If you have ever been in a car accident, you know how important it is to have a car accident lawyer in Brooklyn to represent you to ensure that you receive fair compensation for your damages. What happens when the insurance carrier refuses to cover the cost of repairs to your car or medical expenses? What about compensation for loss of income as a result of the accident or an injury sustained in the accident?
The Brooklyn car accident lawyers at Cellino Law offer you with a free initial consultation to evaluate your unique case and get the ball rolling in claiming compensation. No matter how minor or major the accident, we will give you professional legal advice and answer any questions or queries you have.
Our professional team of lawyers has the experience to mount a strong defense in order to protect your rights as a car accident victim. We have your back all the way and will ensure that you receive the maximum amount of compensation possible. It is our knowledge of the law, skill, and success rate that has set us apart as a leader in the field of personal injury law in New York.
We also understand the stress and discomfort that a car accident and ensuing court proceedings can cause. Our personal injury lawyers in Brooklyn want to set your mind at ease so that you can focus on healing and recovering from the trauma leaving the legal matters in our hands. We are available to answer any question, any time of day and any day of the week.
In addition, you don’t have to be concerned about expensive legal fees. We offer our services on a contingency basis which means we only get paid when we win your case for you. There simply is no reason why you shouldn’t contact us after a car accident to get the compensation that is due to you.
How Do You Report A Car Accident In New York?
The law requires a driver to report an accident to the relevant authority as soon as possible in New York, especially if the accident resulted in an injury or fatality. The driver who was responsible for causing the accident should be the first to report it. However, it is best not to rely on them doing so and report the accident.
If the accident resulted in damage to property, the at-fault driver needs to make an accident damage report whether the other driver is present or not. However, an accident damage report should only be made if the estimated damages exceed $1,000.
After an accident, a driver has ten days within which to make the appropriate report and written statement. Where an injury has occurred that prevents a driver from reporting the accident, there are no specific stipulations as to when the report should be made. However, it is highly recommended by our experienced lawyers that a report be made as soon as the injured party has recovered sufficiently to do so.
Common Causes Of Car Accidents
The New York state government offers compensation for drivers who have sustained a personal injury as a result of a car accident. But to qualify for this compensation, the driver must be able to provide a valid cause for the accident in their report. Common causes for auto accidents may include one of the following:
- An illegal u-turn
- Exceeding the speed limit as posted
- Road conditions that are hazardous
- Hazardous driving conditions as a result of inclement weather
- Driving while under the influence of a substance such as alcohol, medication or drugs
- A mechanical or another defect in the vehicle
- Failing to stop at a red traffic light or stop sign
- Changing lanes illegally
- Driving while distracted (such as texting, talking, eating, grooming, etc. while driving)
- Not keeping a safe following distance
A driver can be considered responsible for causing an accident and therefore to be at fault due to negligence while in the operation of the vehicle. Your experienced personal injury lawyer in Brooklyn can help you better understand how negligence can play a role in causing the car accident.
Navigating the roads and highways in Brooklyn, New York can be stressful and nerve-wracking due to the high volume of cars on the road and the increased number of traffic accidents that occur. To add to this, drivers are prone to road rage as a result of impatience and frustration, further increasing the risk of car accidents.
These negative emotions can result in a lack of judgment and impulsiveness which in turn results in bad decision-making creating another reason for the high accident rate. The numerous “stop and go” signs on the roads contribute significantly to the high rate of accidents in Brooklyn.
The attorneys at Cellino Law are accomplished in the field of personal injury and will help determine the cause of the accident, negligence as well as any additional or extraneous circumstances that contributed to the accident. These factors are all important in ensuring that you receive the compensation that you deserve.
Common Personal Injuries That Result From Car Accidents
Most people are unaware of just how severe and tragic car accidents can really be. Injuries can result from a variety of different types of car accidents such as a hit-and-run, head-on collision, rear-end collision, roll-over, side-swipe, accidents in parking lots, pedestrian-involved accidents, truck accident, motorcycle accident or collisions with other types of vehicles or obstacles.
State law provides that drivers who have been injured in any type of automobile accident are eligible for compensation for medical expenses and loss of income (wages) no matter who was responsible for causing the accident. Your personal injury lawyer is there to ensure that you are compensated for medical bills, loss of income as well as other costs or losses incurred (such as pain and suffering) that are a direct result of the accident.
Under state law in New York, a personal injury of a serious nature can include one or more of the following:
- Extreme physical disfigurement or loss of a limb
- Limitation of use of part of the body or a bodily organ that is permanent
- The permanent loss of use of a body part or function of a bodily system
- Bone fractures
- Death
- Any physical condition that is a result of an accident and lasts for a period of more than 3 months after the date of the accident
What Does It Cost To Hire A Brooklyn Car Accident Lawyer?
