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New York City Car Accident Attorney

In New York City, car accidents are a leading cause of serious injury and death.  However, even a minor injury has a significant impact on your life. If you or your family member has been seriously injured in an auto accident, call the New York City personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP for a free consultation today.

Why Should You Choose an NYC Car Collision Lawyer From RMFW Law?

  • Our New York City accident attorneys have significant experience handling simple and complex car accident claims.
  • Our legal team is recognized as one of the best in the nation in representing victims of serious injury or wrongful death. In fact, many of our NYC car crash lawyers have been selected and listed in Super Lawyers™, hold an Avvo rating of 10.0 (Superb), and been listed by Newsweek as one of the “10 Best Personal Injury Attorneys,”.
  • We are tough advocates for car accident victims, whether we are negotiating a settlement or presenting a compelling case at trial.
  • Our track record of high-value settlements and jury awards, with over 95 percent of our clients being compensated for their injuries and other losses, has led to our reputation for excellence in personal injury law.

We do not charge our clients unless we win – we are that confident in our ability to protect the rights and interests of our clients. Contact us to schedule a consultation today.

Should I Get An Attorney After a Car Wreck in New York City?

Having an accident lawyer by your side while pursuing a car accident claim can greatly increase your chances for success. At Rosenberg, Minc, Falkoff & Wolff, LLP, we pledge to take these ten steps in every case we take:

  • We will investigate the crash by taking photographs, interviewing witnesses, preserving the evidence, and obtaining police reports to PROPERLY prepare your case.
  • Visit your home or hospital room if you are unable to come to us.
  • Prepare and properly file the no-fault insurance forms within the necessary time limits.
  • Never charge you a fee or expense unless we win your case.
  • Assist you in finding a private doctor that accepts no-fault insurance.
  • Obtain reports from doctors and hospitals necessary to properly present your case.
  • Investigate your claim, including how much insurance is available for your claim.
  • An experienced auto accident lawyer will always represent you.
  • Arrange a loan if you are in financial need.
  • Never settle your case unless you are fully satisfied.

What Type of Compensation Can I Claim for My Car Accident?

In any car accident in which another party was responsible, you have the right to pursue certain damages. Damages are a legal term referring to financial compensation. Depending upon what occurred in your case (or if a loved one has been seriously injured or killed), two types of damages are sought: Economic and non-economic. These two forms of compensation equate to:

  • Costs of medical care, current and estimated for the future
  • Hospital costs
  • Rehabilitation costs
  • Costs related to skilled nursing
  • Costs of home remodeling for wheelchair access, etc.
  • Loss of income from work
  • Loss of earning capacity
  • Loss of quality of life
  • Pain and suffering

To find out what you can claim in your case, speak to a New York City car accident lawyer.

How Do Insurance Companies Affect My Car Crash Claim?

Insurance companies are always looking after their bottom line. They do not have your best interests in mind. In fact, auto insurers have a single goal: to pay out as little as possible on your claim.

At Rosenberg, Minc, Falkoff & Wolff, LLP, our New York City accident lawyers understand how insurance companies operate and the tactics that they employ. We battle insurance companies every day and will not let your case settle for less than fair value.  If you are not being treated fairly, we will not hesitate to take your case to trial.

New York City Auto Insurance Laws

Vehicle operators in New York are required to carry a certain level of auto insurance; however, it should be noted that not all drivers in the city are live in the state and may have a different amount of insurance coverage than the required in our state.

New York is a “no-fault” state. The law is called the Comprehensive Automobile Insurance Reparations Act and outlines what an injured person can and cannot do with regard to seeking compensation for damages. To learn more about this law, speak to an NYC auto accident lawyer.

What is Considered a “Serious Injury” in Car Crash Cases?

One of the most important aspects of this law is the definition of a “serious injury”, which will come into play in filing a lawsuit against a negligent driver. The right to recover damages for non-economic damages, such as pain and suffering, can only be filed in cases of serious injury per the definition, which is in essence, an injury resulting in:

  • Death
  • Dismemberment (loss of limb)
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of an organ, member, function, or body system
  • Medically-determined injury or impairment which limits the victim’s ability to perform normal daily activities for not less than 90 days

NYC-Car-Accident

What Are the Statute of Limitations for a Car Accident Claim in New York?

You have limited time in which to file a claim or lawsuit in New York. Personal injury cases allow for three years from the time of the incident in which to file, as outlined in N.Y. C.P.L.R. § 214(5). Many people falsely believe that there is plenty of time in which to file a lawsuit to seek compensation. In fact, your car accident injury case should be initiated as quickly as possible after the incident.

