If you or someone you love has been injured in an accident, you should not have to suffer any more than you already have. Our expert Long Island accident lawyers are ready to fight for you. Contact us today for a free consultation.
Car accidents often happen in the blink of an eye. No one expects to be involved in a car accident while driving home from work or picking up their kids from school, but the unfortunate reality is that not everyone exercises necessary caution while behind the wheel.
- What are My Legal Options After a Car Accident in New York?
- What Damages Can You Recover in a Car Accident Case?
- How Long Do You Have to File a Auto Accident Claim in New York?
- What to Do After a Car Accident
- New York Car Accident Laws
- Dealing with the Insurance Company after a Car Accident
- Cases We Handle
- Results We’ve Gotten for Car Accident Victims
What are My Legal Options After a Long Island – New York Accident?
You have three main options to collect compensation after a car accident. You can file an insurance claim for property damage with the driver’s insurance company, or if you have collision coverage, you can file a claim with your own insurance company. You may also file a lawsuit against the at-fault driver.
In many car accident cases, the at-fault party settles the case out of the courtroom. However, you may have to proceed to trial if you receive inadequate settlement offers or the amount of damages you suffer exceeds insurance policy limits. The lawyers at Jacoby & Jacoby, Esqs. will determine which is the best course of action.
What Damages Can You Recover in a Long Island Accident Case?
You can seek two types of damages when you file a car accident claim: economic and non-economic. Economic damages refer to the tangible and objective losses you experience due to the car crash, while non-economic damages are the emotional and non-monetary losses.
Economic damages may include past and future medical expenses, lost wages during your recovery time, property damage, disability accommodations, physical therapy, and even transportation costs. On the other hand, non-economic damages may include the following:
- Depression, anxiety, and post-traumatic stress disorder
- Disfigurement due to your injuries
- Loss of future earning ability
- Loss of enjoyment of life
- Physical and mental pain and suffering
In certain cases, you may also receive punitive damages in addition to your compensation needs. Courts award punitive damages to punish the liable party for behavior that is willful and wanton, intentional, or fraudulent. For example, drinking and driving may constitute punitive damages in car accident lawsuits.
Calculating damages can be difficult, but help is available. Your Long Island accident attorney from Jacoby & Jacoby, Esqs., will help you determine which damages you may be eligible for and calculate an estimated amount to scrutinize settlement offers against.
How Long Do You Have to File a New York accident Claim?
All civil lawsuits in New York must adhere to a statute of limitations, or a deadline by which you must file your claim or the court will likely dismiss your case. Statute of limitations may seem restrictive, but actually help preserve evidence and witness testimony.
In New York, you have three years from the date of your accident to file your claim. If your case involves a municipality, you have 90 days to file a Notice of Claim with that municipality. Contact Jacoby & Jacoby, Esqs. as soon as possible to ensure you submit your paperwork before this deadline. Our law firm will handle everything from beginning to end.
What to Do After a Car Accident in New York
After an auto accident, you’re likely experiencing high amounts of adrenaline, shock, and heightened emotion. Even with everything going on, it’s important to get your bearings and collect the information you need to support your side of the story.
Whether you realize it or not, the personal injury legal process begins at the scene of your accident. That’s why it is important to stay prepared; so that you don’t make a critical error and compromise your ability to recover the damages that you need. Below, you will find a step-by-step outline of the car accident process with the facts and information that you need to answer the question, what should I do after a motor vehicle accident?
- Take a Deep Breath: Calm yourself as much as possible so that you can focus on what needs to be done.
- Evaluate Injuries: If you or anyone else is injured, call 911 as soon as possible.
- Call the Police: The police will keep an official report that you can later give to your insurance company.
- Move the Vehicles: If possible, get the vehicles to the side of the road to prevent further injury.
- Collect Driver Information: Write down the names and insurance information of other drivers.
- Take Photos: Use your camera phone to take pictures of the cars, the road, and other details.
