Cars and traffic are a huge part of life in New York City. Whether you are driving your own car or riding in a cab, you may be injured in an accident. An attorney will help you determine who is responsible for the crash and how you can get fair monetary compensation.
Often, another negligent driver is responsible for an accident. In other cases, multiple drivers may be implicated in a collision, and you may hold one, some, or all of them accountable. Even if you are a little bit responsible for causing the accident, you can still seek fair compensation for your injuries. A lawyer should help you determine your damages and find the evidence you need to prove your claims.
For a free, private case analysis, contact our car accident lawyers with The Martello Law Firm by calling our offices at (914) 685-6950.
Who May Be Responsible for a Car Accident?
Numerous people may be named as defendants in a car accident lawsuit. Whom you sue depends on how your accident occurred.
Another Driver
In most cases, another driver causes a serious car accident. Even when drivers do everything they can to stay safe, they may be injured because of another’s negligence. Common examples of driver negligence include distracted driving, excessive speeding, reckless driving, and failure to adjust to adverse road or weather conditions.
Multiple Drivers
Multi-vehicle accidents are more common than people think, and they can be difficult from a legal standpoint. One, several, or all the other drivers involved in the accident may be held responsible. It may be challenging to determine who is or is not to blame, and you may face legal action from the other drivers. As such, it is crucial that you have a qualified lawyer on your side.
What if I am Partially At Fault?
It is common for a plaintiff in a car accident lawsuit to be deemed partially responsible for the collision. Even so, they can still sue for damages. According to New York’s pure comparative negligence law, you may still sue for damages, but those damages may be reduced based on your percentage of fault for the accident. If you are 15% responsible, your damages may be reduced by 15%.
How to Claim Damages in a Brooklyn Car Accident Case?
To pursue damages in a car accident case, our car accident lawyers must thoroughly evaluate your losses and determine their value. This may be difficult, depending on your injuries and losses, and you should consult an experienced lawyer.
Economic Damages
Economic damages may include a wide range of monetary costs directly resulting from the car accident. Common damages may include medical bills and the cost of ongoing treatment. You may claim future medical bills if you expect to require future medical care for your injuries.
You can also claim property damage, such as your damaged car, and the income you may lose from being unable to work while you recover.
Non-Economic Damages
Many damages cannot be proven with evidence of monetary cost, as their cost may be too subjective. Sometimes they do not cost actual money at all. Instead, these damages may be measured according to the toll they take on your life, health, and well-being. Such non-economic damages may include physical pain, emotional distress, psychological injuries (e.g., depression, anxiety, PTSD), and the loss of enjoyment of your own life.
FAQs About Brooklyn Car Accident Claims
What Are Common Causes of Auto Accidents?
Many car accidents happen because negligent drivers are distracted, speeding, or commit ordinary traffic violations. Various other factors may be present in your case that may help us determine how your accident happened and who is responsible.
Who May Be Held Responsible for a Car Accident?
Typically, another driver on the road is responsible for an accident. However, some cases may be more complex and involve multiple drivers who share varying degrees of blame for the crash.
Can I Sue for a Car Accident if I am Somewhat to Blame?
You might be held partially responsible for the accident, but that does not stop you from suing in New York. However, you may see your damages reduced according to your share of blame. For example, if you are deemed 15% responsible for the accident, you may lose 15% of your damages.
Should I File an Insurance Claim After a Car Accident in Brooklyn?
Yes. New York often requires drivers to file claims with their personal injury protection (PIP) coverage, which does not require drivers to prove who was at fault. You may also be able to file a third-party claim with the other driver’s liability coverage, but you must be prepared to prove their fault for the crash.
How Do I Start an Insurance Claim After a Car Crash?
How you begin a claim may depend on which insurance company is involved. Claims may often be filed online, although you may need to speak with an insurance representative when processing your claim. An attorney can help you navigate the insurance process.
Is There a Time Limit on Filing a Lawsuit After a Car Accident?
Yes. Car accident lawsuits are usually personal injury claims. In New York, personal injury lawsuits must be filed within 3 years of the date of a car accident. If you miss this deadline, you may be prohibited from filing the case at all.
How Can a Lawyer Help Me with a Car Accident Case?
Your attorney can help you evaluate your damages so that you know exactly what your claims are worth. They should also help you find the evidence you need to prove your claims, draft and file any important paperwork, and develop legal strategies to use in the courtroom.
What Damages Are Available in Car Accident Cases?
Various damages may be available, but medical bills, property damage, lost wages or income, and pain and suffering are among the most common. Your specific claims may differ, and you should speak to an attorney about them.
What Evidence Should I Have in a Car Accident Case?
Your evidence will be specific to your accident and what you claim in your lawsuit. Some likely evidence may include, but is not limited to, photos from the accident, video footage, witness testimony, medical records, and your testimony about the accident.
Does it Take Long to Get Financial Compensation for a Car Accident?
The time it takes to actually receive monetary compensation is hard to predict. Some cases move rather quickly, and plaintiffs may receive compensation in a few months. Others move more slowly, and you might not have the money you need for closer to a year or longer. Once your case is complete, it may take a few weeks to a few months before the defendant actually pays you compensation.
Review Your Legal Claim with Our Brooklyn Car Accident Lawyers
For a free, private case analysis, contact our car accident lawyers with The Martello Law Firm by calling our offices at (914) 685-6950.
