Queens Car Accident Lawyer
A car accident can be especially painful and frustrating when the person responsible won’t cover the damages they’ve caused. Struggling to get the compensation you need for your accident? Contact a car accident lawyer in Queens for help.
Cars are a necessity for many people in Queens. Maybe you live in the area and need your own ride. Or maybe you commute to work and need a reliable way to get there. Either way, you likely drive or ride in a car quite often. Sadly, lots of cars on the road means lots of car accidents.
The aftermath of an car accident in Queens can be difficult to deal with. You’re injured. You’re missing work. And now the insurance company is offering you a low settlement. Worse, you might have been seriously injured, and the person responsible doesn’t want to pay. You’re in a tough situation, and you need help.
Fortunately, a Queens car accident lawyer with Greenstein & Milbauer, LLP can help. Our attorneys understand how much you’ve suffered and how badly you need compensation for your injuries. You’re struggling to get the settlement you need. You may even need to take your case to court. You can depend on our lawyers for help winning the full compensation you deserve.
Causes of Car Accidents in Queens
In the wake of a car accident, you are focused on healing and getting the compensation you deserve. But your lawyer will need to discuss the details of the accident to determine the cause of your car accident.
The cause is important because it shows who’s responsible and who will pay for your car accident. There may have been no other cars on the road, but you were taking the proper precautions while driving. In these cases, your car accident lawyer in Queens may need to investigate who’s responsible.
The following are a few examples of what could have caused your car accident:
- Distracted Driving – Many accidents happen because people don’t take care while behind the wheel. Distracted driving may include things like texting, talking, eating, and adjusting the radio. These all take the driver’s focus from the road.
- Road Hazards – Sometimes, roads are in such bad condition they can cause an accident. If the local government road authority should have been aware of the situation, you may be owed compensation from them. Road hazards can especially impact motorcycle accident cases.
- Part Defects – Vehicles aren’t perfect, and yours might have had trouble on the road prior to your accident. If you were hurt because a part malfunctioned—like the airbags deploying or not deploying at the right time—you may be able to sue the manufacturer.
Fault and No-Fault Insurance in Car Accidents
Determining who or what caused your car accident will get you a step closer to determining who’s responsible for your accident. This will be a major part of your case. New York is a no-fault state for car insurance. But cases with serious injuries and expenses may require you to take your claim to court, where fault will be important.
No-fault laws are meant to prevent this when possible. In no-fault states, your insurer should cover your expenses for your accident, regardless of who is at fault. Even if you caused the car accident, you would need to file a claim with your insurance company to get a settlement for medical expenses and lost income.
In some cases, though, you may need more than your insurance policy will cover. Or you might have suffered a serious injury, like permanent loss or limitation of a body part or the death of a loved one. If you lost more than $50,000 or suffered a serious injury, you’ll be eligible to file a personal injury claim outside of the no-fault system.
That means it could be important to your Queens car accident case to determine who’s at fault. Immediately identifying the right defendant will streamline your case. It will also give you one less thing to worry about for your claim.
Liability for Your Queens Car Accident
When you’ve been injured in a serious car accident in Queens, it’s important to identify the person responsible. You want to maximize the compensation you receive. Ensuring that you’re seeking compensation from the right person is important. You have a limited amount of time to file your claim. You may need a car accident lawyer in Queens to help you fight for your compensation.
Typically, the person you’re suing is the other driver. Whether they were driving drowsy, recklessly, or distracted, they caused your injuries. You may need to prove they were the at-fault party, so make sure you have witnesses or evidence to back that up.
However, the other driver is not always the one at fault. That’s especially true if you’re in a single-vehicle accident or if you know your car accident was caused by external forces, such as a lost load from a commercial truck. For example, you might have lost control of your car because of a part failure. In this case, the manufacturer may be at fault.
Otherwise, it may be the government agency that takes care of the roads. A large pothole or other road maintenance issue can cause you to lose control, damaging your vehicle and causing you to accident. Did your lawyer find evidence of this? Speak to them about filing a lawsuit against a government road authority for your injuries.
