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Car Accident Lawyer

You may find yourself in a situation where you need a car accident lawyer in New York. If that situation arises, you need to be sure to find a car accident lawyer who has the experience, knowledge, and skills to get you the resolution you deserve. Before you even start looking for a lawyer, there are several things you need to know about what to do after a car accident.
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What is the first thing to do after a car accident?

  • The first and most basic thing to do after a car accident is to shut off your car. New York law requires you to leave your car at the location of an accident, unless it is causing a hazard of some type.
  • If you have passengers, check to see if they are hurt.
  • Once you have checked for injuries, you should immediately contact 911. This will get the police and, if needed, an ambulance to the scene.

Should I speak with any other drivers who may be involved in the car accident?

  • The only conversation you should have with another driver involved is to exchange information, including driver’s license and insurance.
  • If possible, take a photograph of the other driver’s information. If not, make sure that you write it down.
  • Do not have any further conversation with the other driver, including how the accident happened, or if you or any of your passengers are hurt.

Should I take photographs of the scene of a car accident?

  • Yes, photos or video of the accident scene, including the vehicles involved and any visible injuries you sustained, can be very helpful later on.
  • Get any traffic lights or traffic control signs.
  • If there was anything in the vicinity that may have contributed to the accident, such as road construction or anything blocking a driver’s view of the roadway, or anything on the roadway make sure to include that.

What should I tell the police after a car accident?

  • Tell the police how the accident happened, and what pain you are feeling.
  • If your car accident was in New York City, the NYPD now only completes an accident report if someone was injured in the accident. That is why it’s important to let them know whether or not you are experiencing pain as a result of the accident.
  • Make sure you get the police precinct number of the officer making the report, so that you can obtain a copy of the report.

If I am injured in a car accident in New York, who is responsible for my medical expenses?

  • New York is a no-fault state. This means that your insurance company is responsible for paying for your medical treatment after a motor vehicle accident,
    up to $50,000.
  • If you are a pedestrian or bicyclist who is struck by a motor vehicle, that vehicle’s insurance will be responsible for paying your bills.
  • It is important that you contact your insurance company as soon as possible after an accident. You only have thirty days after an accident to apply for no-fault benefits, and failure to do so can put you on the hook for your treatment.

Why do I need a car accident lawyer?

  • If you are injured in a motor vehicle accident, you are going to want the best recovery that you can get. And the other side is going to have lawyers working to try to give you as little as possible. But with an experienced and skilled New York car accident lawyer on your side, you will have someone able to navigate any legal issues that arise, and deal with the lawyers on the other side.

Is it important that I get medical treatment if I am injured in a car accident?

To maintain a lawsuit arising out of a motor vehicle accident in New York, it is necessary that your injuries meet what is known as a threshold. This means that the injured party has sustained serious injuries, which the law defines as:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function or system
  • Permanent consequential limitation of a body organ or member
  • Significant limitation of use of a body function or system
  • Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

While some of these are obviously easier to establish than others, all require verifiable medical evidence to support them. That is why it is important that you seek medical treatment.

What if I do not feel pain right away after a car accident?

  • It is certainly possible that you will not immediately realize that you are injured. Sometimes, being in a traumatic experience such as a car accident can cause you to be in a state of shock, and you will not realize that you have been injured. Other times, the injury you have sustained may not be readily apparent, and the pain may develop over time. Whatever the reason, it is important to seek care as soon as you begin feeling symptoms, and make sure that your medical provider is made aware that you were involved in a car accident.

What if I am not happy with my current car accident lawyer?

  • Not every New York car accident lawyer is the same. You may have chosen an attorney that, for whatever reason, you feel is not doing the best for you. In New York, you are always free to seek out a new attorney, and to change to an attorney who will do more for you.

What compensation can I expect from a car accident?

  • If you have been injured in a car accident in New York, your lawyer can get you a recovery for such things as medical expenses, pain and suffering, and lost wages.
  • It is important to note that, in most cases, your recovery will be limited to the insurance policy in effect covering the other vehicle (or vehicles). That is why, if there were multiple people injured in the car accident, it’s important to act fast, as the policy would have to be divided among all the injured parties.

How long do I have to start a lawsuit if I have been injured in a car accident in New York?

  • The statute of limitations to bring a lawsuit for personal injury arising out of a car accident in New York is three years. That is another reason why it is important to find the right car accident lawyer, and to do so quickly. You need an attorney who can perform any needed investigation, gather evidence before it is lost, and get all necessary records prior to starting a lawsuit.
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The New York City (NYC) personal injury law firm, The Platta Law Firm, PLLC, represents clients in Manhattan and New York County, Brooklyn and Kings County, Bronx, Queens, Staten Island, as well as Nassau County, Long Island, Suffolk County, Rockland County, Westchester County, Harlem and throughout the State of New York.

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