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Bronx Car Accident Lawyer
A car accident can put your future at risk. Fight to regain your financial footing by partnering with a highly trained Bronx car crash lawyer.
Being the victim of a car accident has the potential to wreak havoc on your day-to-day life. Between medical bills, property damage, and focusing on your recovery, it can feel overwhelming to pick up the pieces on your own. Getting the compensation you deserve is a major part of getting better. It’s difficult to focus on your health with bills and lost income looming over you.
To reach this goal, consider filing a civil claim against the person who caused your wreck to obtain compensation for your damages. This compensation can make up for your losses, protecting you and your family from further suffering. But doing so can be difficult if you attempt to navigate the claims process on your own, or if you don’t have the right legal representation.
To boost your chances of achieving a successful outcome, work with a Bronx car accident lawyer from Greenstein & Milbauer, LLP. Our attorneys understand all that goes into a successful claim, and we’ll make sure you get the help you need. When you’re suffering after an auto wreck, you deserve compassion and an aggressive defense that gets you the funds you need for a full recovery.
Dealing with the Insurance Company
When you want to file a claim against someone who caused your physical injuries and financial damages, dealing with the insurance company is an inevitable part of the process. However, that doesn’t mean you have to handle it on your own. In fact, we don’t recommend dealing with insurers without a qualified lawyer’s help.
A multitude of circumstances could lead to a negative outcome when you work with the insurance company without first enlisting the services of an experienced Bronx car wreck lawyer.
First, you must consider what the objective of the insurers will be. Unfortunately, it likely won’t be to help you. As a for-profit company, the focus will likely be about protecting shareholder profits and avoiding as much financial loss as possible.
Insurance providers will make all possible efforts to achieve this goal. Representatives might try to trap you in a recorded statement that inadvertently makes you at least partially liable for your damages. Or they could offer you a lowball settlement that doesn’t truly match the total value of your claim. In some cases, they might even deny your right to compensation entirely.
There’s also the issue of accuracy. New York has strict statutes regarding how long after an accident a claim must be filed, and it’s crucial that the claim is submitted properly and free of any errors. Failure to accomplish this could lead to a denial based on minute details alone.
Luckily, enlisting the services of an experienced attorney can help you avoid all of these possible outcomes. First, we will handle providing statements and communicating with the insurance company for you; we’ll know what to say and how to say it in a way that clears you of unwarranted blame.
Next, we’ll negotiate and push back against the insurance company’s tactics. This will ensure you aren’t left with a settlement that doesn’t fully compensate you for what you’ve endured. Finally, we will use our in-depth knowledge of personal injury law to ensure your application is error-free.
Common Causes of Car Crashes
Your Bronx auto collision lawyer will also work with you to pinpoint the cause of your crash. This is a crucial part of the claims process because it helps demonstrate the liability of the other driver. This information can typically be pulled from the police report that was taken at the scene of the crash.
Be sure to seek a lawyer’s help when determining the cause of your car crash. This evidence will be instrumental in proving your case. Remember, though, that it can also prove that you weren’t the at-fault driver. The causes of a crash can be complex and multi-faceted. An experienced lawyer knows what to look for and how to obtain it.
Some common causes of auto collisions in the Bronx include one or more of the following scenarios:
- Texting and driving
- Drunk or drugged driving
- Driving while fatigued
- Failing to yield the right-of-way
- Failing to follow stop signs, traffic lights, or other traffic signs
- Poor road conditions
- Inadequate signage on the roads
- Malfunctioning vehicle parts
- Improper lane changes
Types of Crashes
Part of proving the liability of the other driver includes determining the type of crash you were involved in. This will help prove to the insurance company that your damages were a direct result of the other driver’s negligence. It will also help verify any injuries you might have suffered as a result of the crash.
Crashes often seen in the Bronx include the following:
- Sideswipe crashes
- Rear-end collisions
- Hit-and-run accidents
- T-bone collisions
- Head-on crashes
Tell Us About Your Injuries
Your car accident lawyer in the Bronx will also need to demonstrate the nature and extent of your injuries. Doing so will help determine the damages you are eligible to recover and the compensation you should expect to receive. Injuries are often proven using medical records from your post-crash evaluation and statements from your doctor that highlight the severity of your damages.
Typically, car accident victims will suffer one or more of the following types of injuries:
- Spinal injuries, such as paralysis
- Sensory damages, such as loss of vision or hearing
- Scarring, burns, or other forms of disfigurement
- Loss of a limb
- Broken or fractured bones
- Head or neck injuries, such as concussions, cognitive damage, and whiplash
Calculating Your Compensation
Once all of the necessary evidence has been compiled, your attorney will work with you to determine the amount of compensation you should expect to receive. We’ll calculate the expenses you’ve already incurred, as well as the expenses you’re expected to spend in the future in relation to your accident.