- Don’t Admit Fault: Apologizing can be used as an admission of guilt.
- Don’t Say, “I’m Alright.”: You may have injuries you were unaware of. Say something like, “I don’t think I need medical attention at this time.”
- Go to Your Doctor: As soon as possible after the crash, go to your doctor and make sure that there aren’t any injuries you may be unaware of. In the time following the incident, document pain or injuries that occur as a possible result of the crash.
New York Accident Laws
New York follows a traditional fault-based system when it comes to car crashes, meaning that the driver responsible for your accident must pay for your damages and the damages that other drivers, passengers, and pedestrians suffer during the crash.
All drivers in the state must carry the following minimum amounts of insurance coverage to uphold this financial responsibility:
- $25,000/$50,000 per person/incident for bodily injury
- $50,000/$100,000 per person/incident for death benefits
- $10,000 for property damages
You can choose to purchase more coverage if you wish, as well as additional policies to cover your losses in case you are in an accident with a negligent driver who does not have enough insurance to cover your car accident injuries.
Dealing With an Insurance Company After an Accident
It is likely that you have car insurance in order to protect yourself in case you are injured in an accident. Unfortunately, even those with insurance must take the proper steps to ensure that their claim is accepted and all rights are protected under the law. Working with experienced car accident lawyers if you have been in a crash can help you navigate these waters and come out with the highest possible financial recovery.
After you gather all of the relevant information about the accident, speak with your insurance company. Limit your conversation to the facts, though. Do not explain your actions, but simply state the facts and describe the accident. Avoid talking about your personal feelings, etc.
In order to ensure that you provide all the proper evidence of the other driver’s fault, insurance companies should be provided with copies of:
- Police report
- Medical records
- Traffic citations or tickets given
- Photos of the accident scene
- Identification of witnesses
- Photos and documentation of injuries
- Documentation detailing wage loss
After being injured in a car accident, most people expect the insurance company to be on their side. The unfortunate truth is that most insurance adjusters only care about settling your claim as quickly, and for as little money, as possible. For this reason, you should not hesitate to discuss your case with an experienced car accident attorney in New York before you settle your claim. You may be entitled to much more money than you are being offered, so it is important for you to explore your options. The attorneys at Jacoby & Jacoby, Esqs., are not afraid to take your case to trial if the insurance company is unwilling to offer fair compensation.
Types of Car Accident Cases We Handle
With the help of a Long Island accident lawyer from Jacoby & Jacoby, Esqs. you can seek fair compensation for the physical, emotional, and financial losses that you have suffered. Contact our firm today to learn more!
Our law firm represents clients injured in all types of auto accidents, including cases that involve:
- Construction zone accidents
- Distracted driving
- Drunk driving accidents
- Passenger injuries
- Rear-end accidents
- Rollover accidents
- Aggressive driving
- Reckless driving
You are entitled to recover a monetary award when you have been hurt in a car accident caused by another person. Working with our firm, you can recover compensation for medical bills and hospitalization costs, future medical treatments, lost earnings, pain and suffering, and emotional distress.
Some of Jacoby & Jacoby’s most notable accident cases include:
- $1,080,000.00 verdict – Car Accident
- $1,500,000.00 settlement – Car Accident
- $1,150,000.00 settlement – Pedestrian Accident
- $ 750,000.00 settlement – Car Accident
- $ 600,000.00 settlement – Car Accident
- $ 2,000,000.00 settlement – Negligent Supervision
- $ 400,000.00 settlement – Slip and Fall
- $ 375,000.00 settlement – Slip and Fall
Reach Out To A Long Island Car Accident Attorney At Jacoby & Jacoby, Esqs.
For all types of car accident claims and lawsuits, Jacoby & Jacoby, Esqs. is here to help you recover the maximum compensation owed to you. If your loved one was injured in a car accident, please contact Jacoby & Jacoby, Esqs. to schedule a free consultation today at (888) 452-2629!