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 today to discuss what legal options may be available to you and what you should expect through the claims process.
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 New York law, car drivers are entitled to compensation for medical expenses and lost wages no matter who is at fault—this is part of the no-fault insurance all drivers are required to have. You, or a Long Island car accident lawyer on your behalf, are only able to bring a legal action in court to recover compensation for pain and suffering if you have sustained a serious or permanent injury.
A “serious injury” is defined by New York law as one that results in one of the following:
- 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 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. No-faultmeans that in the eyes of the law, no-fault is assigned. Those who are injured in a car accident must simply go through their own insurance company in order to receive benefits and recover losses. In many cases, that is the only recourse they have available.
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 that was at fault.
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.
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 will be working with a lawyer who can truly empathize with the pain and anxiety you are going through. Our auto accident attorneys have family members who are disabled and continue to face the aggravation and pain of a permanent injury. We want to make sure that you are fully compensated for your injuries so that you and your family are taken care of without financial worries.
By: Ed H.
Title: Very Happy
I was very happy with Goldstein and Bashner as my law firm, they always got back to me on any question I had. I recommend them to several of my friends and they also have been very happy with them. I appreciate the time they put in to my accident. Thank you