Manhattan Car Accident Lawyer
Unfortunately, simply asking for fair compensation after a car accident is rarely going to go your way. But a Manhattan car crash lawyer can help you demand everything you’re owed.
As a driver, you probably do everything you can to keep yourself and other motorists safe while you’re on the road. Unfortunately, accidents sometimes can’t be avoided.
But if you weren’t the one who was responsible for the crash, there’s no reason why you should have to take on the burden of managing the fallout. Instead, turn to our team at Greenstein & Milbauer, LLP for help. Working with a Manhattan car accident lawyer, you can file a claim against the liable party and recover the compensation you need and deserve.
Who’s at Fault?
After a serious auto accident, finding the person at fault may be a major obstacle for you. In some cases, you may be able to simply file a claim with your insurance company and get a settlement for your losses, but it’s not always so simple. If you’ve suffered serious injuries, especially permanent ones, you may be able to seek compensation from the responsible party through a lawsuit.
Often, the fault lies with the person who caused the crash. Whether they were speeding, texting, or driving aggressively, they’re responsible for the pain you’ve been put through and should pay for it.
When the At-Fault Party Wasn’t There
What if the other party wasn’t present, though? In some cases, your accident wasn’t caused by another driver. You might have even been the only one present during the accident. However, this doesn’t automatically make the accident your fault.
If you’ve been in a serious accident like this, you’ll first need to check the roads. For example, you might have hit some standing water in the road, causing you to hydroplane and wreck. A good road design should allow water to drain off. Unfortunately, poor road design can cause serious accidents. But the government road authority responsible for road design may be liable for your damages.
In other cases, something went wrong with your vehicle. For example, you just had the brakes replaced, but they suddenly went out, causing a serious accident. You may need to seek out the manufacturer and sue for your damages.
Dealing with the Insurance Company
Immediately after your accident, you’ll likely want to get in touch with the insurance company to file a claim and begin seeking compensation for your damages. However, while it is important to involve the insurance company in order to collect a settlement, you’ll likely want to hold off on making contact until you’ve secured the representation of a Manhattan car wreck lawyer.
Unfortunately, the motives of the insurers will be less than pure. Their goal won’t be to protect you and provide you with the financial support you deserve—their number one concern will be protecting their bottom line. To do this, they’ll go to any means necessary to pin liability on you, thereby mitigating their responsibility to provide you with compensation.
To avoid this outcome, avoid discussing the details of your accident until you’ve spoken with an attorney. Your lawyer can be the primary point of contact when dealing with the insurance company. We will handle communications and negotiations on your behalf so the insurers aren’t able to get away with these kinds of dishonest tactics.
Common Causes of Car Accidents
To begin building your claim and proving the liability of the other party, your Manhattan car collision lawyer will first need to determine the cause of the car accident. This will help prove how the actions of the other party directly impacted your life and led to your crash.
This information can typically be obtained by using a few key pieces of evidence. To start, the police report that was filed on the scene of the accident will help prove to the insurance company the events that took place. Your attorney may also call on witnesses and request photographs or video footage from the accident.
Some common causes of Manhattan motor vehicle collisions that typically lead to personal injury claims include the following:
- Driving while drunk or under the influence of drugs
- Driving while fatigued
- Failing to yield the right-of-way
- Distracted driving, such as texting or eating while behind the wheel
- Malfunctions within vehicle parts, such as failing engines, brakes, or tires
- Poor road conditions
- Poor weather conditions
- Running a red light
Common Injuries in Manhattan Motor Vehicle Accidents
To make sure you are awarded all the right damages, your attorney will need to provide substantial proof regarding the type and extent of your injuries. We can do this by recalling the information and documentation compiled during your post-accident medical evaluation. We may also request expert testimony and photographs of your injuries immediately after the crash.
All of this information will help prove how your injuries were a direct result of the other driver’s (or other party’s) actions.
Some of the injuries that are typically involved in Manhattan car accident injury cases include the following:
- Head injuries, such as concussions, contusions, and other traumatic brain injuries
- Neck injuries, such as whiplash
- Spinal injuries, such as decreased motor function, becoming paralyzed, or losing sensation
- Sensory damage, such as losing the ability to hear or see
- The development of an emotional or mental health problem, such as anxiety, depression, or post-traumatic stress disorder (PTSD)
- Permanent scarring or disfigurement
- Broken or fractured bones
- The loss of a limb or extremity
What You Could Win
The potential for sustaining a serious injury in an automobile collision in Manhattan is quite high. You’ll likely require extensive medical care, as well as a recovery period to get your life back on track after your crash.
