Brooklyn Car Accident Lawyer
Car accidents are one of the most common causes of serious injuries. Most people will experience a car accident at some point in their lives, and many of these victims can only hope that they will not suffer injuries. If another driver’s negligence behind the wheel caused you serious injuries in a Brooklyn car accident, we may be able to help.
Car accidents of all kinds are common in Brooklyn. To get adequate compensation for your injuries, you might have to file a lawsuit. This will only be possible if you meet the serious injury threshold for auto accident claims in New York. If you can sue, you will have three years to do so. Once contacted, our lawyers will investigate your case and aim to uncover evidence of fault. If your claim is successful, you can likely recover compensation for all financial damages related to your accident as well as compensation for any pain or suffering you have experienced.
To schedule a free case assessment with the Brooklyn car accident lawyers of The Carrion Law Firm, call us now at (718) 841-0083.
How Common Are Car Accidents in Brooklyn?
New York City consistently ranks in the top cities for automobile accidents. Brooklyn leads all boroughs with the greatest percentage of car crashes.
The New York Police Department (NYPD) regularly updates its website with current information regarding accidents across all five boroughs. In September of 2023 alone, there were 2,822 auto accidents in Brooklyn. In those accidents, 1,545 victims were injured and five were killed. That is just for one month out of the year.
The NYPD also has an online traffic safety forum documenting the traffic incidents that happen throughout the city. In 2022, there were a staggering 28,553 reported collisions in Brooklyn. The NYPD also reports that there were 69 documented traffic fatalities in Brooklyn in 2022.
Car accidents are common across all metropolitan areas where there is a considerable concentration of pedestrians and bicyclists mixed with heavy car traffic. The traffic in Brooklyn, comprised of residents and commuters, can increase the likelihood of an accident occurring, injuring a victim.
Car Crashes that Lead to Injuries are Very Common in Brooklyn
Victims can often claim compensation for injuries in any case where they occur. Many common types of car accidents often result in moderate to severe injuries that often lead to lawsuits.
One of the most common types of car crashes that leads to surprisingly severe injuries is rear-end collisions. These crashes commonly involve whiplash injuries and other neck and back injuries that could actually become permanent issues for the victim. These crashes are often clear about who is at fault: the driver who rear-ended you. This lets you put forth a strong case against them.
Other common car accidents that lead to severe injuries include those caused by speeding, drunk driving, distracted driving, and tired driving. These causes are all some of the most common contributing causes in car crashes, and they share one thing in common: the driver’s reduced control over their car often means more serious injuries to the victim. Drivers often cannot stop or swerve, causing crashes to occur at higher speeds and leaving victims with more serious injuries to claim damages for. The drivers committing these kinds of traffic violations are usually at fault for the resulting crashes.
All types of collisions, including head-on crashes, rear-end accidents, side-impact crashes, and sideswipe accidents, can and do happen in Brooklyn. Bicyclists might be injured when drivers swerve into bike lanes or open doors without checking for bikers. Pedestrians might be struck when crossing the street or walking by the side of the road. Any of these types of accidents can lead to serious injuries for victims, entitling them to compensation.
What to Do After a Car Accident in Brooklyn
In the aftermath of an auto accident in Brooklyn, you may be dealing with serious injuries that greatly impact your quality of life. When filing an accident claim, there are certain things victims should keep in mind so that they have a greater chance of financial recovery.
Act Quickly
Being proactive is key to all car accident cases. In Brooklyn, victims have just three years to sue for compensation. The statute of limitations begins counting down the moment you become injured. If you wait too long to bring your case, you might miss the filing deadline. This will result in you being unable to recover compensation of any kind for your injuries.
Do not delay bringing your car accident case. When victims wait to file claims, it might be harder to establish causation and prove that their injuries were the result of another driver’s negligence. Furthermore, waiting to file can make it appear as though you are not committed to your recovery, jeopardizing your claim.
Compile Evidence
While car accident cases can be complex and overwhelming for victims, the process of gathering evidence can be relatively simple. Begin by providing our lawyers with any and all information about your case. Even if you think something is not pertinent, tell our lawyers. Furthermore, hand over any evidence you might have that could support your claim, including proof of damages. Give our attorneys all financial records regarding your losses so that we can accurately calculate the economic damages you deserve in your claim.
