Long Island Car Accident Lawyer
The cost of a car accident can often leave victims with expensive medical bills, extensive vehicle repairs, and trouble returning to work. If you cannot work to support yourself and your family, you may be unable to cover these expenses and could face an economic hole you do not deserve to be in.
If someone else caused your crash, there is no reason you should be saddled with the expenses. Call The Carrion Law Firm today to speak with our Long Island car accident lawyers about the compensation you can claim. Our attorneys can help you file a claim with the insurance companies or the courts to get you the damages you deserve. Call (718) 841-0083 today to talk to our attorneys and schedule a free legal consultation.
Filing a Claim for Car Accident Injuries in Long Island
If the car accident in which you were injured involved another driver, you may be kept from filing a claim against them unless you meet certain criteria first. New York’s insurance laws create a no-fault system where each driver’s insurance covers their own damages. This means that you can usually get compensation in some way, but if your injuries do not meet certain criteria and your damages do not meet certain levels, you may have to file a claim with your own insurance company.
Our Long Island car accident lawyers can analyze your case and see if it meets the right standards – which it usually will if your injuries are bad enough to get you to the point of looking for a lawyer. At that point, we can file a claim against the driver’s insurance and negotiate the case using our experience to help you get the damages you need.
Should I Settle a Car Accident Case or Go to Trial in Long Island?
If your negotiations with the insurance company do not get you the damages you need, then you should speak with a lawyer to discuss options for more aggressive negotiations and the alternative of taking your case to court to get compensation. Often, filing a lawsuit can put pressure on the insurance company to pay you the damages you need rather than facing the extra costs of going to trial.
When you try to settle your Long Island car accident case through the insurance companies, the damages you are offered might not cover your full damages. Usually, insurance companies will try to keep settlements low, and they may offer to cover only a certain percentage of damages for medical bills and lost wages.
When you go to court instead of relying on a lawsuit, you may be able to claim the full value of these economic damages. In addition, you could be entitled to claim compensation for pain and suffering and other “non-economic” damages. This could increase the overall payout in your case simply by going through the courts instead of an insurance claim.
Ultimately, whether you settle your case by accepting an insurance payout or by negotiating an out-of-court settlement with the other driver and their insurance company, the damages may be reduced. This reduction could account for the money you save by skipping the expenses and extra legal fees necessary to go to trial, and the trade-off may be worth it. Our attorneys can help you understand whether settlement negotiations have been fair and whether the case has reached a fair settlement. If not, we can help you understand the option of taking your case before a judge and jury at trial.
Determining Fault in Long Island Car Crash Cases
If you are going to file a car accident case against the other driver, it will be up to you and your lawyer to prove that they were at fault before a court or an insurance company will be willing to issue damages. The law looks at a few elements to determine who is at fault, and it is important for you to prove each of these elements in your case.
The court will need to see evidence of some legal duty that a driver owed you before they can hold them accountable. Typically, the traffic code fills in these duties, and any traffic violations such as speeding, drunk driving, or texting while driving could be considered breaches. Once the breach of duty is shown, you have to prove that the driver’s mistake was what actually caused your crash.
Defendants in car accident claims usually try to reverse the blame and say that you were actually the one who was at fault, not them. When that happens, the court can analyze fault by assigning a percentage of blame to each driver in the accident. If the court finds that you were indeed partly at fault, that does not stop you from being able to get compensation. Instead, it only reduces your damages so that the defendant only pays for their share. For example, the court could find the defendant 80% liable for $100,000 in damages, and they would pay you $80,000 in damages (you would essentially pay for the other $20,000 yourself or through your insurance company).
Lastly, you need to prove what damages you faced – injuries, lost wages, medical expenses, therapy bills, mental anguish, etc. – and how much they cost. Your lawyer can help you calculate damages.
Call Our Long Island Car Accident Lawyers to Set Up A Free Case Consultation
The New York City car accident lawyers at The Carrion Law Firm may be able to take your case and represent you in claims against insurance companies and at-fault drivers. For help filing a lawsuit or an insurance claim, call us today at (718) 841-0083 for your free legal case consultation.