Dealing with Insurance after a Car Accident
Your first step should be to speak with your insurer. That’s even if you believe your injuries might be serious enough to qualify for further compensation. Your insurance company will need to be notified of the accident so it can calculate the costs of the damages. They’ll let you know what they’re willing to pay.
When contacting any car insurance company, be sure to avoid discussing fault. These talks could be used against you to lower the compensation you could receive for your accident. You can always have your car accident lawyer in Queens speak with insurers on your behalf.
Sadly, insurers won’t always offer you the settlement you need. In cases where you’re dealing with the other driver’s insurer, you might receive a lowball settlement offer, a delayed offer, or no offer at all. These methods are meant to make you desperate enough to take less than you deserve. A lawyer can help you fight back.
Compensation for a Queens Car Accident
If you were injured in a car accident, you need to know what your claim is worth as soon as possible. This doesn’t just show you what you should be fighting for in court. It can also show whether the insurance company is offering too low of a settlement.
You’ll need to make sure your compensation covers all the damages you’ve suffered because of your Queens car accident. This includes both economic and non-economic damages. Both of these can negatively impact your life. The ones you likely think of first are your economic damages. They are the financial losses you’ve suffered because of your accident.
Non-economic damages tend to be harder to calculate. These damages cover the mental and emotional toll accidents take on a person. If you’ve heard of a person collecting a large settlement for “pain and suffering,” that person has received compensation for non-economic damages. Unfortunately, these can be difficult to calculate without help because they lack a specific dollar value.
That’s why it’s helpful to seek out a car accident lawyer in Queens before you try to calculate the value of your damages. A lawyer can help you reach an accurate and fair figure, which may include compensation for the following:
- Current and future medical expenses
- Lost wages
- Pain and suffering
- Lost earning capacity
- Mental anguish
- Loss of enjoyment of life
- Property damage
Connect with a Queens Car Accident Attorney
A car accident in Queens is a frightening, painful experience that no one should have to endure. Unfortunately, you might have suffered serious injuries because someone else was reckless behind the wheel. Now you’re stuck dealing with the insurance company and fighting for fair compensation just so you can recover from your losses.
When you’re in such a difficult position, a lawyer from Greenstein & Milbauer, LLP can help your case succeed. You’re dealing with the pain and mounting expenses of a car accident. A lawyer can guide you through the claim process and fight for the compensation you deserve.
If you’re ready to get started on your claim, take advantage of a free consultation with a lawyer at our firm. We’ll discuss what we can do for your claim and how we’ll do it so you’re prepared before we begin.
To get started, reach out to a Queens car accident lawyer as soon as possible. You can reach us by calling 1-800-VICTIM2 (842-8462) or filling out the online contact form at the bottom of this page.
Queens Car Accident FAQ
When you’re injured in a serious car accident, you may be eligible to file a lawsuit against a person, rather than relying on your insurance company. But that’s not always so easy to do. In New York, you’ll need to ask the important questions that you’re facing before you file your claim. A lawyer can help you get the answers you need. If you’re struggling to overcome your injuries and recover your compensation, check out our FAQs below. For personalized answers or answers to questions you don’t see below, call our firm to talk to a top-rated car accident lawyer who can help you fight back.
How long do I have to file an accident claim in Queens?
New Yorkers may find that they have little time to file their claims. If you’re filing a lawsuit, you’ll only have three years to file your claim. While this may sound like plenty of time, you’ll need to act fast to get your compensation. If you don’t, you could be barred from recovery and see your claim dismissed.
I believe I’m partly at fault for my Queens car accident. Can I still sue?
When filing with your insurance company in Queens, fault doesn’t matter. Unfortunately, if you’re seriously injured and taking your claim into the tort system, any negligence on your part could harm your claim. If you’re found partly at fault for the car accident, your compensation will be reduced by that amount. For example, if you’re found 10 percent at fault, you’ll receive only 90 percent of the compensation you’re owed for the accident. That loss of compensation makes it especially difficult to recover, so avoid taking blame and fight back when the other side accuses you.
Can I still file a car accident claim if I was seriously injured as a passenger?
Passengers are in a unique position because they weren’t driving when the accident occurred. However, they were injured by a negligent driver, which means they’ll need compensation to help them recover. Fortunately, you should have a chance to seek out the full compensation you deserve.