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Brooklyn Car Accident Lawyer
A car accident doesn’t have to be the end of the road for your financial stability. Let a Brooklyn car crash lawyer help you recover compensation for all you’ve suffered after your wreck.
Car accidents in Brooklyn can cause serious injuries to anyone involved. If you were in a crash that wasn’t entirely your fault, you have the right to file a personal injury lawsuit against the at-fault party or parties to recover fair and complete compensation.
A Brooklyn car accident lawyer can represent your interests in settlement negotiations, and in court, but choosing the right one is an important factor in the ultimate outcome of your claim. Without the right attorney on your side, you could be left with a reduced or dismissed compensation. Don’t put your financial future at risk.
A lawyer from Greenstein & Milbauer, LLP will treat you with respect while explaining everything you must accomplish to win significant compensation. Our team will become yours, and with our qualified attorneys and staff, we’ll push your claim toward success.
Cause Leads to Fault
First, we have to find the cause or causes of your Brooklyn car accident because that information will often lead us to the at-fault parties. Without a cause, or someone to hold the blame, we have no case to file.
Nearly anything can result in a car crash, but several factors are common culprits, and many accidents involve more than one factor. We’ll investigate the scene of the accident, the vehicles involved, the drivers, and the upkeep of the area. We will also thoroughly interview witnesses and experts to gain as much knowledge about the crash as possible.
When it comes to causes of car accidents in Brooklyn, the usual suspects include the following:
- Drunk, drugged, drowsy, and distracted drivers
- Mechanical and part failure
- Installation and inspection errors
- Road hazards that should have been managed
- Roadside construction zone mishaps
Brooklyn Auto Wreck Injuries
Your injuries will depend largely on the types of vehicles involved, the speed at which they were traveling, and the quality of safety equipment, such as seat belts and airbags. Injuries can range from whiplash to severe brain damage, but no matter the severity, you’ll likely need some medical care, which is always expensive.
We’ll communicate with your doctors to determine which of these injuries might be relevant in your particular situation:
- Head and facial harm can lead to hearing loss, vision impairment, traumatic brain injury (TBI), and disfigurement that requires reconstructive surgeries.
- Neck, back, and spine damages can result in permanent back pain, whiplash, spinal cord injuries that lead to paralysis, and nerve damage resulting in chronic, pain, numbness, tingling, and diminished mobility.
- Organ damage can cause potentially deadly internal bleeding and necessitate expensive and sometimes lengthy waits for transplants.
- Broken bones, at their worst, can require amputations and cause mobility limitations, such as a permanent limp.
- Severe burns across a wide area of your body from fire or leaked chemicals can be excruciating and long-lasting. Burns can sometimes cause severe disfigurement, which necessitates skin grafts and other reconstructive surgeries.
- Post-traumatic stress disorder (PTSD) can affect anyone at any age and involves several social and mental conditions.
Fair Compensation for Your Car Crash
Your invoices will inform us how much your medical bills are, up to the current moment, but projecting your future financial losses is a complicated task. This is true of non-economic damages, as well, but they all need a specific value attributed to them, despite the fact that certain conditions, such as paralysis, can never truly be accounted for.
With the help of your doctors, therapists, and other medical experts, your Brooklyn car wreck lawyer will make these calculations for you to assign the correct and maximum value to every hardship you have suffered and will suffer because of the accident.
Your accident claim should include any relevant damages, including one or more of the following:
- Immediate and long-term medical costs
- Current and future income loss and reductions in wage-earning capacity
- Any disability accommodations to your home, workplace, and car
- Pain and suffering for the experience of the accident, your treatment, and the recovery process
- Distress tied to detrimental changes of your emotional and mental wellbeing
- Loss of care, companionship, and consortium
- Property damage to your vehicle and the items inside
- Punitive damages to punish the severe negligence of the other party
- Wrongful death
Insurance and No-Fault Rules
Dealing with anyone’s insurance—even your own—is difficult. New York is a no-fault insurance state, which means your first action must be against your own insurer, no matter who is responsible for the accident. If you want to file a personal injury claim, you must have suffered a serious injury, which has a legal definition.
