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Queens Car Accident Lawyer
Dealing with the aftermath of an auto wreck can be almost as traumatic as the wreck itself. Get the help you need as you seek compensation by contacting a Queens vehicle collision attorney.
Did you know that vehicle collisions are a leading cause of death in the United States? Whether that surprises you or not, chances are you don’t want to be part of that statistic. Safe driving can decrease your chances of being seriously injured or killed in an auto collision, but you can’t always avoid all accidents.
That’s because you can’t anticipate the negligence or recklessness of other drivers on the road. When you’ve been injured in a car crash, you will experience a range of emotions, such as fear, anger, sadness, and worry. You could also suffer mental trauma and anxiety from the accident.
No one deserves to be injured in a car accident, but if you’ve been hurt because of another person’s careless actions, you do deserve to recover compensation for your suffering. Getting the help of a Queens car accident lawyer can help you get the compensation you need to move past your collision.
No-Fault Auto Accident Insurance in Queens
When you’ve been in a vehicle collision in Queens, you will need to file a claim with your no-fault insurance provider to recover your losses. New York requires all drivers to carry no-fault insurance, which protects you and your family if you’re ever in an accident. You would simply file the claim with your own insurer, regardless of who caused the crash.
Most of the time, this works well. Your insurer will cover your missed work wages and medical expenses caused by your accident, and you won’t have to worry about who was to blame. The main drawback is that insurers are for-profit companies.
They will always avoid paying out on a claim if they can, so it’s often best to have an attorney help you file these kinds of claims. You’ll feel confident knowing your insurance company is not taking advantage of you, and you’ll know you’re getting the full compensation you’re owed for your accident.
Personal Injury Lawsuits After a Serious Car Wreck
Sometimes, your accident will be so serious that your damages will far exceed the maximum benefits of your no-fault insurance policy. This is often the case when you’ve sustained serious bodily injuries in a wreck. Your injuries could require multiple surgeries to correct, lengthy hospital stays, rehabilitation, and more.
What will you do if your personal injury protection (PIP) benefits don’t cover all of these expenses? Many victims file a personal injury claim against the negligent party. But where do you begin? Call an attorney who is experienced in serious collision cases and who has the legal knowledge necessary to obtain the compensation you need.
To win a Queens auto injury case, you may need to do the following:
- Investigate the accident to determine the cause.
- Prove that the other driver’s negligence caused the accident.
- Demonstrate the severity of your injuries through medical documentation.
- Gather the evidence needed to prove your case.
- Negotiate with insurance companies.
- Take the case to court, if needed.
What Are the Negligence Laws in Queens?
To obtain compensation via a lawsuit, you must first prove that the party who injured you was negligent or careless in his or her actions and that, because of that negligent behavior, you were hurt.
In the case of vehicle accidents in Queens, you have the added burden of proving that your injuries were serious enough to leave the no-fault system and enter the tort system. You also have to prove your injuries were caused by the crash.
Some cases are straightforward enough to be easily proven, but sometimes it can be very difficult to demonstrate your injuries were the result of your wreck. For example, if you’re suffering from a back or spinal injury caused by the collision, you must be able to show that you weren’t suffering from a back or spinal condition prior to the wreck.
Additionally, the state of New York compares the negligence of involved parties to determine the amount of compensation the injured claimant can receive. This is called comparative negligence. If you’re found to have been partially at fault for your vehicle collision, the damages you’ll be awarded will be lowered.
Compensation from PIP Benefits vs. a Personal Injury Lawsuit
There’s no right or wrong way to get the compensation you need for your auto injuries; it’s simply a matter of what is right for you. Your PIP benefits are great for some types of accidents, and they should cover the following:
- Missed work wages
- Medical care deemed reasonable and necessary
- Replacement care costs (up to $20 per day)
- Death benefits to the family of someone killed in a car crash
Filing a personal injury claim against a negligent driver may be the right decision if you’ve been seriously injured in a Queens car wreck. Suing the at-fault driver can allow you to be compensated for non-economic damages, as well. PIP benefits do not cover non-economic damages, which include intangible hardships like pain and suffering.
A settlement or award from a personal injury lawsuit could compensate you for the following:
- All medical expenses associated with your car accident
- Pain and suffering
- Accident-induced mental trauma
- Missed wages and future missed wages
- Physical therapy and mental health services
- Loss of your quality of life
Queens Car Accident FAQ
Don’t hesitate to contact our office with any questions you may have. We will answer them for free during a discussion of your case. Below, please see a few questions our attorneys often receive.
What is the serious injury threshold in Queens?
To be considered seriously injured and therefore eligible for personal injury compensation, you must have suffered injuries like serious disfigurement, dismemberment, fracture, loss of a fetus, significant injury to a body function, or any injury that greatly limits your abilities for ninety days or more.
Why do I need a lawyer to file an insurance claim or personal injury claim?
In some cases, you may be able to file an insurance claim on your own, especially if you were involved in a minor car crash. However, if your Queens car wreck was moderate to serious, your injuries could require significant medical attention, which is expensive. Getting maximum compensation is important, and an attorney can help with that.
Should I call my insurance company after my accident?
Yes, to report the accident. But it’s often better to speak with an attorney first. We can also speak to your insurer on your behalf.
Call a Queens Motor Vehicle Crash Attorney
Whether you need to file a claim with your own insurance company to obtain your PIP benefits or you need to file a personal injury suit against a negligent driver, a qualified attorney from our firm can help.
At Greenstein & Milbauer, LLP, we know the ins and outs of auto accident cases. That means you can rest assured that, if anyone can get you fair compensation, we can. Don’t be a victim twice. We will negotiate with the insurance companies and negligent parties so you can focus on your physical and mental health.
Call us at 1-800-VICTIM2 (842-8462) or complete the form on this webpage to schedule your free, no-pressure consultation with a Queens car accident lawyer.