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New York Car Accident Lawyer

New York City Car Accident Lawyer

Slawomir Platta, Esq. Founding Partner

Call The Platta Law Firm for a free consultation if you or a loved one has recently been injured in a car accident in New York City, New York.

You have rights as a crash victim, which can give you the opportunity to recover much-needed compensation for medical expenses, disability, and harder-to-value struggles. Getting the money you deserve from an insurance company, a negligent driver, or another liable party can be tough.

Working with our New York car accident lawyers can help you force the financial award you deserve. The Platta Law Firm offers powerful and personalized legal representation to injured New Yorkers. We’re award-winning litigators backed by over 150 years of combined experience who’ve helped clients win hundreds of millions of dollars in settlement agreements and verdicts at trial.

We’re ready to go to bat for you and your rights in the wake of a serious car accident in New York, too. Get started by calling our NYC law office at (212) 514-5100 to discuss your car accident case for free. We’re here to help 24 hours a day.

Choosing The Platta Law Firm Makes a Difference After You Get Hurt in a Car Accident in New York City

With one opportunity to seek damages after a New York City car accident, you have to make the most of it. It’s why crash victims and families in NYC turn to The Platta Law Firm for help with these types of high-stakes, high-value legal claims. Our New York personal injury lawyers are recognized as:

  • Lawyers of Distinction
  • Just Great Lawyers
  • Best Personal Injury Lawyers in New York City by Expertise.com
  • “Excellent” rated litigators on Avvo
  • The Nation’s Top One Percent by The National Association of Distinguished Counsel
  • Best of the Best Attorneys
  • Power Lawyers
  • 10 Best Attorneys for Client Satisfaction by the American Institute of Personal Injury Attorneys
  • Best Attorneys of America

Perhaps more importantly, we have 180+ five-star reviews from former clients on Google. These reviews highlight the compassionate, trustworthy, and transparent legal representation we provide to each and every client, as well as the life-changing case results we’re able to achieve time and time again. We know the ways insurance companies operate. We know that the adjusters and their multi-million-dollar employers won’t put your needs and best interests first.

We want you to know that you can count on our NYC car accident attorneys without hesitation or concern. Focus on recovering from your crash-related injuries and trauma. Count on our top-rated legal team to invest the kind of hands-on experience, in-depth knowledge of New York car accident law, and winning legal strategies that will be required to win your case and maximize your damages.

We recover millions for our clients every year. Our case results don’t just set records, they change lives. Discover how we can make a difference in your life in the wake of a serious car crash by contacting our NYC law office today. We proudly represent clients in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Long Island, Rockland County, Westchester County, and the greater NYC metro area.

Representing Clients in All Types of New York Car Accident Cases

At The Platta Law Firm, we have a proven ability to help clients who’ve been hurt or have experienced the wrongful death of family members in all types of car wrecks:

  • Rear-end collisions: the front end of one vehicle crashes into the rear end of the vehicle it’s following
  • Head-on collisions: the front ends of two vehicles collide head-on
  • Rollovers: a vehicle rolls to its side, onto its roof, or over entirely
  • T-Bone accidents: the front end of one vehicle collides directly with the side of another vehicle to make a “T” shape
  • Hit and run accidents: in a hit and run, the driver leaves the scene of a collision without exchanging information or waiting for the police
  • Sideswipe accidents: a vehicle is struck or grazed on the side by another vehicle
  • Single-vehicle accidents: car accidents involving one vehicle
  • Chain-reaction collisions: pile-up car accidents involving multiple vehicles
  • Uninsured driver accidents: accidents with drivers who don’t have car insurance
  • Fatal car accidents: car accidents in which at least one person is killed
  • Accidents involving commercial vehicles: accidents involving cars and larger commercial vehicles, including buses, trucks, taxis, and delivery vans
  • Uber and Lyft accidents: accidents involving rideshare vehicles for Uber and Lyft
  • Intersection accidents: car accidents that occur at or near the intersection or two or more roads

No two car accidents are the same. Every crash is unique. It’s important to hire a personal injury attorney in NYC who appreciates how each type of crash is different, the evidence and facts that might help to move the needle in a particular situation, and knows which arguments and strategies can be most useful in building a case like yours.