Other evidence collection efforts will be handled by our lawyers. We will search for photographs, witness statements, and surveillance camera footage that can strengthen your claim. The sooner you contact our team about your case, the sooner we can begin investigating.
Getting Witness Statements for Your Brooklyn Car Accident Claim
In accident cases, witness statements can be crucial evidence of a negligent party’s fault. Obtaining these statements takes concerted effort.
Victims can help by talking to eyewitnesses immediately after an accident takes place. If they confirm that they saw the crash happen and witnessed the other driver acting negligently, get their contact information. Then, give those details to our car accident lawyers. We can contact eyewitnesses and secure their statements. Such statements can be used during the course of insurance claims and lawsuits.
Other statements, such as those from experts, will also be important. Experts can provide an extra level of insight and expertise lacking from a case. Medical experts can explain the likely recovery of a victim and how their injuries are anticipated to impact their lives moving forward. If the defendant claims that an issue with their vehicle caused an accident, mechanical experts can review your case to confirm whether or not that is possible. Expert statements can legitimize a case in a very effective way.
Victims can also get statements from their loved ones. Testimony from close friends and family can help explain a victim’s quality of life following a crash in Brooklyn. Such statements can also increase the chances that a victim recovers sufficient non-economic damages in their case.
Keep Calm
Car accidents feel personal to victims because they have been injured. When negotiating or dealing with insurance companies or negligent drivers, victims might feel unheard or disrespected. The most important thing you can do in such moments is to remain calm. Allow our attorneys to handle such discussions. Do not speak to other involved parties alone, as doing so might put your case in jeopardy. Even if you feel as though another party is being rude or unfair, stay as relaxed as possible during all discussions with the opposing side.
How to Get Compensation for Car Accident Injuries in Brooklyn
New York’s insurance laws are often complex, and many drivers might not realize what kind of coverage they have and what limitations that puts on their ability to get compensation for car crash injuries.
Most drivers in Brooklyn are actually limited in how much they can claim through insurance after a crash because they have to use their personal injury protection (PIP) insurance coverage first. They can then reach into the at-fault driver’s coverage for damages if their injuries are severe enough. Many drivers also might not be aware that either insurance company might pay only a percentage of the medical bills and lost wages they face. Furthermore, damages for pain and suffering are usually blocked in insurance claims.
In order to get the full damages you need after an injury, you may need to file a lawsuit instead of handling your case through insurance. If you faced any injuries, your case is already more severe than most cases (which deal with property damage alone). That means it may go beyond the scope of what insurance can properly handle, and you should speak with our lawyers about getting compensation through a lawsuit.
In a lawsuit, you will often get to make a decision about whether to accept a settlement offer from the at-fault driver and their insurance company or whether to fight the case in court by going to trial. In either case, the damages may be higher than what you would have received in an insurance claim, and our attorneys can negotiate with the other side to prevent you from accepting an offer that is too low. If the settlement still will not cover your case in full, our lawyers can take your case to trial to fight to maximize your compensation.
Types of Compensation Available for Car Accident Injury Victims in Brooklyn
When you claim damages over your injuries, there are two main types of compensation: economic and non-economic damages.
Economic damages are meant to pay you back for expenses that the accident created, such as damage to your vehicle, hospital bills, lost wages, and other expenses. These damages are usually proved by producing bills and financial statements to show how much money you lost. Non-economic damages are paid to cover things that do not have a price tag, such as pain and suffering, mental harm, emotional distress, and other affects you face after an accident.
Calculating these damages can be difficult. In many cases, it is not as simple as adding up all the bills you have and picking how much to ask for in pain and suffering. Cases often involve future projected wages if the victim faces very serious injuries and can no longer work at the same level they used to work at. Non-economic damages are also heavily dependent on the facts of the case, so it is vital to talk to our lawyers about how to maximize these damages in your case and get the full value you deserve.
Other types of damages are sometimes available that do not compensate the victim but rather punish the defendant. You can talk to our lawyers about claiming punitive damages in seriously dangerous car accident cases, such as hit-and-runs or drunk driving cases, or in cases involving negligent trucking companies or commercial drivers.
