Accident Attorney Near Me

If you suffered an injury or property damage following an accident that was someone else’s fault, an accident attorney could help you understand the value of your claim and the evidence needed to support it. The right attorney has experience and proven success in helping clients in similar situations. You do not need to face the legal challenges ahead without help. You can schedule a free consultation with an accident attorney today and learn more about what they do and how they can help.

What Type of Law Does an Accident Attorney Practice?

Accident attorneys practice personal injury law, also known as tort law. Personal injury law allows victims of bodily or psychological harm an avenue to recover financial compensation for their losses and hold the party responsible for their accident accountable in civil court. The foundation of most tort cases is negligence, but you can also sue someone who intentionally caused you physical or psychological harm.

Common Types of Personal Injury Cases

Personal injury attorneys handle many cases, but most involve auto accidents. For example, suppose you suffered injuries in a crash caused by a negligent driver. In that case, the circumstances could vary significantly, but an accident attorney understands the state-mandated laws that apply to these cases. The types of auto accidents can include truck, motorcycle, multiple or single vehicle, pedestrian, bicycle, rideshare vehicle, or bus collisions. Other common forms of personal injury claims include:

  • Premises liability casesProperty owners could be liable for injuries sustained on their private or public property if they failed to maintain safe conditions for visitors.
  • Dog attack casesDog owners are typically liable if their dog attacks someone. An attack can be biting, jumping on, chasing, or any other action resulting in an injury.
  • Medical malpractice casesDoctors, nurses, healthcare workers, and medical facilities can be liable for negligent conduct resulting in the injury or death of a patient.
  • Wrongful death casesAny personal injury resulting in the death of someone, either by negligence or malicious intention, could result in a lawsuit filed by the deceased person’s estate representative.
  • Product liability casesManufacturers are responsible when defects in their products cause injuries to consumers. The source of the malfunction could be an issue with the design or a mistake during the manufacturing process, which typically makes these cases challenging.
  • Workplace accident casesEmployers in New York must provide worker’s compensation insurance, but sometimes injured employees hit obstacles to adequate compensation and need legal help.
  • Assault. Victims of assault can hold the assailant civilly liable for damages resulting from the attack. This litigation is in addition to the criminal charges the at-fault party will face.
  • Defamation. Personal injury law does not only apply to cases involving bodily harm. A person can claim damages if someone intentionally defames their good reputation, causing psychological distress and financial loss.

As the plaintiff, you are responsible for collecting the evidence needed to support your claim and prove negligence. An accident attorney can access resources you may not be able to access alone.

What New York Laws Affect Personal Injury Cases in New York?

Every state mandates the statutes and legal concepts that govern personal injury cases. Some are more general and can apply to multiple cases, while others are specific. For example, the laws to consider in New York include the statute of limitations, no-fault auto insurance, comparative negligence, and the one-bite rule.

Statute of Limitations

The statute of limitations refers to the time limit set on your ability to file a lawsuit. In New York, you can file a personal injury claim with your local civil court within three years from the date of the accident for most types of personal injury. For a medical malpractice claim, you must file within two years and six months from the date the act of medical negligence occurred. If it happened during a cycle of treatments that occurred over several days, weeks, or months, the clock does not start ticking until the treatment ends. Any attempt to file after the statute of limitations runs out would likely result in the court’s dismissal of your claim.

No-Fault Auto Insurance

If you suffered an injury in an auto accident, you could access compensation through your own no-fault auto insurance. New York is a no-fault state, which means drivers with a registered vehicle must purchase personal injury protection insurance. PIP coverage allows you to bypass the fault system and file a claim for damages with your own insurance policy. The coverage limits can vary, but you can receive compensation for medical expenses and lost income.

The law allows you to step outside the no-fault requirement and file a claim or lawsuit against the at-fault driver if you experienced severe injuries and losses. The serious injury threshold in New York includes the following:

  • Total disability for at least 90 days
  • Life-altering disfigurement
  • A significant limitation to the use of a body system or function
  • Broken or fractured bones
  • Permanent limited use of an organ or member of the body

To better understand your right to file a personal injury lawsuit, talk to an accident attorney about the details of your case.

Comparative Negligence Rule

Comparative negligence is a legal concept used to govern cases where the plaintiff and the defendant share fault for the accident. For example, if both drivers in an auto accident case bear some responsibility for the collision, they would both be liable for a portion of the damages. The states that apply the comparative negligence rule either follow the modified or pure type.