At Cellino Law Firm, we understand that medical and other expenses after a car accident can make paying for legal advice and representation in a personal injury case difficult. Our legal expertise will be provided at no upfront cost which makes it affordable to everyone. In fact, we will not ask for any fees until you receive compensation for the personal injuries that you have sustained.
This is because our lawyers work on a contingency basis which means we cover our own costs until compensation has been received. In addition, our fees are relative to the amount of compensation that is paid. This gives the Cellino attorneys that extra motivation to win and win big.
We also cover court costs, filing fees, and other document costs associated with bringing your case to court. These fees will only be deducted from the total compensation that is awarded when we win your case.
This contingency fee model provides you with the additional benefit of being sure that you will be compensated for your personal injuries. Our lawyers carefully evaluate each individual case on its own merit as to what the likelihood of a successful outcome will be. If there is a chance that we will not win the case on your behalf and be able to get you the compensation that you deserve, we probably won’t take the case.
Our evaluation process begins with an obligation-free consultation. During the consultation, we will get a better understanding of the events on the day of the accident, your injuries, and the case itself to decide whether or not to go forward. You then have the choice to proceed with seeking compensation or not.
Types Of Compensation For Personal Injuries After A Car Accident
Typically, personal injury compensation claims must be due to a loss. These losses can either be financial or non-economic in nature. Punitive damages may also be available to victims of car accidents where negligence or misconduct by the at-fault driver comes into play.
Financial or economic claims provide monetary reimbursement for expenses and losses incurred as a result of the auto accident and may include the following:
- Damage to a vehicle or other property
- Loss of income
- Medical expenses that are current as well as estimated future medical costs related to injuries sustained in the accident
- Current as well as potential future income loss due to the inability to earn a living wage
Non-economic losses are only awarded in cases where serious injuries were caused according to section 5102 of State Insurance Law. These serious injuries may include the following:
- A physical disfigurement
- The loss of a baby in utero (while in the womb)
- Bone fractures
- The loss of function of a bodily organ or system
- Severe limitation to the function or use of a bodily organ or system
- The loss of a limb
In some cases, it is also possible to sue for punitive damages as part of a personal injury lawsuit. These are damages that are not economic or non-economic and are normally due to the negligence or misconduct of the at-fault driver. This type of compensation is normally calculated as a multiplication of the other compensation that will be received.
What Is New York’s Statute of Limitations For Car Accidents?
Claims for compensation for damages from a car accident do need to be filed within a certain period of the date of the accident. It is therefore critical to consult with an attorney in Brooklyn as soon as possible after the accident.
In New York, claims for damages against a defendant should be filed within one week of the date of the car accident. There is a statute of limitations and meeting the deadline is critical to receiving compensation.
The statute of limitations allows for claims resulting from car accidents to be filed by the victim 3 years from the day that the accident occurred. However, if the claim is against a government agency, the victim (plaintiff) only has 90 days to file a claim.
Although this may seem like plenty of time to get around to filing your claim, time is of the essence. It is imperative to consult with an experienced car accident attorney Brooklyn to ensure that the deadline is not missed and that all the necessary paperwork is filed correctly and in a timely manner.
Be aware that lawsuits take time and probably won’t be resolved quickly. The more complicated the personal injury case, the longer it is likely to take. Your attorney will also need to take time to investigate the case fully, collect evidence and build a strong case to ensure a resolution that is in your favor. Your recollection of the events may also fade as time passes.
In addition, a lawyer will want to interview witnesses and consult with doctors or other medical practitioners as to the exact nature of the injuries that were sustained and how they may affect your currently and in the future. Your legal team may also require evidence to reconstruct the scene of the accident and events leading up to the accident and may need to call upon expert witnesses. Court orders may be necessary in order to collect certain evidence such as phone records and subpoenas issued to get unwilling witnesses to testify.
What Are The Most Common Types Of Car Accidents?
Some of the most common types of accidents that result in personal injury lawsuit include:
- Hit-and-run accidents
- Accidents caused by young and inexperienced drivers
- Rear-end collisions
- Accidents that take place in parking lots
- Collisions with trucks, motorcycles, rental or other vehicles
- Roll-over accidents
- Sideswipes
- Head-on collisions
- Failing to yield or stop at an intersection or traffic light
Even if you were at fault in causing the accident, you may still be eligible for receiving compensation for medical expenses and loss of income. This is one of the most important reasons to hire a lawyer who is experienced in dealing with personal injury lawsuits. An experienced lawyer has the knowledge and skill to apply strategies to your advantage ensuring that you receive the highest amount of compensation possible. The lawyers at Cellino Law will apply their expertise to ensure that you are fairly compensated even if you were at fault.