Recovering Economic Damages
As mentioned, economic damages represent your monetary losses after a car crash. In most cases, the most significant financial losses are the expenses for medical treatment and lost wages.
If you are permanently disabled, you should be able to recover the income you would have earned if you were not hurt in a car crash. Our lawyers will gather evidence, such as statements, bills, receipts, pay stubs, and tax returns to calculate your economic damages.
We will then submit such records as evidence in your case. Providing proof of damages is essential. Without proof of your financial losses, there is no reason for a negligent driver to compensate you. Economic damages are awarded based on the proof of damages a victim can provide.
Recovering Non-Economic Damages
Not every harm is financial. Accident victims suffer mental anxiety, emotional distress, and physical pain due to their injuries and the traumatic experience. You are also entitled to receive compensation for these types of subjective injuries. While more difficult to calculate and prove, non-economic damages can be a substantial portion of your total damages.
Our attorneys will calculate non-economic damages using either the per diem method or the multiplier method. The per diem method involves assigning a dollar amount to every day that you are disabled and your life is disrupted because of injuries sustained in an auto accident. The multiplier method involves choosing a multiplier, usually a number between 1.5 and 5, and applying that multiplier to a victim’s economic damages. So, if your economic damages add up to $50,000, and the multiplier chosen to calculate non-economic damages is 2, then we would estimate your non-economic damages to be $100,000. Multipliers are typically chosen based on the severity of a victim’s injuries.
Recovering non-economic damages is challenging, as they do not come with a price tag we can refer to. Because of this, it is important for victims to build evidence of their pain and suffering. This can be done by speaking with a therapist following an accident or confiding in close friends and family. Victims can also provide personal statements explaining the emotional and mental challenges they have faced in the aftermath of an auto accident in Brooklyn.
What is the Average Personal Injury Claim Worth if I’ve Been Injured in a Brooklyn Car Accident?
Unfortunately, there is no one-size-fits-all answer to determine what would be an “average” personal injury claim. Because each case is different, so is the necessary compensation for each victim.
The severity of your injury will play a significant role in your medical bills, recovery, and expenses. The settlement for a broken arm would be substantially lower than an award if you were paralyzed due to a spinal injury.
Who caused the crash will also impact a settlement award. In New York, your potential damages may be reduced by your percentage of fault. Therefore, if you were mostly to blame for an accident, even a large financial award would be drastically reduced.
The insurance an at-fault driver has will also impact your settlement. Policy limits will govern how much an insurance company is willing to and can payout. While you could sue the driver personally, it is unlikely that you will see any monetary gain. The best thing you could do to maximize your potential settlement is to work with our experienced attorneys who have handled a wide range of car crash injury cases.
Who Can Sue for Car Accident in Brooklyn?
If you are hurt in a motor vehicle accident in Brooklyn, the options available to obtain compensation depend on the severity of your injuries and who caused the accident.
First, New York is a no-fault state. This means that your economic damages are covered by your insurance, no matter who caused the accident. It is important to note that this does not cover non-economic damages, such as pain and suffering. You must have suffered a severe injury to pursue a personal injury lawsuit against another driver and their insurance provider.
According to I.S.C. Law § 5102(d), a severe injured is defined as death, dismemberment, broken bones, loss of a fetus, permanent loss of a limb, member, organ, function, or system, permanent limitation of an organ or member, significant disfigurement, or significant limitation of your body system or function that prohibits you from engaging in your normal activities for 90 days of the first 180 days following an accident.
Because no-fault laws apply to car accidents in Brooklyn, it is crucial that victims get ahead of such possible roadblocks to compensation. Our car accident lawyers will review your medical records and source statements from medical experts, if necessary, to show that you meet the serious injury threshold for filing a car crash lawsuit in Brooklyn. If you do not do this, you might be left with a settlement from your PIP insurance that does not adequately compensate you for all of your losses, most notably your pain and suffering.
Settling a Car Accident Case vs. Taking a Car Accident Case to Trial in Brooklyn
In most car accident lawsuits, plaintiffs will have to choose between settling early or taking their cases to trial. There are many potential benefits to reaching a settlement agreement. For example, parties who settle early can save on several expenses associated with going to trial. Plaintiffs who take their cases to trial may have to pay extra attorney’s fees, expert witness fees, and administrative costs. Further, those who settle early may recover payment more quickly.
