Car Accident Lawyer Brooklyn NY Representing Injured Victims of Car Accidents In New York
A car accident is often a terrifying experience. If you have been injured, the accident experience is even more frightening. By their very nature, car accidents in Brooklyn, or anywhere in New York – come as a shock, and you may not know what to do. Certainly you are focused on your injuries and on the damages to your vehicle. However, it is important that you take the steps necessary to ensure that you recover compensation for injuries and damages that were not your fault.
Seek Medical Care As Soon As Possible
It is essential to seek medical care after a car accident. Some injuries may not be immediately known. For this reason, it is necessary to get checked out by a medical professional as soon after the incident as possible. Be sure to let the physician know that you were hurt in a car accident, as this should be noted in the medical records. The failure to see a doctor could be perceived as an indication that your injuries were not serious.
Call the Police to Report the Car Accident
Whenever a car accident occurs, it is best to call the police. The officer will take statements from both parties, and will evaluate the car accident. The police officer will also gather information from witnesses. If there were surveillance cameras nearby, the police may obtain videos that show the crash. If the car accident involved a serious injury or fatality, a more detailed review of the scene may be necessary by performing accident reconstruction.
File a Car Accident Report with the DMV
If for some reason you decided to exchange information and not wait for police the New York law requires you to file a report with the NY Department of Motor Vehicles any time you were involved in an accident, unless the accident resulted in damages valued at less than $1,000. The form, called a Report of Motor Vehicle Accident, can be downloaded through the DMV website. You must complete detailed information about how the accident occurred and about any injuries or damages that resulted from the crash. The report should be filed within 10 days of the accident.
Gather Information about Your Injuries Sustained in A Car Accident
It is important to keep all information and documentation about your injuries because it may be used as evidence in court. Keep records and notes about your injuries, including diagnosis and treatment. Car accident cases can take a while to be resolved. In the meantime, you could forget about some of the important aspects of your medical care. Many car accidents are complicated. Your Car Accident Lawyer Brooklyn NY will need to review all of your information when developing your case.
Limit Discussions with the Insurance Company
It is likely that you will be contacted by a representative of the insurance company to discuss the accident. The insurance company is concerned about whose fault the accident was, and in making a payment. If they offer you a settlement, do not accept it until you review the details with a lawyer. It is advisable to speak with an experienced New York Personal Injury Lawyer before talking to the insurance company. Your lawyer will determine how to proceed, and will be able to represent you in negotiations if they are necessary.
Understanding Pure Comparative Negligence in New York
New York uses a system called pure comparative negligence when determining fault in an auto accident. Pure comparative negligence means that all involved parties are assigned a portion of negligence. Then, damage compensation is allocated based on this assignment. This means that you may be partially at fault for an auto accident and still be able to collect money for damages.
For example, in an accident with one other party, you are found to be 10% at fault and the other driver is found to be 90% at fault. If your damages totaled $100,000, the other party would be liable for $90,000 because they were reduced by 10% to account for your portion of responsibility. Comparative negligence can be quite complex. If a case goes to court, the judge may make the assignment of negligence based on the facts presented.
Keep in mind that for car accidents with non-severe injuries, parties are held to the “no-fault law” and victims are required to go through their own insurance companies first. If your injuries are considered serious, this is typically not applicable. Also, pure comparative negligence applies to cases that go through the courts, and insurance companies may not be required to utilize this system when determining fault and payouts.
Determine Medical Costs and Other Damages
The medical costs for serious injuries can add up quickly. The expenses can be astronomical for severe injuries that require surgery or extended treatments. Other medical costs include prescription medications, rehabilitation, and ongoing care. Damages may include money for pain and suffering, lost wages, and loss of enjoyment of life. The responsible party should pay these costs. In some instances, legal action is necessary to get the compensation you deserve.
There Are Time Limits to File a Personal Injury Claim: Statute of Limitation
The law limits the time to file a personal injury claim. This time limit is called the statute of limitations. In New York, the time limit to file personal injury claim is generally three years from the date the car accident happened. A time limit is in place because the details of the situation can be forgotten after a period of time, and documentation may be lost.
Consult An Experienced Personal Injury Lawyer
An experienced Personal Injury Lawyer Brooklyn NY, understands the law and knows how to handle even the most complex car accident cases. Talk with an injury lawyer as soon as you can after the car accident. The sooner you get an Accident Lawyer involved, the better, because they will be able to immediately begin collecting important evidence in the case. The longer you wait, the more likely it is that important information is lost, or no longer available. Your injury attorney will discuss your car accident with you, answer your questions, and help determine how to proceed.
Contact Car Accident Lawyer Brooklyn NY of The Rybak Firm, PLLC for help.
If you suffered a serious injury as the result of a car accident in New York City area, do not go it alone. The skilled New York Car Accident Lawyer of The Rybak Firm, PLLC is available to assist you with your case. Contact The Rybak Firm, PLLC by completing a quick contact form on our website or by calling (718)307-5554 to schedule a Free Consultation today.
Car Accident Lawyer Near Me
Our offices are located in Brooklyn, NY. Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Car Accident Lawyers are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
Our office address is:
1810 Voorhies Ave
Brooklyn, NY 11235