If you have been involved in a car wreck, it is important to talk to a Rochester, NY car accident lawyer who will help in getting fair compensation for the damages. You might be asking yourself whether the insurance company is going to take care of your medical bills, car repairs, and recovering compensation because of lost wages. Here at Cellino Law, you will be able to get started without paying anything through our free initial consultation. No matter how serious your accident was, we will be able to answer any questions or concerns you might have.
We have experienced attorneys who will be ready to defend your rights as a victim of the accident. We will do our best to make sure you get maximum compensation for our clients, and we will be there when you need us the most. Our experience, knowledge, and success is the reason why we have earned recognition for being one of the most experienced injury firms in New York.
When a person is involved in an accident, there is a good chance they feel extremely stressed out. We want to take that stress from you to allow you to focus on your recovery while we follow up with your case. You can talk to us any time of the day, any day of the week. You also don’t have to worry about the payment because we only get paid when you win. If you have been injured as a result of a car crash, Call Cellino to talk to one of our Rochester, NY personal injury lawyers to get started with the process of helping you get the compensation you deserve.
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How Are Car Accidents in New York Reported?
Drivers are required by law to inform the appropriate authorities of an auto accident, especially if the accident led to the injury or death of another person. The driver who is at fault or one of the drivers involved in the accident should be the first one to make a police report of the accident. There are some car accidents that cause property damage. If this occurs, the driver who is at fault should report the accident whether the other driver is there or not. In addition, drivers can only make an accident damage report if the amount of damage is more than $1000.
New York drivers have up to ten days after an accident has occurred to complete a written report. Even though the law does not make any specifications regarding accident reporting if the driver was injured in the accident, most personal injury attorneys recommend that drivers should file written accident reports as soon as they are physically able to do so.
What Are Most Car Accidents Caused by?
The state government of New York offers drivers compensation for personal injuries they sustain in a car accident. However, in order for an injured driver to qualify for this personal injury compensation, it is required that the driver files a report detailing the type of auto accident they were involved in such as:
- An unlawful U-turn
- Driving above the posted speed limit
- Hazardous road conditions
- Inclement weather
- Driving while under the influence of alcohol and/or medication
- Mechanical or vehicle defect
- Not stopping at a stoplight/sign
- Illegal lane change
- Distracted driver
- Following too close
- Texting/talking while driving
It is possible for drivers to be at fault for a car accident because they were negligent while operating the vehicle. You should contact a personal injury lawyer in Rochester. An experienced lawyer will help you understand how your negligence may have been a contributing factor to the car accident.
It can be both nerve-wracking and challenging to drive on the roads and highways in Rochester, New York due to the extremely high number of accidents that occur in the area each year. Drivers often experience road rage and become frustrated and impatient while driving.
These emotions can lead to impulse decisions that can cause the driver to make bad decisions that can create accidents. In addition, with the increase of the ‘stop and go’ signs that are on Rochester’s roads, there is also a greater risk of accidents occurring on the roads.
When you contact Cellino Law Firm, you will be able to speak with one of our experienced and professional attorneys who handle personal injury claims. They will evaluate your claim if you have a personal injury as a result of a car accident in New York.
What Are Some of the Most Common Injuries Caused by Car Accidents?
You probably are not aware of just how terrible car accidents can truly be. Injuries from these types of accidents include roll-overs, tailgating, hit and runs, rear-end accidents, head-on collisions, sideswipes, motorcycles, pedestrians, young drivers, accidents in parking lots, rental cars, failure to stop or yield, truck accidents and other types of on-road vehicles.
According to the state laws in New York, drivers who are involved in auto accidents qualify for compensation for medical bills and a loss of wages regardless of who was at fault. By hiring a personal injury attorney, you can be assured that your lawyer will take the necessary actions to ensure that you will get the compensation you deserve for your injuries and pain and suffering that was the result of a car accident.
Under the state law in New York, a serious, personal injury is defined as one or more of the following:
- Loss of limb or extreme physical disfigurement
- Permanent limitation in the use of a body part or an organ
- Permanent loss of the use of a body part, organ, body system or body function
- Extreme limitation in the use of a body function or body system
- Bone fracture
- Any physical ailment that affects you for three months or longer after the accident
How Much Does a Rochester Car Accident Attorney Cost?
