Brooklyn Car Accident Lawyer
Have you been seriously injured in a car accident in Brooklyn? You have a right to seek compensation for the losses this accident has caused you. A car accident lawyer from our firm can help.
Some of the most serious injuries are caused by car accidents. Despite laws put in place to protect drivers, car accident injuries continue to happen. Part of the problem is the increase in driver distractions. These are becoming a leading contributing factor in serious car accidents in Brooklyn. Dangerous intersections and roadways can also be a factor.
Regardless of what caused your car accident, if you were seriously injured in an accident caused by another party’s negligence, you can seek justice and compensation. A Brooklyn car accident lawyer from Greenstein & Milbauer, LLP can help you.
We will assist you with filing a car accident claim in Brooklyn and holding the party who harmed you accountable. Filing a successful claim requires in-depth knowledge of personal injury laws, investigation chops, and an ability to negotiate with insurance companies. We also have litigation experience, and we won’t hesitate to fight for your compensation in court.
Understanding Negligence in Car Accidents
What does negligence mean? Negligence is a legal concept. It means that people are responsible for the harm they do to others, even if the harm is unintentional. Willful harm is when someone purposefully or recklessly hurts you. Negligence can be a person’s actions, and, in some cases, it can be a person’s inaction.
For example, if a driver knew that their rear bumper was not secured but kept driving with the bumper hanging off the back end of the vehicle, that is an inaction. The driver failed to identify the danger and rectify the situation by replacing the bumper.
If the bumper suddenly fell off in Brooklyn traffic, causing an accident, the driver could be held liable for their negligence in failing to identify and address the harm an unsecured bumper could do to others.
When negligence is involved in a car accident, the injured party can sue the negligent party in civil court. That’s as long as the injuries are serious enough to take the claim outside of New York’s no-fault auto insurance system.
Proving Fault in Your Brooklyn Car Accident Claim
When negligence caused your accident, you can file a claim against the negligent party. But how do you prove that the party was negligent? You must investigate the accident and gather evidence.
You’ve just been seriously injured, so it’s unlikely you will be able to run around gathering evidence to prove your case, even if you had the fact-finding abilities to do so. That’s one of the big ways a car accident lawyer in Brooklyn can help you.
Your lawyer will investigate your claim, interview witnesses, and get documents to prove your need for compensation.
In order to get compensated for your Brooklyn accident, you must convince an insurance company and sometimes a judge or jury that you were wronged. They won’t just take your word on the matter. So gathering as much proof as possible is imperative to winning your case.
Here’s a look at some of the types of proof your lawyer may gather on your behalf:
- Witness statements
- Police and accident reports
- Accident scene expert testimony
- Medical expert testimony
- Video and photographic evidence
- Medical evidence, including your medical history
- Records of all of your losses
Insurance Negotiations for Brooklyn Car Accident Claims
Insurance claims in New York are typically handled under the no-fault system. The no-fault system works like this:
You are involved in a minor fender-bender. Although you didn’t cause the crash, you will file your car accident claim with your own insurance company to recover your losses. Your losses are small and will include vehicle repairs and some minor medical costs. It doesn’t matter who is to blame for the crash—you will use your own insurance policy for compensation.
But what if your accident is serious and your losses are great? That’s when you may be able to take your claim to civil court. This means leaving the no-fault system and suing the other driver or their insurer. You will need to prove that your injuries are serious, and you will need to demonstrate your losses.
Negotiating with insurance companies isn’t an easy task. They don’t want to pay out on injury claims. They may do everything they can to deny your claim—or at least reduce the amount they must pay you. They use a variety of tactics to do this.
See below for some of the ways dealing with insurance companies in a Brooklyn car accident case can be tricky:
- They may record your statements to use against you later.
- Insurance adjusters could challenge your medical evidence or deny your injury altogether.
- Insurers may try to place blame on you to reduce the amount they must pay you.
- They might offer you a quick, low settlement, hoping you’ll jump at the first offer.
- Adjusters may drag the claim process out as long as possible because they want you to get frustrated and give up.