New York abides by the pure comparative negligence rule. Therefore, if you are partially responsible for the accident, the court will assign a percentage of fault to both parties and deduct your portion from the total damages. This means you can be as much as 99% at fault and still receive 1% of the award. To understand how shared responsibility can affect your claim, an accident attorney can help you value your losses and understand your percentage of fault.

The One-Bite Rule

New York does not have a specific statute that governs dog attack cases. However, in most cases, the dog owner will be liable for any damages incurred if their dog attacks another person. Typically, the only exceptions are if the victim provoked the dog, trespassed at the time of the attack, or committed another tort when the attack occurred.

When Should You Schedule a Consultation With an Accident Attorney Near You?

The legal process can quickly become challenging for anyone with no experience in personal injury law. If you have questions about your case and your right to compensation, it is never too soon to contact an accident attorney. They typically offer free consultations where you can go over your accident’s details and discuss the next steps to take. At Cellino Law, we help victims of all kinds of personal injury, including auto collisions, slip and fall injuries, workplace injuries, medical malpractice, dangerous drug cases, and more. We know the financial and emotional toll physical injuries can take on a person. Whether your accident was minor or severe, we offer a risk-free initial consultation. We will help you understand the legal options available so you can recover compensation and get your life back on track. Contact Cellino Law at (800) 555-555 today. Our line is open 24 hours a day, seven days a week for clients.

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Testimonials

  • Mark Kochanowicz is from far the best attorney you can have. Mark treats you like a friend more than a client. He truly cares and go the extra mile for you and your case, contacts you to update you in regards to your case and keep you informed at all times. Mark represented me twice and settled my cases for way more than I expected. I highly recommend Mark Kochanowicz because he is just the best on what he does!!! Thank you Mark!!!!

    Maria

  • I just want to let you know that I did receive my settlement check. More importantly, I want to thank you again for all you did for both me and my family. I could not be more pleased with my experience at Cellino Law. From the moment I first spoke with you I felt comfortable - you took a sincere interest in my case, clearly explained the process and effected a quick settlement. From this day forward, when someone asks if I can recommend a good lawyer I will, without hesitation, say "Cellino Law". Thanks again.

    Walter

  • Choosing the right attorney to represent you after an accident can make all the difference. This is no cliche. I recently experienced these words to live by first hand. After a tractor trailer rear ended me at high speed in 2017 I retained Allan Silverstein to handle my case. I quickly realized that bringing a lawsuit rapidly snowballs into a mountain of details that can make or break your results. Documents, case histories, doctor visits, bills, and lots of phone calls all need to be accurately kept track of if a successful outcome it to be attained. To complicate matters I reside in New York and the incident took place in New Jersey. Luckily, Allan was licensed in multiple states. I was fortunate to find Allan to handle this matter from the New York area. Armed with an accurate account of the facts Allan went to work on the difficult job of negotiating with the defending insurance company as well as my no fault carrier in order to obtain the best possible outcome for my set of circumstances. In a lawsuit communication is key and and events can be of a timely nature. Allan never failed to return my calls - usually the same day! He fought skillfully and respectfully to get me the best possible settlement. He is easy to deal with and a likeable down to earth guy. He always listened with compassion and respect to my issues. He guided me with objective understanding as well as a realistic analysis of the merits of my case. When we finally settled Allan got me a fair agreement beyond my expectations and negotiated with my doctors to make sure all my bills were paid. It was a great experience having Allan represent me. Quality work in any aspect of life is hard to find. Quality is what I got with Allan Silverstein. I highly recommend him if you find yourself in need of a personal injury attorney.

    Theodore

  • Thank you for all your help. It has been a long journey. At last, the light at the end of the tunnel. Also, thank Tom for the help and work he put in.

    Ron

  • This letter is to thank Ms. Diane D’Andrea, assistant to Mr. George Gridelli, Attny for all the hard work, dedication, and attentiveness she showed during the representation of my case. She was always cheerful and ready to help in whatever way she could. All messages left for Mr. Gridelli were always relayed and Mr. Gridelli always promptly returned our calls. She was a very competent assistant. Cellino Law has proven to be a model of what legal representation should be. Throughout the 6 ½ years of this case, I have heard many horror stories from people with “bad lawyer stories.” We consider ourselves to be very lucky to have chosen Cellino Law and will always recommend you to those looking for good, honest representation with a personal touch.

    Joseph

  • We'd like to thank you for all the assistance and time you spent on our case. Your professionalism and honesty will always be appreciated. The staff was always courteous and we were always impressed with your accountability. Your passion and dedication will never be forgotten, nor will you.

    Sarah