Leading Causes of NYC Car Accidents

Tens of thousands of car accidents happen across New York City’s five boroughs every year. Statistically speaking, more than 90 percent of these accidents can be attributed to human error and negligence. Specifically, some of the most common causes of car accidents include:

  • Speeding
  • Unsafe lane changes
  • Illegal turns
  • Texting and driving
  • Distracted driving
  • Following too closely
  • Driver fatigue and falling asleep at the wheel
  • Failing to yield the right of way
  • Blind spot errors
  • Aggressive driving
  • Road rage
  • Illegal use of a lane
  • Drunk driving
  • Unsafe passing
  • Disregarding a traffic signal

While less common, other factors like vehicle defects, bad weather, road construction, and road defects like potholes or uneven pavement contribute to car accidents in New York City, too.

Understanding No-Fault Car Accident Laws

New York is a “no-fault” insurance state, which means that you’ll be required to file a claim with your insurance company after a car accident, even if you didn’t cause the collision. Pursuant to state law, all vehicles registered in New York must be covered by minimum amounts of car insurance coverage, including:

  • Property damage: $10,000 per accident
  • Uninsured motorist coverage: $25,000 per person and $50,000 per accident
  • Personal Injury Protection (PIP): $50,000 per person in PIP benefits
  • Bodily injury: $25,000 for crashes involving one person and $50,000 for crashes involving two or more people

When you’re involved in a car accident, these benefits are intended to cover the costs of your medical bills, lost wages, and other crash-related damages. If you can prove that your injury is “serious,” as defined by New York State law, you can seek additional compensation from the at-fault party.

What’s the Severe Injury Threshold?

What’s the Severe Injury Threshold

New York’s Severe Injury Threshold is a law that provides car accident victims with the right to file a personal injury lawsuit after a collision. In order to bring a lawsuit against a negligent or otherwise liable party, a victim’s injuries must be “severe,” as defined by Insurance Law § 5102(d). Once you’ve exhausted your no-fault benefits, you could file a car accident lawsuit for additional compensation if your injury involves:

  • Dismemberment
  • Significant disfigurement
  • Bone fractures
  • Loss of a fetus
  • Permanent loss of use of a body function, organ, system, or member
  • Permanent consequential limitation of a body part or organ
  • Significant limitation of a body system or function

If you suffer a “non-permanent” injury that significantly interferes with your ability to perform your “usual and customary daily activities,” for at least 90 days in the 180-day period following the car accident, that injury can also qualify as “serious” under 5102(d).

Who Could Be Liable for My Car Accident Injuries?

While your car insurance policy will be the primary source of compensation for you after a car accident in New York City, you could still have the opportunity to pursue additional damages from someone who caused your collision. In New York, liability – or the financial responsibility for another’s injuries and suffering – extends to anyone who contributes to a car accident. Depending on how and why your traffic accident happened, you could potentially have a claim against a:

  • Driver of another passenger vehicle
  • Commercial vehicle driver
  • Government agencies like the MTA
  • Public or private transportation service
  • Vehicle manufacturer
  • Bicyclist
  • Pedestrian
  • Motorcyclist
  • Vehicle mechanic
  • Car rental company
  • Negligent party’s employer

Liability is proportionate to fault. The more a party contributes to a New York City car accident in which you’re injured, the more you can expect them to pay for your medical care, lost wages, disability, and emotional distress. The Platta Law Firm knows how to investigate your accident to pinpoint the cause, determine who’s at fault, and gather evidence needed to establish liability so that they can be held accountable for your injuries, costs, and suffering. Call our legal team in New York City to learn more about how we can help you after a crash today.

How Much Can I Recover in a New York Car Accident Settlement?

No two car accidents are the same. No two car accident victims suffer the same injuries or face the same challenges in the days, weeks, months, and (sometimes) years after a collision. So, there really is no average car accident settlement. Ultimately, the amount of money you’ll be able to recover through a car accident settlement (or through a jury award if your car accident lawsuit goes to trial) really depends on how the crash has affected your life. It’ll be important to consider:

  • The types of injuries you’ve suffered in the wreck
  • Whether those injuries can be classified as “serious” under New York state law (giving you the opportunity to seek damages above and beyond what your insurance company will pay)
  • Any changes in your short-term and/or long-term ability to work
  • Changes in your day-to-day quality of life
  • Shared responsibility for the auto accident
  • Available insurance benefits and policy limits
  • How old you were at the time of the crash
  • Your life expectancy
  • Out-of-pocket expenses related to the car accident
  • If you were injured in a work-related car accident (and therefore give rise to additional benefits through your employer’s workers’ compensation policy)

The more severe an injury, the more a related tort claim could be worth. Medical expenses for severe injuries – including spinal cord injuries, extensive burns, multiple fractures, brain injuries, and amputations – can cost anywhere between tens of thousands of dollars and millions of dollars on their own.

