New York's skyline, landmarks, and amusement parks make it a wonderful place to live or visit. It can be dangerous to drive anywhere in New York. According to the New York State DMV, there are approximately 200,000 car accidents each year in this area, which results in over 250,000 injuries and 3600 deaths. In Kings County, there were an average of over 20,000 car accidents each year. There were 12,093 injuries to car accident victims and 1,098 deaths.
Car accident victims and their families can be severely injured. Accident victims can experience financial hardship, mental anguish, and loss of income, in addition to physical pain. For them and their families, the suffering, physical limitations, and other losses can be extremely stressful and difficult.
You or a loved one may feel overwhelmed by the consequences of a car accident injury. Brandon J. Broderick, a trusted Brooklyn car accident lawyer, wants you to know that you don't have all the problems alone. We have assisted hundreds of victims of car accidents across the state. We want to help you hold negligent parties responsible and get the financial compensation that you deserve.
This website will provide information about the process and criteria for filing a New York car accident lawsuit. We will discuss the benefits of hiring an experienced lawyer to represent you in car accident cases. We will also answer questions that car accident victims and their families often ask about New York car accidents.
WHEN CAN I FILE A CAR ACCIDENT LAWSUIT IN NEW YORK?
Any combination of circumstances can cause a car accident. However, the National Highway Traffic Safety Administration, (NHTSA) states that drivers are the main cause of car accidents, particularly those who drive recklessly. The following are examples of risky driving:
- Distracted Driving - More than 3,000 people are killed each year.
- Drowsy Driving - is responsible for around 700 deaths per year.Speeding - is responsible for nearly 9,500 deaths annually
- Drunk Driving - is responsible for over 10,000 deaths each year.
- Drug-impaired Driving - more than half of seriously injured accident drivers are drug-impaired.
You may be eligible to sue for damages if you are injured in a car accident in which another driver was negligent or reckless. Personal injury cases in New York are based on negligence. This means that you must be able to establish the following elements to prove your claim for damages:
- The other driver owed you a duty of reasonable care.
- The driver breached this duty.
- The driver’s breach of duty caused your injuries.
- You suffered damages because of your injuries. (The damages can be both economic, including lost income or medical expenses, and non-economic, as in pain, suffering, and mental anguish.)
DO I NEED A LAWYER TO HELP ME FILE A NEW YORK CAR ACCIDENT LAWSUIT IN BROOKLYN?
You have the right to sue any driver who caused you to be seriously hurt in a Brooklyn car accident. A Brooklyn car accident lawyer can help you with your case. They are skilled negotiators and litigators who have experience in handling various types of injury cases.
Brandon J. Broderick's car accident lawyers can answer all your questions regarding the New York process for filing a car accident lawsuit. They will also advise you on the best course of action, and manage the case expertly so that you can concentrate on taking care of your family and yourself. We will:
- Assess the circumstances surrounding your accident to determine if you are entitled to file a lawsuit against another party.
- We will advise you whether it is in your best interests to file a personal injury case or an insurance claim.
- Protect your rights under of law of New York State
- Negotiate with attorneys and representatives of insurance companies on your behalf.
- Gather all evidence that can be used to prove negligence by the at-fault driver.
- Gather evidence to prove the fair value of your damages (emotional distress, physical pain, and financial losses) to support your compensation claim.
- Discuss with you whether or not you should accept a settlement that is based on the fair and full compensation you are due.
- If necessary, fight hard to win in court to get the fair and full compensation you deserve.
- Answer all your questions and keep you informed about progress throughout the process.
Contact the Brandon J. Broderick law office at (877) 223-5098 for specific information or complete the FREE CASE EVALUATION Form on our website to speak with an experienced New York auto accident lawyer. Consultations are completely free and you don't pay anything unless we win your case.