Another good reason to hire a car accident attorney is where severe injuries were caused by the accident. These injuries may include bone fractures, permanent disfigurement, the loss of a limb, loss of use or function of an organ or body system, and even death. Severe injuries also have the potential of turning into life-limiting conditions or permanent physical impairments or disabilities months from the date of the accident.
Keep in mind that time is of the essence. The more time a lawyer has to invest in your case, the better the outcome is likely to be. It is critical to get legal advice as soon as possible after a car accident.
What Information Should You Get After A Car Accident?
There is certain information that you should collect while at the scene of the accident that may help your case at a later date:
- Make, model, year and license or registration of every vehicle involved in the accident
- The name, residential address, driver’s license number, contact, and insurance information of every driver involved in the accident.
- Names, badge numbers and precinct of any officers that responded to the accident
- The exact location of the accident
What Should I Do If I Was Hurt In An Auto Accident And The Other Driver Was At Fault?
This is one of the most common questions that victims of a car accident ask. First and foremost, report the accident at your nearest police station or precinct. Next, call your insurance company and report the accident and provide them with the case number that you will receive after reporting the accident to the police.
New York is a no-fault state which means that insurance companies are liable for paying out whether you are at fault or not. Over and above getting the compensation you deserve from your insurance company, you may want to claim from the other driver’s insurance provider. This is especially important when you are seeking compensation for non-economic or punitive damages due to serious injuries such as scarring or disfigurement, permanent disability, and even death of a loved one.
Your attorney will file the personal injury lawsuit on your behalf and provide you with legal representation to take on big law firms representing the insurance companies. Insurers are notorious for attempting to offer lower settlements or find reasons not to pay compensation that is due to their policyholders.
What Should I Do After A Hit and Run or Accident With An Uninsured Driver?
If the other driver leaves the scene of the accident, it is called a hit-and-run. It can be difficult to find the driver or collect all the necessary information to file a claim. In this case or where the other driver does not have insurance, an insurer may try to undercut the compensation that is due. Without the expertise and experience of a lawyer by your side, it can be easy to accept a settlement that is way below what you deserve.
Will I Have To Go To Court If I File A Brooklyn Car Accident Claim?
Personal injury cases are generally settled out of court. A settlement is where an agreement is reached between the plaintiff and the defendant as to the compensation that will be paid and how and when payment will be received. This is a preferable resolution as it saves both time and money in court. However, if an agreement cannot be reached, the case will have to go to court.
Cellino Law Firm takes the time to assess each case and determine how much compensation should be received by their clients. We will go the extra mile to use our skills to negotiate the ideal settlement. However, we will not settle unless the settlement offer is fair and we will take the fight to court if necessary.
My Auto Accident Happened A While Ago, But I Can No Longer Pay The Medical Expenses. Is It Too Late To File A Claim?
It is critical to file a personal injury claim within the statute of limitations that apply for car accidents in New York. If you miss the deadline, you will not be able to claim compensation.
While you should have 3 years from the date of the accident to file a claim, it is best if you can consult with a lawyer and file the papers as soon as possible.
Remember that an attorney needs time to investigate the case, collect evidence, and strategize in order to increase your chances of being awarded the maximum compensation that you are due. Although this takes time, without the evidence and information found from the investigation, it is less likely that you will win your case.
Should You Talk To The Other Driver After An Accident?
Apart from providing your name, insurance information, and contact details, you have nothing to discuss or say to the other driver. If you do speak, you may come across as apologetic and therefore guilty of causing the accident. Saying anything may allow you to incriminate yourself unwittingly.
Do not discuss the accident, blame the other driver, or apologize. However, you may check if the driver or other occupants of the vehicle are injured and offer assistance if necessary.
Contact Cellino Law And Schedule A Free Consultation Today!
If you were involved in a car accident, you need the assistance of a lawyer to assist you with a personal injury claim. Whether you were at fault in causing the accident or not, our Brooklyn personal injury firm is ready to assist you. Simply give us a call to schedule your free consultation and we will assess your case and provide you with legal advice. Speak to an experienced attorney to find out what your options are.
Remember that getting started with your claim for compensation sooner rather than later is critical. Contact Cellino Law in Brooklyn to find out more about how we can help you get the compensation you deserve for injuries, damage to your car, loss of income, and any other losses you incurred as a result of the accident.