When a person experiences a car accident, the last thing they want to deal with is the complex legal and insurance issues that soon follow. It’s critical for individuals to protect their rights in this situation. A person will want to have all of their accident-related medical costs, damages and any other expenses associated with the accident paid. A New York car accident attorney will have the training and experience to make this happen and help get the compensation that’s deserved under New York Law.
At Lever & Ecker, PLLC our Westchester car accident attorneys have more than five decades of combined experience. We specialize in helping auto accident victims in the State of New York recover what was lost as a cause of driver negligence resulting from a car accident. We understand the complexities associated with navigating car accident cases and have the legal insight, research experience, and expertise required to help navigate a car accident case. For a free consultation to discuss what happened in your particular case contact us via our online contact form.
After a car accident, the victim has one chance to get it right. The legal world is filled with critical procedures that must be followed and documents that have to be correctly filed. The appropriate medical treatment must also be received. If an injury is not properly documented, witnesses are not correctly interviewed, important photographs not taken; then a person’s case can become much more difficult. Missed opportunities can cause problems when trying to recover damages for injuries resulting from auto accidents and in some cases, they are lost forever. Hiring a car accident lawyer will provide you with a variety of services that are geared towards recovering the maximum amount of compensation for you and your family, including:
After compiling enough evidence to establish a solid car accident claim, your attorney will aggressively negotiate with the auto insurance company representatives. If a full and fair settlement cannot be agreed upon, then you will have a legal advocate to present a persuasive case on your behalf in court.
In New York, not every car accident victim is entitled to file a personal injury lawsuit. This is due to the state’s “Serious Injury” threshold. In order to pursue further compensation than what is covered by your insurance coverage, your injury must qualify as a “serious injury,” and be objectively verified by diagnostic testing. Under New York Insurance Law Section 5102(d), those categories are as follows:
One of the biggest questions you may have when it comes to your car accident claim is how much compensation can you recover. If you have the ability to file a third-party claim, the three most common types of damages that can be pursued are:
This amount will depend on the severity of your injuries and can include costs such as hospitalizations, surgeries, doctor visits, in-home services and care, medical accessories, etc.
Your injuries may prevent you from working and may diminish your ability to return to your occupation in the future. When that is the case, you may be able to recover for loss of wages. The court will look at a myriad of factors, including your age, occupation, experience, and life expectancy.
These are non-economic damages that cannot be exactly calculated, such as mental distress and anguish caused by the accident. When motor vehicle accidents involve egregious misconduct, such as drunk driving, punitive damages may be awarded as a form of punishment for the at-fault party. The amount of total damages awarded to a victim reflects the estimated cost of the pain and suffering that has occurred. Experienced auto accident attorneys can review the facts of your claim to give you an estimate of its value.
When a person has a car accident, it is important that they do not wait to seek compensation. New York does have laws that limit the time an injured person can receive compensation. This only applies to seeking legal remedies and not filing insurance claims. In New York, a person has three years to bring a lawsuit concerning a motor vehicle accident. A person only has 30 days to file a No-Fault insurance claim. An employer must be notified within 30 days of the accident for a person to qualify for Worker’s Compensation. There are some exceptions and a Westchester car accident lawyer would know them.
There may come a time when a person’s insurance is not enough to cover the damages that they have incurred. Not all insurance companies are willing to give their policyholders everything they deserve. They may negotiate in bad faith. When this happens, it is time to seek legal remedies. At Lever & Ecker, PLLC, our legal team of experienced Westchester county car accident lawyers are dedicated to helping you recover damages from an automobile accident. We understand that a serious car, truck, bike, motorcycle, or pedestrian accident can leave you with severe injuries, extensive medical bills, lost wages, permanent disabilities, and chronic pain. We will aggressively pursue your case to the fullest extent necessary to get you the compensation that you deserve for your losses. Though we often settle cases out of court in order to minimize the additional trauma that you and your family may suffer, our experienced, confident accident attorneys are always prepared to go to trial when necessary. To schedule a free consultation with our experienced New York auto accident attorneys, contact us via our online form, or by phone, at (914) 288-9191. Our Westchester car accident injury lawyers have handled a diverse number of traffic accident and motor vehicle accident and injury cases, including:
We offer our Spanish-speaking clients bilingual legal representation. We never collect a fee unless you successfully win compensation for your injury. Lever & Ecker, PLLC is located in White Plains, New York, and serves clients throughout the state, including New York City’s five boroughs (Bronx, Brooklyn, Queens, Manhattan, and Staten Island) as well as Westchester County, Rockland County, and Long Island. Additional Cities: White Plains, Yonkers, Port Chester, Scarsdale, New Rochelle, Peekskill, Rye, Mount Kisco, Bedford, Eastchester, Mount Vernon, Mount Pleasant, Pelham, Ossining, Greenburgh, New City, Spring Valley, Pearl River. Additional Counties: Orange County, Dutchess County, Putnam County.