At Cellino Law Firm, you will not have to pay any fees upfront once you have decided to hire our competent personal injury lawyers to handle your personal injury case. This makes our legal services affordable for anyone who has been injured in a car accident because victims typically have to deal with medical expenses after they have been in an accident. This means that we will not ask for you to pay anything until we have helped you get the compensation that you deserve.
Our lawyers work on a contingency-fee pay model. In other words, we cover our own expenses while we are working on your case. The fees we receive are dependent on how successful we are at getting you fair compensation.
This pay model also gives us an incentive to win the case in your favor because we pay all expenses including paperwork filing and court costs. However, once we have recovered your compensation for you, we will deduct these fees and expenses from the total amount awarded.
The contingency-fee pay model should also motivate you to hire our law firm to represent you with your personal injury lawsuit. Our law firm decides to work on personal injury cases based on their merit. This means that if we believe that there is even a small percentage that we can win your case, we will decide to take it.
The process begins when we provide you with a no-risk consultation. During this free consultation, we will ask you questions in order to better understand what occurred on the day the accident took place. You can always choose to hire us after this initial consultation is over.
What Compensation Can I Receive After an Auto Accident?
Typical compensation for personal injury claims due to car accidents includes payment for losses. This includes economic and non-economic losses. There are also some cases in which victims will also get punitive damages because of the negligence or misconduct of the other driver.
Economic compensation generally gives a victim direct repayment for any loss incurred after they were in the accident. This can include:
- Vehicle or other property damage
- A loss of income
- Current medical expenses and estimated medical expenses in the future because of the accident
- Current and possible future loss in the ability to earn a living wage
According to the State Insurance Law (section 5102) in New York, victims are only entitled to non-economic payment if they have suffered from what is considered a ‘serious’ injury. You will get compensated for your non-economic losses if you:
- Have a physical disfigurement
- The loss of a baby in utero
- Bone fracture
- The loss of the function of a body system or a body organ
- Extreme limitation in the use or function of a body system or body organ
- Loss of limb
As mentioned above, besides the compensation for economic and non-economic losses, it is also possible to receive compensation for punitive damages if the misconduct or negligent actions of the defendant led to a fatality. These types of damages are typically multiplied a few times above the amount you would receive just for compensatory damages.
Is There a Time Limit on When I Can File a Car Accident Claim in New York?
It is best to contact an auto accident attorney in Rochester, NY, as soon as you can after an accident has occurred because it is the state law that these claims have to be filed within a certain timeframe.
So, to answer the question, yes, there is a time limitation on filing auto accident claims. You should file your claim against the defendant within a week after the accident has occurred. As with auto accidents, the statute of limitations is crucial in many types of lawsuits.
Victims have three years from the exact date of the accident to file a lawsuit against the defendant. Keep in mind, if the defendant is a government agency, you only have 90 days to file a lawsuit.
With that being said, time is of the essence and you should contact a competent and experienced personal injury auto accident attorney as quickly as you can. The attorney will make sure that your case stays within the guidelines of the statute of limitations so the chances of you winning your case will improve.
You should also keep in mind that these types of cases are not resolved overnight. It can take a long time before the case is resolved due to the complicated nature of personal injury cases. The attorney will have to conduct several investigations, and this will include looking over property damage and medical bills.
The attorney will also need time to interview witnesses to the accident and to speak with medical experts in order to completely understand the scope of your injuries. The lawyer will also need to have a team of professionals to replicate the accident scene to better understand what occurred. In addition, the attorney will also need time to get necessary court orders to obtain certain pieces of evidence such as receipts, cell phone records, and other items.
What Are the Most Common Types of Car Accidents?
Several of the most common types of car accidents are:
- Hit and runs
- Young drivers
- Rear-end accidents
- Accidents in parking lots
- Accidents involving motorcycles, trucks, rental vehicles and other vehicles
- Rollover accidents
- Side swiping
- Head-on accidents
- Accidents for failing to stop or yield
Although you may be at fault for the accident, it is still possible to receive compensation for your medical bills and loss of income. This is why it is so important to hire an auto accident lawyer with years of experience handling personal injury claims. These lawyers are very aware of how to use certain strategies during trial so you can get the most money for the injuries you have sustained. We at Cellino Law Firm are ready to assist you if you ever find yourself in this type of situation.
