After you have been injured in a car accident, it may seem like there is no light at the end of the tunnel, as you are unable to enjoy the things in life that you were previously able to, the medical bills pile up, and perhaps you can’t return to work. But, there is hope. Our White Plains car accident lawyers have helped thousands of car accident victims recover after their lives were drastically changed in an instant.
At Lever & Ecker, PLLC, our car accident lawyers in White Plains understand how devastating an impact a car accident can have not only on the victim, but also the victim’s family. Our law firm has more than sixty years of combined legal experience helping victims recover damages for what was lost. Our law firm offers free consultations to discuss the facts and to answer questions. If you or a loved one are in need of a highly reputable and experienced car accident attorney, our law offices are here to help.
If you were injured in a collision that was caused by another driver who acted negligently, there is a good chance that you have a case.
Negligence means that another driver failed to act in a way that a reasonably prudent person would have in the same circumstances. There are any number of things that could cause an accident, such as texting, eating, making an illegal turn, tailgating, or simple inattention.
Yes, New York is a “no-fault” state. However, this does not prevent an injured person from pursuing legal action against another driver who is responsible for those injuries. The New York No-Fault Law requires all automobile insurance policies to provide coverage for reimbursement of medical expenses, loss of income and other incidental non-medical expenses to any individual who sustains personal injuries arising from the use and/or operation of a motor vehicle, regardless of fault. This coverage is provided by the insurance company of the vehicle that was either occupied by the injured party or when struck as a pedestrian. The minimum amount of coverage required by New York law is $50,000 per injured person, but oftentimes the insurance policy will provide a greater amount of coverage, if additional coverage was procured.
When a car accident victim has been seriously injured through the negligence of another driver, New York law allows them to pursue a lawsuit directly against the at-fault driver. Victims can pursue legal action for personal injury against the other driver if they suffered any of the following “serious injuries,” as defined under Section 5102 of the Insurance Law of the State of New York:
In some cases, the insurance may be enough to cover your medical expenses. But if you or a loved one has been severely injured, it is likely that the costs of treatment will be much more than your policy provides. For example, the minimum insurance limits required by the state of New York are $10,000 for property damage and $25,000 for bodily injury per person/ $50,000 per accident.
These amounts may seem like a lot until you find out that the average cost to treat a mild traumatic brain injury in the first year is $85,000. If the brain injury is severe, the average cost goes up to $3,000,000. And that’s just one injury. Victims frequently suffer more than one kind of injury during a car accident.
In some cases, both drivers can be found at fault for the car accident. This doesn’t mean that you can’t pursue legal action. It does, however, mean that the court will apply the concept of comparative negligence.
Comparative negligence means that any settlement or verdict that is obtained for you will be adjusted by the percentage that you are found to be at fault by the judge or jury for the accident. For example, if it is determined that the accident was 40% your fault and you are awarded $1 million, then your final award will be $600,000 ($1 million reduced by 40%).
Consulting with a White Plains car accident attorney about your case may be the only way that you will recover fully for all of your losses. Car accident law can be very complex, and our team will handle all of the legal work, including filing the lawsuit against the at-fault driver and representing your interests in the litigation. Insurance companies are notoriously difficult to deal with, and you should focus on healing and putting the pieces of your life back together, not arguing and stressing over the lawsuit.
When you make the decision to work with our firm, you can expect that we will be there for you through every step of the process We will investigate and examine all of the details of your accident, including the police report, video/surveillance footage, photographs, witness statements and any other evidence.
From there, we will explain to you every available legal option, and advise you as to the best options for you and your family. After that, we will do everything within our power to fight for the proper resolution of your case, through either a verdict or a fair settlement that will help you and your family get back, as close as possible, to the life you enjoyed before the accident.
Our White Plains car accident attorneys are available to answer any questions you might have regarding your crash, the process of filing a complaint, or our firm. Contact us today or call us at (914) 288-9191 or (718) 933-3632.
If an insurance company contacts you after a car accident, you have no legal obligation to disclose information to their representatives. Most often, insurance companies are not looking out for your best interests, and they will look to use anything you say to them against you. It is particularly important to avoid speaking with another party’s insurance adjuster, and to allow your personal injury attorney to speak with them.
Under New York law, rear drivers are generally presumed to be at fault for rear-end collisions. This is because, most often, they are at fault. However, rear drivers are not automatically at fault for a collision, and with evidence, they may be able to challenge their liability. An experienced car accident attorney can help you prove fault in your case and ensure that your rights are being protected throughout the legal process.
New York’s negligence statute of limitations requires most car accident cases to be filed within three years of the date of the accident (with much shorter deadlines when the matter involves a municipality or public authority). In cases of wrongful death, most claims must be filed within just two years of the date of your loved one’s death.
Additionally, in New York, the deadline to file your application for no-fault benefits is just 30 days following your car accident. Therefore, you will need to speak with a car accident attorney to file your claim as soon as possible. Any attempt to file a claim outside of these limits will likely hurt your claims or make your case completely ineligible for compensation recovery.
You are not legally obligated to speak with any insurance adjusters after a car accident, and it’s probably best to avoid doing so until you have had the chance to speak with an attorney. Anything you say to an insurance adjuster after a car accident could be used against your claim, so it is advisable to avoid speaking with insurance adjusters.
After seeking medical treatment, make sure that all of your medical bills are billed to your health insurance company. If you do not have health insurance, do not let that stop you from seeking medical treatment. Many medical providers will be willing to work out a payment plan for your treatments. Afterward, contact a personal injury attorney about recovering compensation for any medical bills you have accrued from your car accident.