However, life won’t stop moving just because you’ve been injured. If you aren’t awarded the right amount of compensation through your personal injury claim, you may find that the consequences of your crash will become more than you are able to handle.
Luckily, your Manhattan car wreck attorney will work to ensure this doesn’t happen. We will work to ensure the insurance company or negligent party provides you with a full and comprehensive compensation offer.
With the help of your attorney, you may be able to recover compensation for the following types of damages after your crash:
- Complete medical care coverage, including costs associated with hospital bills, ambulance fees, doctor appointments, medications, travel costs, rehabilitation programs, and medical equipment
- Property damage compensation for any damage to your belongings or vehicle in the crash
- Compensation for any wages you might have lost while you were in recovery and unable to work
- Compensation for loss of future earning capacity
- Wrongful death benefits
- Pain and suffering
- Permanent scarring or disfigurement
- Reduced quality of life
- Loss of consortium
- Mental anguish
Protect Your Compensation
When you’re injured in a car crash, you’ll need to protect the compensation you’re owed from the other party. The defendant doesn’t want to provide the compensation you deserve, as that affects their own wealth. As such, they’re going to fight back, and New York laws can be used against you.
File on Time
First, you’ll need to take care not to act too slowly. You should first turn to your insurance company, especially as the clock starts ticking on your case. If you choose to file an injury claim against the negligent party, you’ll need to do so quickly. You will only have three years to file your claim. If you don’t act in time, you’ll be barred from recovery, and your claim will likely be dismissed.
Fortunately, that can be used to your advantage. By moving quickly, evidence that would degrade over time may still be usable for your claim. So, if you’re seeking compensation, you’ll need to protect it by acting in time.
Negligence Laws Will Affect Your Claim
When you’ve been injured, you’ll need to do more than act in time, however. You’ll also need to protect your claim from accusations of fault. Unfortunately, while the other driver may be found at fault, that doesn’t mean you’ll be found completely innocent of blame. Instead, they might accuse you of partial fault for the accident.
The doctrine of comparative negligence can reduce the value of your claim. Here’s how: The other side might say you were 30 percent at fault, for example. If that holds up, it leaves you with only 70 percent of the compensation you need for your recovery.
Without that compensation, you could spend far more time suffering and struggling through your bills. A Manhattan auto crash attorney can help you deal with New York laws like these, so seek the help you need before you file.
Manhattan Car Accident FAQ
After a car accident, we expect you to have questions about your compensation. After all, most people haven’t filed a lawsuit or had extensive dealings with insurers before. That’s why we’re always willing to help you understand your options and what’s going on with your case.
The following are some questions our clients often ask us:
What is no-fault insurance, and how will it affect my claim?
New York is a no-fault insurance state. Put simply, this means you will file your initial insurance claim with your own insurance company, regardless of whose fault the crash was. However, certain circumstances will enable you to file a personal injury claim outside of the no-fault system. A car accident lawyer in Manhattan can help you understand your options.
Can I recover personal injury compensation for a single-vehicle crash?
In some cases, you can. You might assume you’re the only one to blame for a single-car crash, but what if your brakes failed? The vehicle manufacturer could be at fault. A government agency responsible for maintaining safe roads could also be to blame.
What if I’m partially to blame for the car accident?
Being partially at fault doesn’t mean you’re unable to recover personal injury compensation. Under New York’s comparative negligence rules, you can recover compensation for the portion of the blame the other party holds. If you suffered $100,000 in damages after your crash and were 15 percent at fault, you would receive 85 percent of your awarded compensation.
Consult with a Manhattan Car Accident Attorney
If you were the victim of a car crash that wasn’t your fault, you shouldn’t have to shoulder the burden alone. Instead, consider letting our team at Greenstein & Milbauer, LLP provide you with the guidance and representation you need. Working with a qualified and experienced lawyer can allow you to focus your energy where it matters most: getting well after your crash.
To schedule a free initial consultation with a Manhattan car accident lawyer, give our office a call today at 1-800-VICTIM2 (842-8462). We can also be reached online through our contact form at the bottom of the page.