Long Island Car Accident Lawyer

People are injured in car accidents in New York on a daily basis, and a serious car accident can change your life. If you have been severely injured in a car accident in New York, you may be able to sue for compensation for pain and suffering. An experienced Long Island car accident attorney can review your case to determine if you should file a lawsuit for your injuries. Call our personal injury attorneys today to discuss what legal options may be available to you and what you should expect through the claims process.

Common Causes of Car Accidents

Car accidents in Long Island occur for a wide range of reasons, many of which are entirely preventable. Distracted driving remains one of the leading causes of collisions, whether from cellphone use, navigation systems, or inattention to traffic conditions. Speeding, drunk driving, and aggressive behaviors such as road rage incidents also contribute to a significant number of serious crashes each year.

Other frequent causes include improper passing, wrong-way driving, and mechanical defects that impair vehicle performance. Certain accidents, such as rear-end collisions, t-bone accidents, head-on collisions, rollover accidents, and multi-vehicle pileups, often result from a combination of driver error and roadway conditions. Construction accidents caused by lane shifts, poor signage, or uneven pavement are also common. A Long Island car accident attorney could investigate the circumstances surrounding your crash to determine which factors contributed and who may be legally responsible.

Common Injuries

Car accidents come in many different forms; they may include rear-end collisions, failure to yield accidents, hit and runs, parking lot accidents, or head-on collisions, side impact and rollover collisions, and they may involve pedestrians, teen drivers, rental cars, trucks, motorcycles, or other vehicles on the road.

Under the New York law, drivers may seek compensation for medical expenses and lost wages regardless of who caused the crash through the mandatory no-fault insurance system. You or a Long Island car accident lawyer on your behalf may pursue a court action for pain and suffering only if you sustained a serious or permanent injury.

New York law defines a “serious injury” as an injury that results in one of the following conditions:

• Death
• Dismemberment or significant disfigurement
• A fracture
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of the use of a body function or system
• Medically determined injury or impairment that changes your life during the first 90 out of 180 days following the car accident

What is No-Fault Insurance?

It is a mistake for those in a car accident to automatically think they can sue the other driver if they were at fault. Unlike states in which someone could file a lawsuit for damages with tort or at-fault laws, New York uses the no-fault rule when determining liability in car accidents. Under the no-fault system, the law assigns no fault to either party for purposes of initial insurance benefits. After a car accident, an injured person must submit a claim through their own insurance carrier to receive benefits and recover covered losses. In many situations, this process serves as the primary avenue for recovery.

Under no-fault insurance law, injured individuals can claim up to $50,000 in damages through their insurance. This means that their insurance company should pay up to $50,000 of expenses related to a specific car accident in Long Island. However, there are some exceptions to this rule, and some injured drivers may be able to file a lawsuit against another driver who was at fault.

Compensation and Damages Available

After a car accident, an injured person may qualify for several forms of compensation based on the severity of the injuries and the circumstances of the crash. Through no-fault benefits, an injured driver may seek payment for medical expenses and lost income up to the policy limits. When a serious injury occurs, the injured party may also pursue additional damages through a liability claim against the at-fault driver.

Recoverable damages may include future medical expenses, diminished earning capacity, permanent disability, property damage, and pain and suffering. Non-economic damages, such as emotional distress, are also compensable in qualifying cases. In situations involving particularly reckless conduct, punitive damages may be available. Compensation may also be pursued through uninsured or underinsured motorist insurance coverage when the at-fault driver lacks sufficient insurance. A Long Island car accident lawyer can evaluate your situation and identify every available category of damages.

What is the Statute of Limitations for Filing a Car Accident?

Dictated by the statute of limitations, a person has two years from the date of the accident to file a lawsuit against a negligent driver. However, it is beneficial for a person to file a claim as soon as possible. Evidence disappears, witness testimony becomes unclear with time, and a person’s own memories of what happened could start to fade. It could be vital to seek the help of a Long Island car accident attorney who can help you adhere to the strict deadlines and recover compensation as soon as possible.

Contacting a Long Island Car Accident Lawyer

If you have been injured in a car accident, you should contact a Long Island auto accident lawyer immediately. At Goldstein and Bashner, we have extensive experience in handling car accident cases and will be able to advise you on your best course of action, whether it be settlement or trial. Our car accident attorneys in Long Island will review your case, and if the other driver was to blame, we will gather the evidence to prove it.

As a client of Goldstein and Bashner, you could work with a lawyer who understands the pain and anxiety that often follow a serious accident. Our auto accident attorneys have family members who live with permanent disabilities and continue to face the daily challenges that can come with long-term injuries. Our goal is to pursue the full measure of compensation available under the law so you and your family may address medical needs and financial concerns with greater stability. Call today to discuss your situation and learn about your legal options.