Bronx Car Accident Lawyer
Many people think that in order to recover damages from a car accident that they need to go to court and endure a lengthy trial. In reality, the vast majority of car accident cases never see a courtroom.
Bronx car accident lawyers work with clients who have been injured in car accident cases to present the evidence in their case to the insurance companies and to get those clients the fair compensation that they deserve.
If you have been injured in a car accident due to the negligence of another driver, contact a compassionate accident attorney today.
Negligence and Damages
Most car accident cases are pursued under the legal theory of negligence. Simply put, negligence happens when a person has a duty to protect another, but, through action or inaction, causes harm to occur.
Specifically, there are five criteria, or elements, that must be met for a successful negligence claim:
- Duty – Duty is created when a person has a responsibility to protect other people. Whenever a person drives a car, they assume a duty to protect other drivers, passengers, and pedestrians.
- Breach – To bring a negligence claim forward, a driver’s duty must be broken. This is known as a breach of duty. This can be done by either taking an action to make others less safe, or in failing to take an action to prevent harm. Examples common in car accident cases include speeding, or failing to come to a stop at a red light.
- Cause – The plaintiff must demonstrate that their injuries were caused by the defendant’s breach of duty. One common tactic for insurance companies is to attempt to attribute a plaintiff’s injuries to a pre-existing condition.
- Scope – The plaintiff must show that their injuries were foreseeable in the present situation. Car accidents can often result in serious injuries, so this is not often in dispute in car accident cases.
- Damages – Lastly, the plaintiff must have suffered actual physical injury due to the accident.
Statute of Limitations
Another aspect of a car accident negligence case to consider is the statute of limitations. The statute of limitations is a law that sets a time limit for any claim to be filed in court.
Specifically, New York has created a three-year statute of limitations for negligence claims under NY CPLR § 214. Three years may seem like a long time. However, in cases with extensive medical treatment, the documentation of a plaintiff’s injuries may take years to become fully developed. Time is of the essence, contact Bronx car accident attorneys today.
Every car accident case is unique. However, there are some steps that almost always occur. First, the police will have written a report concerning the accident. This is always a valuable tool for attorneys as it gives them a neutral opinion on the facts of the accident.
Likewise, if insurance companies are presented with a police report placing their driver as the at-fault party, cases can settle quickly. mNext, all people involved in car accidents should seek out medical treatment for their injuries. Not only does this make them healthy again, but it also provides all important evidence of that person’s injuries and bills.
When attorneys are able to provide this evidence to insurance companies, in many cases the claim is quickly settled. However, if a complaint does need to be filed in court, car accident attorneys from Goldstein and Bashner will work to author a well-reasoned complaint, will speak with all witnesses, and prepare you to testify. Do not be bullied by the insurance companies, contact today.