New York’s definition of a serious injury includes the following conditions:
- A fracture
- A disability lasting at least ninety days within the first 180 days after the injury
- Significant disfigurement
- Loss of a fetus
- Permanent loss of the use of a body organ, member, function, or system
- Permanent consequential limitation of the use of a body organ or member
- Significant limitation of the use of a body function or system
It’s important to understand that no-fault insurance claims are capped by both the state and individual insurance policies. These caps often leave the victims of serious Brooklyn crashes paying out of pocket for their damages. Luckily, a successful personal injury claim can help you recover full compensation for all you have suffered.
The New York Insurance Process
When you’re filing an insurance claim for a Brooklyn car crash, what does that look like, and what can you expect? You might know which injuries should be covered, but you could be unclear on the process and what to expect from your insurer.
First, you’ll need to contact your insurance provider immediately following your accident. Once you report your accident and file a claim, an adjuster will get to work determining what your claim is worth, which includes car repairs or replacements and any relevant medical expenses. This research can take some time, so don’t expect an immediate settlement offer.
If you receive a settlement quickly, or the amount seems lower than you expected, reach out to an attorney to review the offer. Your car crash lawyer can examine the offer and help you send a demand letter for the full value of your claim.
If the insurer refuses to settle, or if you suffered a serious injury as defined by New York law, your attorney can bring a civil claim against the at-fault party to secure your maximum compensation.
Understanding Comparative Negligence
No matter whose insurance company you’re dealing with, you need to understand that you do not matter to them. Your injuries, your family’s needs, and your life aren’t part of their equation. The bottom line and the profit loss you represent are the only ways they see you and your Brooklyn car accident claim.
To protect their profit margins, insurance companies might try to shift some or all of the blame over to you in an attempt to reduce their obligation to compensate you. They do this because it can help them take advantage of the provisions of a rule called comparative negligence.
New York’s pure comparative negligence law is taken advantage of often, though it is meant to make personal injury judgments fair. Comparative negligence allows you file a claim for compensation even if you’re partially at fault for the accident.
The downside is that your compensation is reduced by the amount of blame you’re found to hold. For example, if you’re awarded $1 million, but you’re found to be 20 percent at fault for your Brooklyn car accident, then you will receive only $800,000.
The pure part of this law means that you can recover compensation even if you hold the majority of the blame. Although some states bar compensation for claimants who hold more than half of the blame for their injuries, you can still recover compensation in New York as long as someone else holds at least partial blame.
Brooklyn Car Accident FAQ
An auto accident can be one of the scariest, most traumatizing events in your life. The aftermath of a crash can also be confusing, leaving you with few answers and many questions. Without the right help, you could be left without a settlement or compensation for your injuries.
That’s why you need a car wreck lawyer on your side. You’re in pain and need answers, and we’re here to help you. Start by checking out the list below, where we answer commonly asked questions from potential clients.
For any remaining questions, feel free to give our law firm a call. We’re ready to help you recover from this painful, complex incident.
How much time do I have to file a claim?
After your Brooklyn auto accident, you’ll need to file a claim within three years. If you don’t file in time, your claim will be dismissed, and you’ll be unable to recover your damages. That might seem like enough time to prepare and file, but keep in mind that witness statements can fade and evidence can be lost. The time to act is now.
I was in a T-bone accident. How can I prove I’m not at fault?
When you’re injured in a T-bone crash, we’ll speak to eyewitnesses and review surveillance footage of the accident. This evidence will determine who was illegally crossing the intersection at the time of the collision.
Should I accept the settlement offer my insurance company made?
Often, it’s not advisable to accept the insurance company’s initial offer. Although that settlement might seem like enough, and you’re desperate to put this accident behind, acceptance means they might not be responsible for further compensation. Make sure you’re getting the amount you deserve for your damages by consulting an experienced auto collision attorney in New York.
Work with a Brooklyn Car Accident Attorney
Car accidents in New York have a three-year statute of limitations, which means you have to file your claim within three years of your Brooklyn car crash. This might seem like a long time, but these claims can require extensive investigation and research, and they can take a long time to push through the legal system.
Those three years can fly by if you’re not prepared, which can leave you without the settlement you need to obtain a full recovery and cover the expensive damages that often accompany auto wrecks.
You likely need a Brooklyn car accident lawyer to get started on your claim quickly. Our team at Greenstein & Milbauer, LLP has the experience and resources necessary to win and secure the financial justice you deserve. Call 1-800-VICTIM2 (842-8462) or fill out the form below to schedule a free, no-obligation claim consultation today.