OTHER FREQUENTLY ASKED QUESTIONS ABOUT CAR ACCIDENT LAWSUITS IN BROOKLYN
You or a loved one has been hurt in a Brooklyn car accident. There are many questions about insurance, medical care, and how to obtain the financial compensation you deserve. We have put together a list of frequently asked questions about car accident lawsuits based on our many years of experience in helping injured clients. While we recommend that you contact us for advice and answers specific to your case, the following questions can be helpful guidelines and general information.
What are my rights if I am injured in a car accident?
What does PIP insurance cover?
Who can be held liable for my Brooklyn car accident injury?
What damages can I claim in a New York Car Accident Lawsuit?
What Compensation can I get from a New York Car Accident Lawsuit?
How should I handle the insurance adjuster?
Do I accept the Settlement Offer from the Insurance Company?
Can I sue in New York if I was partially at fault for the car accident?
Do I need a Brooklyn Car Accident Lawyer?
What should I look for in a Car Accident Lawyer?
What is the cost of hiring a Brooklyn Car Accident Lawyer?
CAN I SUE FOR CAR ACCIDENT INJURY DAMAGES IN NEW YORK?
If you have suffered severe injuries, permanent in nature, scarring, disfigurement or loss of vital bodily functions, the New York Motor Vehicle Law doesn't preclude you from filing a lawsuit for compensation. The following are examples of serious injuries that could be considered under New York law:
- Injuries to the neck and back: A collision can cause damage to the discs in your neck and back. You may notice the damage immediately, or it may become worse over time. This may require extensive medical treatment.
- Brain injuries: Car collisions can lead to serious and permanent brain injuries.
- Broken bones: A broken bone can cause pain, impair bodily function, require surgery, or cause chronic health problems.
- Loss of limbs: Arms and legs can be severed or torn in catastrophic collisions.
- Spinal cord injuries: They can cause permanent disability, leading to loss of sensation and function.
- Burns: A crash can cause a fire. These burns can cause disfigurement, scarring, pain, and/or loss of bodily functions. Long-term medical treatment may be required.
In many cases, a lawsuit may be necessary to receive the compensation you need for ongoing medical expenses, lost earnings, pain, and suffering, as well as other damages. A New York attorney who is experienced in car accidents can evaluate your case and determine if you are eligible to file this type of lawsuit.
WHAT DOES PIP INSURANCE COVER?
New York law requires motor vehicle owners to carry a minimum of $50,000 in Personal Injury Protection. PIP insurance covers reasonable and necessary medical expenses such as hospital costs, physical and occupational therapy, rehabilitation care, and medical treatment.
WHO CAN BE HELD LIABLE FOR MY BROOKLYN CAR ACCIDENT INJURY?
Negligence is the basis of liability for car accidents. In a case involving car accidents, the negligent party or parties can be held responsible for any damages. Drivers are usually found negligent when they violate traffic laws such as speeding, failing to yield the right of way, not stopping at traffic lights, impaired driving, and causing an accident. If defective parts are involved in an accident, then the mechanic, manufacturer, or parts manufacturer can be held responsible.
You could also be partially responsible if you did something that could have caused the accident (e.g., speeding or distracted driving). However, you can still sue to get compensation if the other party was less negligent.
WHAT DAMAGES CAN I CLAIM IN A NEW YORK CAR ACCIDENT LAWSUIT?
Your medical history, your prognosis, and your healthcare needs, as well as the impact of these elements on your mental and family health, will all affect the number of damages you are entitled to. An experienced Brandon J. Broderick Brooklyn attorney can help you determine the damages to which your rights may be. However, those who have been seriously hurt in a car accident may be eligible for compensation for both economic and non-economic damages including:
Future and existing medical and care costs, including hospital stays, surgery, medication, diagnostic tests, and office visits, as well as assistive devices and equipment and rehabilitation therapies, transportation to medical facilities, and transportation to them.
- Property damage
- Loss of wages and other income
- Reduced earning capacity
- Pain and suffering
- Mental anguish
- Scarring, disfigurement, or physical impairment
- Reduced ability to enjoy life
- Your loss to your family of guidance, assistance, and companionship
- Other damages that can be recovered under New York law
WHAT SETTLEMENT CAN I GET FROM A NEW YORK CAR ACCIDENT LAWSUIT?