Recovering the Losses Your Car Accident Has Caused
When you are seriously injured in a car accident, the event can cause you to suffer many losses. Some are monetary, and some are non-monetary.
Monetary losses are all the ways your car accident has financially impacted you. For example, if you’ve been seriously injured in Brooklyn, you will probably have a lot of accident-related medical bills.
Your non-monetary losses are the ways this accident has affected your quality of life. For example, if you have sustained an injury that makes it impossible for you to ever ride a horse again, and that was something you really enjoyed doing, you can be compensated for that loss.
Please see the list below for an idea of some of the damages and losses you can request compensation for in a Brooklyn car accident claim:
- Pain and suffering
- Missed wages and future missed wages
- Permanent injury
- Mental health services
- Physical therapy
- All related medical expenses
- Caregiving costs
- Travel costs
New York Laws Will Impact Your Car Accident Case
You have suffered through a major car accident in Brooklyn. But you won’t be able to receive compensation just because you were injured. New York laws can affect your claim, making it more difficult to receive the full compensation you need. A car accident lawyer in Brooklyn can help you defend your claim against these laws, however.
For example, when you’re suing someone for their negligent actions, they may try to turn the blame on you. They’ll claim you were at least partly responsible for the accident. They may say that, while they did cause the accident, you were texting while driving, meaning you weren’t paying enough attention to the road. If you don’t fight back, such an accusation can hurt your claim.
Because of New York’s comparative fault laws, you might be found, say, 20 percent at fault for the accident. That means that you’ll only receive 80 percent of the compensation you need for a full recovery. This reduction can leave you struggling with expenses tied to your damages, so you’ll want to fight back when the other side claims you were at fault in any way.
Another important law you need to know dictates how long you have to file a personal injury claim after a car accident. This law is called the statute of limitations.
In the state of New York, you have three years from the date of your car accident to file your claim. If you don’t file within that time frame, your claim will not be considered. You will forfeit your right to recover compensation.
Speak with a Car Accident Lawyer in Brooklyn
It’s tough to file a personal injury claim, especially when you’re trying to recover physically, mentally, and emotionally from your accident. Dealing with insurance companies whose main goal is to limit the amount of compensation you will receive can be frustrating. However, you can avoid a lot of the stress and hassle.
You can get help filing your claim by working with a Brooklyn car accident lawyer. Your lawyer from Greenstein & Milbauer, LLP can go after the settlement you need to pay for your losses. Contact us by using the online contact form below or calling 1-800-VICTIM2 (842-8462).
Brooklyn Car Accident FAQ
When you’re injured in a car accident, you’re dealing with more than just the accident. You’re trying to handle your lawsuit on top of your injuries, and that can be overwhelming. If you don’t seek help before you begin your claim, you might find yourself out of luck later. If you’re struggling with your case, reach out to a car accident lawyer in Brooklyn for the answers you need. The FAQ below can get you started. Then you can seek detailed, personal answers to your questions by giving our law firm a call.
I was in a single-car accident. Can I still file a claim?
When you’re in a single-vehicle accident, it might seem like it has to be your fault. But that’s not always true. Instead, a dangerous road or vehicle defect might have caused it. For example, if you hit a deep pothole, your car may have been damaged, causing you to lose control. In these cases, a government road authority might be at fault. Or an accident caused by your car breaking down may not be on you. Instead, you may need to file a claim against the manufacturer, which is liable for any defects that could have been avoided.
What if my child was injured in a car accident?
When a minor is injured in a car accident, they’re eligible for compensation. However, they are unable to file an injury claim for themselves. Fortunately, you should be able to file a claim for your child. They’ll need that compensation for their suffering, and you’re legally allowed to fight for it on their behalf.
The other driver was arrested for a related criminal offense. Should I still file a car accident claim against them?
If the other driver was arrested for a crime, such as drunk driving, after your accident, it can make your case more complex. You’ll still be able to file an injury lawsuit, but you may need to wait for the criminal trial to finish. Fortunately, you will also be able to use the evidence brought forward in criminal court for your civil claim. This can help you win fair compensation for what you’ve been through. This often occurs in commercial truck accidents.