Injuries from motor vehicle accidents are often devastating and affect the quality of your life. It can take months or years to heal, or you may have a debilitating outcome. Victims frequently deal with a significant loss of income and medical expenses that make healing difficult and daily activities overwhelming.
Accident data from 2020 shows that Suffolk County reported 32,154 car accidents, the most in the state of New York. Residents need Commack personal injury attorneys to protect their rights and get justice when injured due to the neglectful actions of another driver.
Personal injury cases are often complicated legal matters that require the help of experienced law firms. You need skilled representation when an auto accident changes your life.
Settling an auto accident claim can be a time-consuming and frustrating process. Laws regarding injury claims vary by state, and there are local traffic safety laws to consider.
It is important to look for a lawyer with experience handling auto accident cases within a specific jurisdiction.
A capable car accident attorney in your area:
Car accident attorneys in Commack NY review your case to see whether the facts support your claim. If a claim is not settled with an insurance company, you need to be certain you have a strong case before filing a lawsuit.
Personal injury law sets a high threshold for showing how your injuries resulted from another person’s negligence. These are critical factors you must prove.
Duty in a personal injury case is the reasonable amount of care expected of an individual in a particular circumstance. It is a realistic expectation that a driver acts responsibly and operates a motor vehicle according to traffic safety laws. You need to show that a driver owed you a duty of care to pay attention and meet the requirements of other drivers in the same situation.
Breach is when a person fails to exercise a duty of care. To establish a breach, you need to show that a person acted negligently even while knowing what’s expected in a particular situation. For example, a driver should know that speeding or acting recklessly while driving puts other people in danger.
Causation is making a direct connection between the other driver’s actions and your injuries. This is a critical part of proving your case. You must establish that failure to provide a duty of care was the reason for your injury.
Damage is the harm you sustained as the result of an accident. If you were not injured in an accident, you have no claim. You need to show physical injury occurred and support it with substantive evidence.
Your attorney understands these critical factors well and knows whether your case holds up under the law. Therefore, it is essential to have an initial case review before proceeding with a claim.
You need objective legal counsel when dealing with an accident claim. Emotions often run high when speaking with insurance company representatives or a defendant’s law team. It frequently works to the other side’s advantage if you get frustrated and make statements in the heat of the moment.
It is best to avoid speaking with anyone before talking with an attorney. A Commack auto accident lawyer communicates with other parties for you. While auto accident cases are devastating events for victims, the legal side of settling a case requires presenting the facts at hand and sticking to them.
As a car accident victim in New York, you need to know your rights and how laws can affect your claim. A knowledgeable attorney uses the legal system to get you the best outcome possible in a damage recovery.
It is important to understand that New York is a no-fault state for car insurance coverage. When hurt in a car accident, no matter who is at fault, you typically file a claim with your own insurance company to receive compensation for losses related to the crash.
The no-fault rule makes the process of getting medical treatment easier following an accident.
In order to file a personal injury lawsuit in New York, there are specific criteria to determine if an injury is serious enough to warrant a suit against the at-fault party. These are the criteria for a serious injury:
New York also has a pure comparative negligence rule, which allows a claimant who may be mostly responsible for their injuries in an accident to still seek a financial recovery. How does this work? You receive compensatory damages reduced by the percentage of fault your bear.
If you receive $50,000 in damages and are 50% responsible for your injuries, your total award is $25,000. Your attorney walks you through complicated personal injury claim issues and works to get fair compensation.
Trying to work with an insurance company after an accident feels like an uphill climb. When you need time to heal, battling over insurance issues compounds an already tough situation. It is essential to have a car accident lawyer in Commack NY, support you throughout the claims process.
Almost 96% of personal injury claims settle out of court. The assistance of a skilled and knowledgeable lawyer is necessary to hold others accountable.
While reaching a settlement can take time, your attorney knows how to push the process along. When you cannot work and bills pile up, getting a fair settlement in a reasonable time period is an urgent concern.
Getting a damage recovery for an injury claim can be an arduous task. Without a lawyer to represent you, an insurance company typically gives a lowball settlement offer or tries to delay or dismiss the claim. Another party’s insurance company is not concerned with your injuries, except to diminish the viability of your claim.
Your lawyer understands how much an auto accident affects every part of your life. Aside from physical injuries, emotional trauma has many detrimental effects on a person.
It is essential to consider all the harm an accident causes and what are the implications for your future. A Commack car accident lawyer uses this critical information to calculate the amount of damages that you can pursue by law.
These are factors to consider in determining compensation:
Another important factor to consider for damage recovery is emotional trauma. Accident trauma is a real and lasting condition for individuals involved in a serious car accident.
If the condition persists for more than several months, it can result in acute post-traumatic stress disorder. You need fair compensation when your emotional and psychological well-being suffers due to the negligent actions of another person.
Sometimes it is impossible to reach a settlement with an insurance company. This situation generally occurs when an adjuster believes there is insufficient evidence to establish fault. Also, if you have pre-existing injuries, an insurer may try to use this information to dodge paying a claim.
Unfortunately, insurance companies use all sorts of tactics to shift the blame and avoid responsibility, even when the facts are clear. When a settlement is unreachable, your lawyer may advise you to file a personal injury lawsuit.
Here’s how a Commack car accident lawyer gets your case ready for trial:
Due to the complexities of car accident law, lawsuits can drag on for months or longer. Choose a personal injury attorney who supports and listens to you throughout the court process.
Get in touch with Accident Help Line New York to learn what your rights are regarding your New York car accident issues. There are crucial decisions to make that you don’t want to handle alone. Stop the calls from insurance companies pressuring you to make a fast settlement by working with diligent car accident representation in Commack NY.
Commack residents need an experienced personal injury lawyer to guide them through the legal process. Accident victims must get the medical treatment necessary to heal and reclaim their lives.
Our law firm has been helping the injured recover maximum compensation for over 33 years in car accident cases, truck accidents, construction accidents, medical malpractice cases, and other personal injury matters.
Call us at tel:(631)424-6850, or contact us online for a free consultation on your car accident needs or legal issue.