Car accidents can result in severe injuries that can cause death, multiple bone fractures, disfigurement, limitations with body functions, organs, and systems, and even the permanent loss of a body part or an organ. Severe injuries also include any physical impairment that may become a life-threatening condition within three months after the accident.
This is the primary reason why you should not hesitate to get into contact with an auto accident attorney. The faster you decide to hire an attorney, the better you increase your chances of getting the compensation you deserve because the lawyer will have more time to collect the necessary evidence that can be used to prove the defendant is at fault.
Is There Any Information You Should Collect After the Accident?
While you are still at the scene of the accident, you should attempt to collect the following information if you are physically able to do so:
- The type of car (make, model, year) and the license tag of every car that is involved in the accident
- Each driver’s name, address, phone number, insurance information, driver’s license number, and current registration information.
- The name, badge number, and police precinct or division of the responding officer
- The location of the car accident
What Should I Do if I Was Hurt in an Auto Accident and I Believe the Other Driver Is at Fault?
This is a very common question that accident victims often ask after they have been involved in an auto accident. The very first thing that you should do is make an accident report with the police. The accident should also be reported to your insurance company.
New York has a no-fault insurance law. This simply means that your insurance company will be liable whether you are at fault or not. Besides your insurance company, you may also decide to seek compensation from the insurer of the defendant. This is especially true if the accident has left you with scarring, permanent injuries, disfigurement, or has resulted in the loss of the life of a loved one.
The attorney you hire will then file the lawsuit for you. You will increase your chances of receiving by hiring someone with the legal knowledge and experience to properly represent you. If you decide not to hire a lawyer, be prepared for the insurance company to try and offer a low compensation amount.
What If the Other Driver Left After the Accident or They Do Not Have Insurance?
If you are involved in a hit and run, it can be difficult to gather all of the necessary information. With that said, you can still receive compensation for any injuries you have sustained in the accident. The insurance company will attempt to settle for a low amount. Never enter into any negotiations with an insurance company alone. Allow Cellino Law Firm to deal with the insurance company so you can get fair compensation.
Will I Have to Go to Trial?
Generally, attorneys prefer to settle these types of cases out of court. A deal is reached so the plaintiff will not have a need to file a court case. However, if all fair claims are rejected by the insurance company, the case may have to go to court.
We at Cellino Law Firm take the time to thoroughly review the entire incident. This allows us to come up with a fair amount of compensation. We will negotiate a fair settlement with the lawyers for the defendant so it does not take a long time to dismiss the case. However, if the lawyers do not want to settle, we will not stop fighting so you get the compensation you deserve.
Can You File a Car Accident Claim if You Can No Longer Pay Medical Expenses?
It is very important to keep New York’s statute of limitations in mind if you are involved in a car accident. It does not matter whether you are the plaintiff or the defendant, the case will have to be filed by a certain time.
Under normal circumstances, you will have three years from the date of the accident to file a personal injury claim. However, it is best to immediately hire an attorney after the accident.
Auto accident attorneys have to go through a series of checks, interviews, and investigations in order to fight and win your case. All of this takes time, and this is why you should not wait to hire an attorney.
After the Accident, Should I Speak With the Other Driver?
You should NEVER talk with the other driver regardless of who was at fault. Do not speak with them about the accident or the claim. Even if you feel guilty for the accident, never apologize to them. Apologizing means that you have accepted that the accident was your fault.
Only check to make sure that the other driver and any occupants are injured, but do not talk about the accident. This can easily backfire on you and may cost you a win with your claim.
Get a Free Consultation With a Rochester Car Accident Lawyer! Contact Cellino Law Today
If you have been involved in an accident and it was not your fault, you will need an auto accident lawyer to help you. We have a team ready to help you. We will give you a free initial consultation where we can give you legal advice about your case. You will get the chance of having your questions answered by skilled attorneys. You will be able to talk to a legal professional in confidence about the car crash and what options you have.
Talk to Rochester car accident attorneys at Cellino Law so we can get started with your case. Our team of auto accidents lawyers are experienced and will help you get the compensation you deserve for the injuries you sustained and damages to your car. We are here to serve you. Give us a call for your free consultation.