NYC Car Accident Lawyer
EXPERIENCED LEGAL HELP FOR AUTO ACCIDENT VICTIMS
If you have been seriously injured in a car accident, you’re likely facing extremely trying times. In addition to the physical and emotional trauma of the accident itself, car accident victims often suffer from financial problems caused by missed work and mounting medical bills, among many other things, following a car crash. You need a strong advocate for your rights, who can take a stand and help you recover the financial compensation to which you are entitled.
As New York City car accident attorneys, we at Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. can provide the help you need. Whether we are presenting a case to the insurance adjuster or pursuing car accident lawsuits in court, our NYC injury law firm works tirelessly to make sure our clients receive the maximum compensation possible for the damages they sustain. Allow our dedicated NYC car accident attorneys to help you rebuild and recover from your injuries.
Traffic Accidents: A Leading Cause of Injury & Death in the U.S.
Across the United States, traffic accidents are among the most common cause of wrongful death and serious injury each year. According to the Centers for Disease Control (CDC), the leading cause of death for individuals between 1 and 44 years of age is due to injuries sustained in a car accident.
Both governments and auto manufacturers are taking steps to improve driver safety. For instance, more vehicles than ever before offer roof crush resistance, rear impact guards, side-impact protection, and both driver and passenger airbags as standard features. State governments across the country have noticed the trend and have worked to pass and enforce far stricter laws against things like driving under the influence. Unfortunately, in spite of these efforts, millions of Americans receive serious injuries and tens of thousands are killed in car accidents each year.
Types of Negligence that Frequently Cause Car Accidents
Individuals injured in an automobile accident due to another driver’s negligence are legally entitled to compensation under personal injury law. However, these cases are known to be complex, especially when it comes to determining and assigning fault. Though there are a number of potential causes, most car accidents can be attributed to driver negligence. Individuals that commit negligent acts fail to use the required and expected level of care while driving.
Some of the most common types of auto accidents result from:
- Driver Error/Negligence: When it comes to car accidents, negligence can arise from a variety of situations. One of the most common is driver error, where a driver fails to yield the right-of-way, follows too closely behind another, speeds, disregards a traffic control device, or drives aggressively.
- Distracted Driving: The number of accidents caused by distracted driving is on the rise across the entire country. Drivers trying to read text messages, put on makeup, change the radio, or interact with other things or passengers within the car often cause them to look away from the road and collide with things they otherwise would have avoided.
- Improper Vehicle Maintenance: Individuals who fail to service or maintain their vehicles can cause accidents if a system or component on the vehicle fails. This can include brake failure, a part of the vehicle dislodging, or parts of the vehicle disengaging while driving.
- Negligent Roadway Design/Maintenance: Factors outside of the vehicle cause occasionally accidents. Holes or debris, construction work, poorly designed roadways, and traffic control issues can all contribute to accidents.
- Auto Product Liability/Defective Auto Parts: Litigation involving product liability in motor vehicle accidents is a common occurrence. These claims involve a defective part of a vehicle that caused an accident. Car accident cases involving defective vehicles can often be attributed to tire blowouts, brake failures, or even complete mechanical failures. Improper vehicle design can lead to accidents, as well.
- Drunk Driver: Drunk driving is one of the most common causes of fatal crashes in the nation. In fact, according to the NHTSA, approximately 32 people in the U.S. die from drunk driving-related car accidents.
As you can see, multiple factors can cause or contribute to a car accident in New York City. Among the most common factor is the conduct of a negligent person. If an accident occurs, acting quickly by obtaining the help of an experienced attorney can ensure your legal rights are protected and help guarantee your right to compensation.
What Are Common Car Accident Injuries?
Depending on the circumstances surrounding the accident, car crashes can vary between relatively minor fender benders to devastating and even fatal crashes. Our New York car accident attorneys have seen everything from whiplash injuries to life-altering, serious and catastrophic injuries. Some of the most common injuries car accident victims receive include:
- Fractured or broken bones; dislocations
- Head injuries; concussions; Traumatic Brain Injuries (TBI)
- Neck and back injuries; whiplash
- Spinal cord injuries; paralysis
- Soft tissue injuries; bruising; sprains; strains
- Road rash; lacerations; facial and skin disfigurement; scarring
- Internal organ injuries; internal hemorrhaging
- Limb loss; accidental amputation
- Burn injuries
In extremely unfortunate cases, a serious car crash may cause fatal injuries and leave the victim deceased. Families of victims who were lost in a fatal accident may file wrongful death claims to obtain compensation for the significant losses they have experienced at the hands of a negligent driver.
What to Do After a New York City Car Accident
Victims of NYC car accidents often face serious injuries that leave them unable to work or meet financial obligations. In some cases, they may have to go through multiple surgeries and extensive periods of recovery, and these medical bills rack up extremely quickly. Unfortunately, individuals involved in car accidents are also often unaware of what they can or should do following an accident. Below, the car accident lawyers from Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. provide some helpful advice.
If you are involved in a motor vehicle accident, it is important that you act quickly. First, seek medical attention as soon as possible. Even if an injury seems minor, it can quickly escalate into something major or even life-threatening. A thorough exam by a medical professional will ensure you physically recover in the best and fastest way possible.
Photographs of the accident can also provide crucial evidence in your case and help to defend your rights if you choose to file a personal injury claim. Photographs of the vehicles involved, the area where the accident occurred, and any site that seems relevant to your claim can be taken by you or someone you trust if you’re unable to take them yourself. Debris in the roadway, pothole covers missing, or even cracks in the road could all have played a factor in the accident.