That way, you can secure the full compensation you need to recover after your collision. Some types of compensation and benefits you might be eligible to recover after your Bronx car accident include the following:
- Compensation for any past or future medical expenses, including visits with your doctor, stays at the hospital, medications, rehabilitative equipment or programs, and travel costs associated with your care
- Reimbursement for any wages lost during your recovery, as well as compensation for any loss of earning capacity
- Compensation for property damage
- Wrongful death benefits
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
Who Pays for My Expenses?
Once you’ve determined the damages you’ll need to be compensated for, your attorney will need to determine who’s responsible for your expenses. Although New York is a no-fault state, your insurance company might have denied your claim, or you might have suffered a serious bodily injury. In these cases, you’ll need to find the person financially responsible for your suffering.
In many auto collision cases, that means you’ll be seeking out the other driver. Most accidents are caused by a driver making a mistake or making an illegal driving action, and they’ll be the ones responsible for paying for any subsequent injuries. Unfortunately, this isn’t always the case.
For example, you might have been hit by a driver who was at work, such as a pizza delivery employee or a semi-truck driver. Although they were responsible for causing the accident, that doesn’t mean they are financially liable for the damages incurred because of the crash.
When employees are performing their jobs as expected, they are the responsibility of their employer. That means, if a taxi hits you, you won’t sue the driver. Instead, you’ll sue the taxi company for the recklessness of their employee.
If you believe the other driver in your auto accident was on-the-clock during the crash, you’ll need to file a claim against the employer. An experienced vehicle collision attorney can help you determine the liable party.
Laws that Affect New York Auto Wrecks
When you’re preparing to file a claim against another driver, you’ll need to know the laws that can affect your claim. Although it might seem clear that the other driver caused the accident and you suffered for it, your compensation could be at risk if you don’t adhere to certain laws.
Sadly, many people file their claims without first speaking to a lawyer to ensure they’re following all requirements involved in their claim. As a result, they receive a reduced compensation, or worse, no compensation at all. In these cases, the wreck victim is responsible for covering any and all expenses related the accident, even when they weren’t responsible for causing the collision.
Your lawyer will go over the case-specific laws that you’ll need to focus on for your claim, but some laws could affect you before you even file. For this reason, it’s well-advised to enlist the help of a qualified attorney who stays up-to-date on local and federal laws that can affect your right to compensation. If you don’t, the funds you deserve could be at risk.
Statute of Limitations
First, allow yourself plenty of time to file. Many victims of car crashes don’t realize they have a limited time to file a claim, and if they don’t act in time, the consequences could be dire. In New York, you’ll have just three years from the accident or date of related injury diagnosis to file a claim. If you don’t act in time, your case could be dismissed and you’ll be barred from recovery.
Negligence Laws in New York
You might already be aware of the statute of limitations, and you’re preparing your claim in time. Unfortunately, that doesn’t mean your compensation is guaranteed. If they can’t prove that they weren’t responsible for the accident, the defendant will likely use any evidence possible to show that you were also negligent.
If you don’t dispute this claim, your compensation could be reduced by the percentage of fault you’re found responsible for. For example, let’s say the other driver hit you, but you were speeding at the time. Although you didn’t cause the crash, the defendant will argue that by speeding, you were unable to avoid the crash in time. In this case, you might be found 10 percent culpable.
Unfortunately, this can hurt your claim. You’ll only receive 90 percent of the full compensation you could have earned. Although this percentage might not seem like a significant amount, your expenses are high, which means you could lose thousands of dollars that you should have received for your recovery.
Bronx Car Accident FAQ
We have the answers to all of your questions about your Bronx car accident injury claim. For any questions you don’t see below, don’t hesitate to reach out to us. We’re happy to help.
What is no-fault auto insurance?
New York, along with several other states, uses a no-fault auto insurance system. Put simply, this means your own auto insurance should cover your financial damages after your car accident, no matter who was responsible for causing the accident.
For wrecks serious enough to cause damages that exceed the compensation limits of your policy, you might be able to file a personal injury claim for additional compensation.
What’s the deadline for filing a personal injury claim?
From the date of your accident, you have three years to file your personal claim. This deadline is called the statute of limitations, and claims filed beyond this point will be considered invalid.
Can I pursue compensation if I’m partially at fault?
Because of New York’s no-fault insurance rules, you should be able to receive compensation for your property damage and medical bills, regardless of who was at fault for the accident that injured you. Even if your damages exceed your policy limits, you can still pursue compensation for the portion of fault the other driver holds. This rule is called comparative negligence.
Let a Bronx Car Accident Attorney Help You
If you were injured in a collision and are looking for ways to move forward, the team at Greenstein & Milbauer, LLP is here to help make things right. When you work with our firm, you will have the benefit of sound legal knowledge and aggressive representation as you seek the compensation you deserve.
When you’re ready to schedule a free consultation with a Bronx car accident lawyer, we’re here for you. Fill out our online contact form below or give us a call directly at 1-800-VICTIM2 (842-8462) to get started.