased with the percentage of fault assigned to you.
Attempt to record your phone conversations so that they can use your statements against you in some way down the road.
Offer you a low settlement very quickly knowing that many people don’t want to go through an extended and stressful claims process.
Threaten you with litigation if you don’t agree to the settlement they want to pay you.
None of this is fair to you, the injured party, but it’s the way car crash claims are handled. That’s another reason that hiring a car accident attorney in New York City can be so pivotal to getting the most out of your injury case.
Why do I need a lawyer to file a personal injury claim for a car crash in NYC?
Many people injured in a vehicle crash believe that they can file their claims on their own, and while it is possible, it isn’t recommended. Even if you are successful in getting a settlement from an insurance company, you won’t likely get the fair amount you should be getting.
Additionally, you may not realize all the parties that may be liable for your injuries, and you will therefore be limiting yourself to receiving damages from only one party’s insurance company.
Also, your lawyer will help you in so many ways, leaving you to focus on recovering from your injuries. Your lawyer will investigate your crash, help you file claim paperwork, gather evidence, document your injuries, put together a case, negotiate with insurance companies, and take your claim to court if that becomes necessary.
There’s no need to put yourself through the stress of filing a claim on your own. Help is available, and you will be glad that you hired an attorney with Greenstein & Milbauer, LLP. Don’t be a victim twice!