Melville, NY Speeding Accident Lawyer

Out of a reported 6,756,000 traffic accidents on U.S. roads in 2019, speeding was a factor in accidents resulting in injuries for an estimated 326,000 people, while 9,478 lost their lives. Though driving over the speed limit is common, it can have catastrophic impacts on those who suffer the physical, emotional and financial consequences.

If a speeding motorist caused the accident that led to your injuries, you might be able to recover damages through a personal injury legal claim. The legal landscape is a complex system to navigate, and multiple rules and regulations impact your case. Working with a Melville, N.Y., speeding accident lawyer from Cellino Law can reduce the stress of pursuing a claim and allow you to work on recovering from your injuries.

Understanding the Legal Landscape

A speeding accident legal claim is a personal injury civil lawsuit. Several legal considerations come into play when determining whether a lawsuit is a viable option in your case.

Legal Deadline

If you sustained injuries in a speeding accident, you might want to consult with a Melville, N.Y., speeding accident lawyer from Cellino Law immediately. Your insurance company may offer you a quick settlement, but you can be reasonably sure that whatever they suggest won’t be enough to cover your losses.

However, you don’t want to wait to file until you fully recover and can add up all your expenses. The state establishes a firm deadline for taking any legal action, including filing a personal injury lawsuit. This time limit is called the statute of limitations, giving you three years from your accident to file a legal claim. Once the deadline passes, so does your opportunity to pursue a lawsuit to recover damages.

Insurance vs. Legal Claim

Generally, if you have an auto accident as a New York resident, you file a claim with your own insurance company when you sustain injuries. The state is a no-fault auto insurance state. You must have personal injury protection of at least $50,000. This coverage pays for:

  • Medical expenses deemed necessary and reasonable
  • Lost wages of the lesser of 80% of your salary or $2,000 monthly for up to three months
  • Up to $25 daily for miscellaneous expenses related to your injuries, such as household help

Fault is not a consideration when you make a claim using your personal injury protection. Unfortunately, your coverage may not compensate you for the full extent of your damages. New York does allow injured motorists to seek legal recourse if they have serious injuries.

Serious Injury Threshold

New York auto insurance laws stipulate that you must meet the threshold for a serious injury before filing a personal injury claim. If your injuries meet one of the following criteria, your case may be able to pursue a legal settlement:

  • Dismemberment
  • Significant disfigurement
  • Bone fracture
  • Permanent loss of use of an organ, body part, function or system
  • Limited functioning of a body part or organ

You also meet the threshold if you lost a fetus due to the accident. If you sustain an injury that prevents you from participating in your daily activities for more than 90 days, you have the legal right to file a personal injury lawsuit. A Melville, N.Y., speeding accident lawyer can help determine if your injuries satisfy the legal criteria.

Evidence of Negligence

If your case qualifies for a legal claim, your next obstacle to recovering fair compensation is proving negligence. Personal injury lawsuits are usually based on the negligent actions or inactions of one party that cause harm to another. In a speeding accident case, the claimant is responsible for proving the other driver’s negligence caused the accident that led to the individual’s injuries. Establishing liability has four components:

  • Demonstrating the other party had a responsibility to behave in a manner that protected you from harm
  • Showing that the other party failed in that responsibility
  • Proving that the failure of duty caused or contributed to the accident
  • Establishing that the accident was directly responsible for your injuries

If any one of these components is not substantiated, you cannot win your case. A Cellino Law speeding accident lawyer can assess the facts in your case to determine whether there might be sufficient evidence to merit legal action.

Possible Damages

Where an insurance claim only allows you to recover a limited amount of economic damages, a legal claim permits the recovery of economic and non-economic damages. Some states set caps on damage awards in personal injury lawsuits, but New York is not one of them.

Economic damages are those you can link to a direct financial cost. Non-economic damages are financial compensations for harms that don’t incur a measurable monetary expense. However, these damages can have a significant and long-term effect on your quality of life. New York allows you to pursue the following:

  • Wage losses, including long-term loss of earning capacity
  • All past and future medical and rehabilitation expenses
  • Therapy costs, including psychological, occupational and physical
  • Emotional trauma
  • Loss of enjoyment of life
  • Physical pain and suffering

In some cases, the state allows claimants to pursue punitive damages. If the other driver was cited for reckless driving for excessive speeding — a misdemeanor criminal offense — and your injuries are severe, you may be able to seek punitive damages. A personal injury attorney with experience handling speeding accident cases can determine whether your case warrants pursuing punitive damages.

Comparative Fault

New York’s comparative fault rule is the final hurdle to recovering fair compensation. Though the burden is on you to prove the other party’s liability, your responsibility plays a role in determining the outcome. The defense will attempt to place as much blame on you as possible to reduce their client’s financial responsibilities. If you have sufficient evidence supporting your claim, it may reduce your own liability, but you need to be prepared for the defense’s counterarguments.

The good news is that New York follows a pure comparative fault rule, meaning you have a right to compensation even if you are primarily to blame for the accident. However, there is a direct relationship between your degree of fault and how much of the damage award you receive. If you are 35% liable, you receive 65% of the damage award. If you are 90% at fault, you walk away with 10% of the damage award. It can help to have a Cellino Law Melville, N.Y., speeding accident lawyer on your side.

Working With a Melville, NY, Speeding Accident Lawyer

Working with an accident attorney with experience handling speeding accident cases gives you the support you need to navigate the legal landscape. Your attorney provides the following:

  • A case evaluation and a realistic assessment of your options
  • Legal advice throughout your case
  • Evidence collection
  • Damage calculations
  • Communications and negotiations with the defense
  • Representation in court if needed

Your attorney also ensures your rights are protected throughout the process.

Getting Help From Cellino Law

If you sustained injuries in an accident caused by a speeding driver, Cellino Law attorneys are here to support you in pursuing the compensation you deserve. We understand what’s at stake when another party’s negligent behaviors disrupt your life and cause substantial harm. We work hard to get you a fair settlement, and we don’t get paid unless we win your case. Contact us today to schedule a free case evaluation.

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Testimonials

  • I am so grateful for your expertise, patience, and perseverance which resulted with such a successful settlement regarding my car accident. I also want to let you know how impressed I was with you and your firm and I won't hesitate to recommend you to anyone who needs assistance from an accident. I truly appreciated your care and professionalism. Thank you again for your kindness and support

    Lisa

  • Joe and I just wanted to send you this note thanking you for the professional way you handled our lawsuit. Your kindness was extremely appreciated in a very difficult time. When we found out the people that caused the accident had no insurance, we thought our chances of receiving any settlement was nonexistent. Once we met with you and released you were able to help us our minds were put at ease. Your aggressive manner of handling the case exceeded our expectations. Please feel free to use us as a reference. Thank you so much and best wishes,

    Danielle and Joe

  • My experience during the time of negotiations was extremely positive. Josh Sandberg handled my lawsuit with the utmost integrity. He returned all my phone calls in a timely manner and answered all my questions. Josh made things less stressful. I would highly recommend Josh and the entire staff at Cellino Law.

    Arthur

  • 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

  • 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

  • It was a great pleasure working with you on my lawsuit. You certainly gave 150% of your time and interest in settling my case and for that, I am extremely grateful. Therefore, I want to thank you very much for helping me win my settlement and wish you the very best.

    Linda