Unfortunately, a great number of settlement offers do not reflect the true value of plaintiffs’ claims. Defendants and their insurance companies usually attempt to settle cases for as cheaply as they can. By going to trial, plaintiffs may recover the full amount of compensation they deserve. However, those who go to trial risk receiving nothing if their cases are unsuccessful. Our experienced Brooklyn car accident lawyers can help victims evaluate settlement offers, so they can decide if going to trial is the right decision for them.
How Do You Prove Fault in a Brooklyn Auto Accident?
To prove fault after a collision in Brooklyn, an injured plaintiff must establish that a duty of care existed, the defendant breached that duty, the breach caused the injury, and the plaintiff suffered harm. But how do you do this?
The first thing to do is contact our lawyers as soon as possible. Our office will send a team of investigators out to examine the crash site, walking the roadways while examining the road conditions and other factors that could have contributed to the accident. We will also thoroughly examine the damaged vehicles. Many vehicles maintain data that tell us how fast the car was traveling and when the brakes were applied. All of this helps an accident reconstructionist determine the chain of events leading up to the accident.
We will review the police report and witness testimony. In most accident cases, we will question witnesses further to see if the statements they gave the police were complete. Local businesses or homeowners might have video surveillance that captured the crash. If you hesitate to contact our lawyers, this vital evidence could be lost. Our office will send a preservation letter to ensure any video evidence is not erased.
Your doctors and other healthcare providers will provide critical evidence and documentation regarding your injuries, including their severity and your prognosis. Medical evidence is necessary to link your injuries to the crash.
What is the “Pure Comparative Fault” System in Brooklyn, New York?
Every state and jurisdiction follows one of three types of comparative fault systems in car accident and personal injury cases. New York applies the most forgiving of the three.
Under a “pure comparative fault” system, an accident victim in Brooklyn can recover damages even if they were 99% at fault for the accident. However, their potential award will be reduced by their percentage of the blame.
For example, if a driver was hit by a drunk driver but was texting at the time of the crash, both parties might share a proportion of fault. A jury will be tasked with two questions. First, they will have to assign a monetary amount that represents the injured driver’s total damages. Next, they will be asked to assign a percentage of blame for the accident.
If the injured plaintiff, in this case, was awarded $100,000 in damages but the jury found that the texting contributed 60% to the accident, the award would be reduced to $40,000. While many jurisdictions apply a modified comparative negligence rule that prohibits injured victims from receiving compensation if they are found to be more than 50% to blame, New York is not one of them.
Statute of Limitations for Brooklyn Car Accident Lawsuits
According to C.V.P. Law § 214, most car accident victims will have three years from the dates of their accidents to bring their car accident lawsuits to court. However, victims should get in touch with our Brooklyn attorneys for a car accident referral as soon as possible after their crashes. Copious amounts of evidence may be required in order to support a plaintiff’s claim. The sooner our attorneys are contacted, the more easily we can gather and preserve the evidence needed to win a case.
Car Accident Case Referrals in Kings County
There are two main scenarios that can arise requiring a lawyer to refer a Brooklyn car accident case. Our Brooklyn attorneys for a car accident referral can help attorneys when making either of the following types of referrals:
Referrals from Attorneys in Other Practice Areas
Most attorneys focus on specific areas of law. If a lawyer in another field is contacted by a car accident victim, they may not be prepared to offer adequate representation. Accordingly, lawyers in other fields can ease their stress by referring car crash victims to our experienced Brooklyn car accident lawyers. Our team will fight for fair compensation in every case.
Referrals from Out-of-State Attorneys
Additionally, our Brooklyn car accident lawyers can accept referrals from lawyers in other states. Car accident cases typically should be filed in the jurisdictions where the crashes occurred. Out-of-state lawyers can contact our attorneys for help with cases stemming from car accidents that occurred in Brooklyn.
Call Our Brooklyn Car Accident Lawyers for Your Free Legal Consultation
Call The Carrion Law Firm’s car accident lawyers at (718) 841-0083 to set up a free case assessment today.