The circumstances of each case will determine the amount of compensation that you are entitled to from a New York car crash lawsuit. A Brandon J. Broderick Brooklyn car crash attorney will evaluate your injuries, medical expenses, treatment needs, and the future effects of your injury on your mental health, income, and family life. Then, he or she will give you a fair amount of compensation.
Our lawyers have assisted injured clients to obtain multi-million-dollar awards. They will use their success to help you get the fair and full compensation you deserve.
HOW DO I MANAGE THE INSURANCE ADJUSTER?
After a car accident, your insurance company will contact you to inquire about the accident and any injuries. Although it may seem like a harmless conversation, it could be harmful to your case to speak with them. They could use this information to prove that you were negligent or partially responsible for the accident or that your injuries are minimal. Any information that you give an adjuster or another representative of an insurance company can be used to reduce or deny your payment.
It can be very beneficial to have an experienced lawyer handle communication with the insurance company of the other party. It is possible to tell the insurance company representatives that your lawyer will contact them. This will allow you to relax about what you say and don't. Your New York car accident lawyer will know the tricks insurance companies use to deny and undervalue claims. He or she will negotiate aggressively to get you maximum compensation.
SHOULD I ACCEPT THE INSURANCE COMPANY’S SETTLEMENT OFFER?
New Yorkers who are injured in car accidents feel pressured by insurance companies to accept their settlement offer. Even if it's too low to cover their medical costs. Insurance companies sometimes need more information to make fair offers and will often pay as little as they can.
An experienced Brooklyn attorney can help you in this situation. Brandon J. Broderick's lawyers have the experience and knowledge to negotiate with insurance companies to get as low a settlement as possible. We won't back down until we have a fair offer to cover all your damages. If the insurance company refuses to offer a fair amount, we will be ready to take them to court to get a fair award.
CAN I SUE IN NEW YORK IF I WAS PARTIALLY AT FAULT FOR THE CAR ACCIDENT?
Under New York's comparative fault law, you can still file a claim against another driver, even if you were partially at fault for the accident. New York is considered a “pure comparative fault” state, which means that you can still file a claim against a negligent party no matter how much at fault you were.
An attorney in Brooklyn at Brandon J. Broderick will diligently gather evidence to prove that the other driver is partially or fully responsible for the accident. This will help to prevent any reductions in your compensation.
SHOULD I HIRE A BROOKLYN CAR ACCIDENT LAWYER?
A trusted Brooklyn lawyer can help you navigate the legal process. Our accident lawyers have years of experience in helping injured clients get the settlements and awards they deserve. We are both skilled litigators and negotiators, who won't stop until our clients get the results they want.
You don't have to pay anything to work with us. Unless you receive compensation, our legal advice and services are completely free.
WHAT SHOULD I LOOK FOR IN A CAR ACCIDENT ATTORNEY?
You should consider experience, success stories, communication, and commitment when looking for a lawyer after your car wreck. While most personal injury law firms say they will do everything to help clients obtain fair and equitable financial compensation, very few of them have the necessary experience. Brandon J. Broderick is a firm that will not back down. We won't stop fighting for what is yours, and we know that insurance companies and their lawyers are aware of this.
Our years of experience have helped hundreds of New Yorkers get the compensation they deserve after a car accident. We keep our clients informed of all developments and communicate frequently with them. We have won multi-million-dollar settlements for severely injured clients.
HOW MUCH DOES IT COST TO HIRE A BROOKLYN CAR ACCIDENT LAWYER?
Because we charge a contingency fee, you don't have to pay any upfront for a Brooklyn car accident lawyer. This means that you don't have to pay anything upfront until we get you the compensation you deserve.
Once you have received the settlement or court award that you deserve, our fee will be based on a percentage of your damages.