NYC is known for many things, including its back-to-back traffic jams. Given the vast number of drivers who hit the streets, it’s no wonder that car accidents are a daily occurrence.
When an auto accident occurs, each party is responsible for stopping and exchanging information while waiting for law enforcement to arrive and make an accident report.
Collisions are nothing to sneeze at. Victims can easily suffer from severe and even life-changing injuries, including lacerations, broken bones, head injuries, and even paralyzation. These victims are entitled to fair and just monetary compensation, including fees the accident has caused them.
However, it can be challenging to obtain this compensation without legal counsel and representation. Insurers will challenge you to minimize the seriousness of your pain and suffering to reduce the amount they owe you. They will try to low-ball you and even avoid paying your rightful compensation. They will question who was responsible for the car accident, even if it is evident that you are the victim. They will try to downplay the severity of your injuries and even question them.
If you have been in a car accident and have suffered injuries, you may be entitled to financial compensation. Contact our car accident lawyers at Isaacson, Schiowitz & Korson, LLP, right away.
Hiring a Car Accident Attorney in New York
At Isaacson, Schiowitz & Korson, LLP, our personal injury lawyers have years of experience handling complicated car accident cases. We understand what you are up against and what it takes to win. Our personal injury lawyers are ready to do everything it takes to obtain life-changing compensation.
Our attorneys will:
- Provide guidance throughout this challenging time and help you every step of the way
- Go over your case with you and start our own investigation
- Examine the circumstances surrounding your car accident
- Gather compelling evidence including crash reports, videos, pictures, medical records, and witness statements to determine who is at fault
- Communicate and negotiate with insurance companies
- Speak with accident experts to go over your accident
We will never allow insurance companies to bully you into accepting an undervalued or denied claim. If necessary, we are more than ready to take your case to court before a judge and jury. Most insurers do not want to go in front of a jury. As long as you have an experienced New York car accident lawyer on your side, they will reconsider trying to offer anything less than a just settlement.
Why Do Car Accidents Happen in New York?
Car accidents happen for many reasons. Some of the most common factors include the following:
Driving While Distracted
Driving while distracted happens when drivers take their eyes off the road, even for a second. They may also take their hands off the wheel, maybe to change the radio station or to text. Sometimes they may just be daydreaming or letting their mind wander.
Distracted driving contributes to thousands of car accidents every year in New York. In fact, distraction is a factor in nearly one out of all three motor vehicle collisions (30.4% of all accidents involve distracted driving).
When traffic becomes congested, it can be challenging for cars to maintain a proper distance between them. However, that is no excuse for not doing so. Tailgating can cause many accidents in New York.
Failure to Yield
All drivers are required to be aware of the traffic around them and with traffic laws. Not obeying these laws, like trying to enter the same lane as another car, can result in a car accident.
Speeding is a common cause of many vehicle collisions in NYC. There are more than 13 speed-related crashes in New York every day, according to the NYPD.
Driving while inebriated or intoxicated is a severe offense and happens every year.
Passing other vehicles seems like a fairly standard move, but you would be surprised how many accidents are caused by failing to properly pass another car in NYC.
Sometimes, debris or defects like potholes, sharp curves, hidden signs, or uneven roads can contribute to crashes.
Defective Cars and Parts
Sometimes collisions occur because of defective components, like airbags that suddenly deploy, brakes that fail, or more. If this happens, the manufacturer is responsible for the damage.
Who Is at Fault for My Injuries?
If you have been in a car accident in NYC, you may be entitled to financial compensation. There are a few different avenues you can pursue to fight for the money you are owed.
No-Fault Laws in New York
The first place you will look at for getting compensation is the insurance company. Since New York has no-fault laws, you will have to speak with your own insurance company first, no matter if you are responsible for the crash and your injuries.
It is essential to understand the difference between comparative fault and no-fault laws in NYC, especially if you are seeking compensation for injuries or property damage from a car accident.
Since New York is considered a no-fault state where you must first seek compensation for medical bills and lost wages from your insurer, you must seek the services of a qualified car accident attorney to help you fight. You might be surprised to learn that even your own insurer will work against you to offer the least amount of payout that they legally can. They are not on your side!
To reach an agreeable settlement, your professional car accident lawyer in New York City will use their skills and knowledge to win you the compensation you are entitled to. If there are multiple responsible parties for the car accident, comparative fault laws can be applied to your compensation.
Comparative fault means that you can file a claim to be compensated for someone else’s negligence based on the percentage that they were at fault.
Understandably, they may stall at writing you a check for any damages. They may fight you and minimize your payout or outright deny your claim. If you don’t fight for yourself, they may employ tactics to prevent you from receiving the money you are entitled to.