After securing medical attention, you should immediately report the accident to the police as well as your insurance company. During this time, do not admit fault, simply inform them of the accident and your intent to file an insurance claim. Car insurance companies of the other parties involved will be busy putting together their own investigation in order to determine who is at fault and can and will use your own statements against you. Before speaking with anyone else’s insurance provider, you should obtain the legal assistance of a New York personal injury lawyer.
They will guide you through the remainder of the claims process and ensure you do not say or do anything that will hurt your case in any way.
You and your attorney are entitled to both police and insurance company reports, and you are able to dispute any information they provide that you do not agree with.
NAVIGATING YOUR WAY THROUGH THE CAR ACCIDENT CLAIMS PROCESS
After being involved in a New York City car accident, there are several steps you will need to take to ensure achieve success in your case. Remember, though, that what success looks like will depend on the unique circumstances of your situation, but overall will encompass recovering enough compensation to fully and fairly cover the damages you suffered as a result of the accident.
As previously mentioned, the first thing you will need to do is visit a doctor who can attend to and assess your injuries. This, of course, is an important step for your medical needs, but it is also key to a successful car accident claim. Once you have addressed your injuries, you should call a New York car accident lawyer who can guide you through the claims process. When you work with our legal team here at Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P., we will assist you with each step of the case.
Once a car accident victim formally becomes a client of our firm and an attorney-client relationship has been established, our first action will be to document everything that we can, including:
- The scene of the accident
- Vehicles that were damaged
- Your injuries
- Any and all other damages
- The police report
- Witness statements
Types of Compensation Available in NYC Car Accident Claims
After a New York City car accident, the value of your claim is a key issue to consider. What type of compensation may you be entitled to receive? How long will it take to achieve compensation? These are matters best addressed by an experienced car accident lawyer. If we take on your case, our NYC car accident lawyers will spare no effort in determining every physical, emotional, and financial impact that your injuries may have on you now and into the future. This can help us determine the full and fair value of your claim and ensure you receive maximum compensation.
Depending on the facts of your unique case, you may be entitled to compensation for:
- Property damage to your vehicle
- Any and all medical expenses, including ongoing/future treatment
- Lost wages, including loss of future earnings or earning potential
- Emotional trauma, such as pain and suffering and loss of society or companionship
Our New York car accident lawyers will carefully determine exactly how much your injuries affect you and your family, from the moment they occurred and for the rest of your life. We will use this information to help you recover a settlement or award that will truly make a difference.
Why Hire an Attorney to Handle Your Car Accident Claim?
When it comes to handling a car accident lawsuit, it must be handled right the first time around. Injury victims have to follow specific filing and procedural requirements, as they have only one chance to seek compensation for injuries and damages incurred in the accident. There are plenty of things that go into car accident cases. Missing a deadline or not having all the proper documentation, failing to acquire witness statements, and not receiving medical treatment can all negatively impact a person’s ability to recover compensation under New York law. It can be extremely difficult for an individual unfamiliar with the nuances of personal injury cases to navigate the legal system successfully and reach a favorable outcome.
That is why it is so important that those who have suffered injuries due to the negligence of another person seek the help of an experienced car accident attorney like those at Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. Our attorneys will get straight to work on your auto accident case and make sure all liable parties are held legally responsible for the part they played in your car accident injuries. An NYC car accident lawyer from our renowned law firm can help prevent a regrettable outcome by aggressively pursuing a personal injury lawsuit on your behalf.
Looking for help after a traffic accident? Talk to an experienced and compassionate legal professional. Call Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P., experienced car accident lawyers located in New York, NY, at (800) 498-2782.
Filing a Claim for Your New York City Car Accident Case
One element of your case that needs to happen right away is no-fault documentation with your insurance company. This is the step where our law firm will file a claim with the insurance company to report the accident and claim no-fault benefits. This must be done within 30 days of the accident. We will handle this step with haste and help ensure that you do not say anything that may incriminate you.
We will then file for the medical records at once. Additionally, we will assess what injuries were suffered and what the doctor had to say about the injury, whether it resulted in whiplash or much more severe injury.
As soon as we get all of the necessary documents, we will file suit right away. Many law firms hesitate and stall before filing, but not us. We know that it is important to push the insurance company so that you get paid what you deserve. And that is exactly what we will do. Once we file suit with the liable party, they will know that we are serious. From there, it is just a matter of completing the discovery process.
From Discovery to Trial in a Car Accident Case
The discovery process is a critical element of a New York City car accident claim and it must be executed as soon as possible. This is a question-and-answer platform that allows a witness to give testimony, while under oath, in response to the questions asked by the attorney. Witnesses may include:
- The driver of a vehicle
- A passenger
- Third-party eyewitness
After the discovery process, we will move to the trial process. This is where we put together the whole picture using information from the discovery process as well as what we have obtained from deposition.
As the case develops, we will explore various legal options and elements. Our firm won’t spare any expense to help you get the best possible outcome for your case. Hesitating to get representation after a motor vehicle accident case can jeopardize your chance of getting the highest level of compensation.
Need a New York Car Accident Lawyer?
Call Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. Today for a Free Consultation
It is crucial for anyone involved in a motor vehicle accident to act quickly. A reputable New York City auto accident attorney at Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. can help file your claim, gather information, and collect evidence so you and your loved ones can focus on your recovery. Our team of dedicated personal injury attorneys have helped clients dealing with New York City car accidents and injuries for 35 years now. As a result, we know what it takes to obtain justice and recover compensation for things like medical bills, lost wages, and more.
Our team works to protect and safeguard the legal rights of those injured in car accidents in New York City. If you have been injured or lost a loved one, give us a call today at (800) 498-2782 for a free consultation.