Eyewitnesses to the accident must be interviewed before they become difficult or impossible to find, and all supporting evidence must be identified and preserved. Our accident investigation team is one of the best in the nation and can to go to work for you now.

How Do I File a Car Collison Claim in NYC?

The process of filing a car accident claim moves through several phases. These steps must each be handled correctly, including investigations, filings, negotiations, and court appearances, when necessary.

Our New York City car accident lawyers have unlimited resources to bring to the table, including professional accident investigators, medical experts, and other respected professionals to provide supporting evidence for your case. The steps in filing a car accident claim follow this general sequence:

  • Step One: A full investigation into the facts of the accident, including the accident scene, the damage to the vehicles involved, a review of the police report, and interviews with eyewitnesses.
  • Step Two: An evaluation of the long-term impact of the injuries sustained upon your future ability to enjoy life, earn a living, and the projected costs of future medical care or other costs. Pain and suffering is part of the damages that will be pursued in a car accident claim or lawsuit.
  • Step Three: Initially, a demand letter may be sent to the insurance company, along with the supporting documentation to establish that the amount of money sought is legitimate and fair.
  • Step Four: Negotiations are begun to attempt to settle the case without taking it to civil court. The skills with which these negotiations are conducted has everything to do with whether they are successful – and we have some of the toughest negotiators on our team.
  • Step Five: Should the insurance company or other liable party fail to make a fair offer, we will proceed to file a formal legal complaint in civil court. If the insurance company makes a settlement offer that reflects the damages in your case, it can be accepted, at which point the case is concluded. If not, the case can move forward to trial.
  • Step Six: The first step in a civil trial is called discovery, in which all of the information about the car accident is shared between the insurance company lawyers and our team. You, or others, may be asked to sit for a deposition to gain more information about exactly what occurred.
  • Step Seven: Your case is prepared for presentation in civil court. While many NYC car accident attorneys avoid taking a case to trial, this is not the case at Rosenberg, Minc, Falkoff & Wolff, LLP, as we are trial attorneys with a reputation for excellence. In fact, we have achieved two of the top 30 highest injury awards in New York state.
  • Step Eight: Your case is decided by a jury of your peers. In civil court, unlike criminal court, has a lower standard of proof, called “a preponderance of the evidence,” which means that the car accident likely occurred in the manner showed the jury in our professional presentation of evidence and testimony in court.

Can I Pursue A Wrongful Death Claim If Someone Died in the Car Crash?

Some car accidents are so serious that the injuries sustained prove to be fatal. In a case in which a driver or passenger was killed due to the negligent act of another, a wrongful death claim can be filed on behalf of specific family members.

While it may be difficult to consider getting involved in a legal matter after losing your loved one, failing to do so could leave your family struggling to make ends meet. A wrongful death claim in a car accident case makes it possible for certain members of the family to pursue the following types of compensation:

  • Lost wages due to death
  • Cost of lost benefits (medical, pension, annuity, etc.)
  • Loss of various services to a surviving spouse
  • Loss of parental guidance, care, and advice
  • Pain and suffering experienced prior to the death
  • Costs of medical care and treatment prior to death
  • Funeral and burial costs

To properly determine the compensation amount, we thoroughly evaluate all aspects of the economic losses suffered by the family member, a complex calculation that involves reviewing any wage increases that were likely to have occurred over the lifetime of the individual. The personal consumption costs of the family member who died must be subtracted from the total losses.

Our team of litigators at will work diligently and professionally to pursue the maximum amount possible under the EPT, Article 5 (Estates, Powers, and Trusts).  Some cases allow for punitive damages – damages intended to punish the wrongdoer.

Number of Car Crashes in New York City By Neighborhood in December 2018

NYC Car Accident Statistics 2018

According to traffic data from the NYPD, there were 19,308 auto collisions across New York City in December 2018 alone. Queens saw that majority of these crashes, as 5,804 accidents occurred there. Brooklyn was a close second, witnessing 5,488 wrecks.

If you or a loved one was injured in these crashes, please call an NYC auto accident attorney to find out what you can do next.

Get the New York City Car Accident Attorney You Deserve

Our NYC accident lawyers are here to level the playing field and to relentlessly pursue justice and full compensation for all damages. We handle every detail of your claim or lawsuit, from start to final resolution – and we never charge a fee unless we win. With a success rate of over 95%, you can be confident that your case will be managed with the highest level of professionalism and legal skill.

Contact the experienced New York City car accident lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP today for immediate assistance in a case of serious injury or death. No fees unless we win for you.