After all, they know the process by heart, while you don’t. They would rather deal with you since you don’t have the knowledge and resources to fight back. Having a skilled car accident lawyer in NYC levels the playing field. At Isaacson, Schiowitz & Korson, LLP, we know the challenges that you will face. We have fought insurers for years. Contact us right away so we can do everything we can to force them to play by the rules and write a check for the money you deserve.
Our Accident Lawyers Will Identify Who Is Responsible
If you have extensive injuries and property damage, your accident may cost more than your insurer is willing to pay. If this is the case, you may want to file a lawsuit against the at-fault party or parties.
You can file an injury lawsuit against any persons who contributed to the collision and caused your injuries, including:
- The driver of another motor vehicle
- The driver of your car while you were a passenger
- Truck drivers and the companies they work for
- Bus drivers
- Transit companies
- New York City Transit Authority
- Uber or Lyft drivers
- Taxi drivers
The only way to determine who is at fault for your collision is by conducting a thorough investigation. At Isaacson, Schiowitz & Korson, LLP, our car accident lawyers in New York will investigate your claim and invest the resources necessary to do so.
Am I Able to Recover Compensation if I Am Partly to Blame for the Car Accident in New York?
NYC uses a comparative negligence system. Simply put, if you are partly to blame for an accident, you can still recover compensation for accident-related injures and damage as long as you’re not entirely at fault.
Someone else must share some responsibility for the accident, even if it is just one percent. Your damages in an accident are reduced in direct proportion to your degree of fault. So, if you are 40 percent at fault for the collision, your damages are reduced by 40 percent.
Any involved parties and their insurers will most likely attempt to shift as much blame to you as they can. If you don’t fight them, their efforts might hinder the compensation you deserve.
What Damages Are Available if I’m Injured in a Collision?
Typically you can file for economic and non-economic damages. In severe cases, you can also receive punitive damages.
Economic damages are meant to compensate for any financial losses and expenses related to the wreck, including:
- Medical payments: this includes ambulance transport, diagnostic tests, medication, surgery, physical therapy, and stays in the hospital
- Future medical expenses: this includes medical equipment, in-home care, follow-up care
- Nursing care
- Rehabilitation and therapy
- Lost wages
- Lost future earning capacity
- Temporary or permanent disability
- Damaged property
Not all injuries have a predetermined financial value. You can undergo excruciating pain and suffering and emotional trauma that is not quantifiable. Your quality of life and happiness might be severely reduced, and you could face significant limitations in how you can live your life.
These setbacks are no less severe than physical trauma. Non-economic damages can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Loss of quality of life
NYC does not have a cap on non-economic settlements, but they are closely associated with economic damages.
What Are Punitive Damages?
In a genuinely devastating car accident, punitive damages would be awarded to punish the at-fault party for particularly reprehensible conduct. These are relatively rare and are only reserved for scenarios when they are truly warranted.
As the victim, you must be able to prove that the defendant acted with willful or wanton negligence beyond mere carelessness.
Determining How Much Your Claim Is Worth
An unexpected car accident can easily have a devastating impact on your financial situation and overall quality of life. You may be able to recover compensation for pain and suffering, lost wages, and more.
At Isaacson, Schiowitz & Korson, LLP, we can help you determine how much your claim is worth by evaluating your case. Some things we will keep in mind when considering valuation include:
- The severity of your injuries
- Whether or not you require a hospital stay or surgery
- Whether you need physical therapy or rehabilitation
- Whether you were prevented from working again, and for how long
- Whether your injuries prevent you from earning a living
- If your quality of life has been reduced because of your injuries
- If you require assistance to do basic tasks like bathing, eating, and getting dressed
- If you were paralyzed
- If you were disfigured
- If you were affected mentally or emotionally
- If you develop depression or anxiety
- If your vehicle was damaged in the crash
Our NYC personal injury law firm will work with professional accident experts to help determine the value of your case. We will evaluate the details of your claim and what it is worth.
We Handle Motor Vehicle Accident Claims in NYC
At Schiowitz & Korson, LLP, we speak for clients who have been injured in:
- Rear-end collisions
- Frontal collisions
- T-bone collisions
- Highway and Interstate accidents
- Speeding accidents
- Intersection accidents
- Uber and Lyft accidents
- Truck accidents
- Motorcycle accidents
Never hesitate to call our knowledgeable car accident attorneys to find out your legal options after a collision in NYC.
We handle cases where clients have suffered the following car accident injuries:
- Traumatic brain injury
- Back and neck pain
- Chest injury
- Eye injury
- Soft tissue damage
- Broken bones and fractures
- Catastrophic injury
- Spinal cord injury
Contact Your Car Accident Attorneys in NYC Today
Have you or someone you love recently been in a car wreck in NYC? Contact Isaacson, Schiowitz & Korson, LLP right away for legal advice and assistance. You may be entitled to compensation for your medical bills, lost wages, and further expenses.
Our expert auto accident lawyers will fight hard to secure you fair compensation. Call us today for a free consultation.