Catastrophic injuries like these also tend to lead to longer stretches away from work, greater out-of-pocket costs, and a greater degree of emotional distress and suffering. Since all of these factors have to be considered when calculating what your car accident claim could be worth, the potential recovery when injuries are severe can be quite high.

Don’t underestimate what your car accident insurance claim or lawsuit might be worth, especially if your injuries aren’t “severe.” Even minor or moderate trauma can be costly, disruptive, and financially chaotic. You deserve compensation for all of these consequences – especially when someone else is to blame. Partner with The Platta Law Firm and count on our top-rated car accident attorneys in NYC to fight for every cent you deserve.

What Types of Damages Can I Get After a New York City Car Accident?

New York gives you the ability to seek two types of compensatory damages after a car accident in New York City – economic and non-economic. In a very limited number of situations, punitive damages could potentially be awarded, as well.

Economic Damages

You shouldn’t have to navigate the financial consequences of a car accident alone. Economic damages are designed to make you whole by covering your current and future crash-related expenses. These often include money for:

  • Medical bills
  • Lost wages and disability
  • Reduced earning capacity
  • Rehabilitation
  • Property damage

If a car accident in NYC is fatal, economic damages for the costs of the victim’s funeral and burial can be awarded to surviving heirs in a wrongful death claim.

Non-Economic Damages

Car accidents don’t just cause financial problems for crash victims. They also disrupt lives and cause extraordinary emotional distress. Non-economic damages are intended to acknowledge these just-as-important consequences of car accidents in NYC. Non-economic awards often include money for:

  • Pain and suffering
  • Mental anguish
  • Loss of consortium
  • Loss of enjoyment of life
  • Inconvenience
  • Physical disfigurement
  • Scarring
  • Post-traumatic stress disorder

Pain and suffering damages are calculated using different methods. Sometimes, a multiplier system is used to account for the extent to which a person’s life has been disrupted. That multiplier, which is typically a number between 1 and 5, is then applied to the total value of any economic damages that you’re also awarded in the claim. For instance, if a multiplier of 4 was used in your car accident claim and underlying economic losses were valued at $100,000, your non-economic damages would equal $400,000 (4 x $100,000).

The more severe the injury and the more your life is changed because of the traffic accident, the higher the value and, in turn, the higher your non-economic award. Other times, a per diem method is used, where pain and suffering damages are given a monetary value and awarded for a set number of days.

Punitive Damages

Punitive damages are rarely awarded in New York car accident cases. They’re restricted to situations where a jury determines by clear and convincing evidence that a defendant’s actions were malicious, wanton, or so reckless that they consciously disregarded the plaintiff’s safety. New York does not have a statutory cap on punitive damages, but in accordance with relevant case law, they must be reasonable and proportionate to the harm caused.

How Can a New York Car Accident Lawyer Help me After a Crash?

When to Hire a Car Accident Lawyer

Car accidents are stressful. Your life can change forever in a single moment when you’re involved in a crash. New York’s car accident laws, insurance requirements, and procedures can be overwhelming and confusing unless you navigate them every day. That’s why it’s important to hire an experienced New York car accident attorney to help you in the wake of a collision.

The Platta Law Firm will take the stress and headache of litigation off of your shoulders, giving you the time you need to rest, recover, and pick up the pieces of your life. When you ask us to take charge of your car accident claim, you can expect us to:

  • Explain your legal rights and options. Our job involves making sure you have all of the information you need to make smart, informed decisions throughout the claims process.
  • Investigate your car accident independently of the insurance company. We don’t let the insurance company dictate the terms of your case, and that all starts by making sure we’re confident that we have all of the information needed to make your claim a success. We’ll conduct a thorough, in-depth investigation into your crash to fully understand why it happened, how it might have been avoided, and who’s at fault.
  • Gather evidence to move the needle in your favor. We know which evidence can be most helpful as you seek insurance benefits and/or damages in a lawsuit – including accident reports, police records, forensic reports, property damage, dash cam footage, cell phone records, and eyewitness testimony.
  • Consult expert witnesses who can help us strengthen our legal arguments. Experts can play an important role in a car accident case, providing key insight and expert input on non-legal aspects of your case, particularly related to medicine, rehabilitation, vocations, and forensics.
  • Anticipate and protect you against attempts to blame you for your New York car accident. Getting blamed for a car accident can have serious implications when you seek damages. The insurance company won’t hesitate to point fingers and blame you for a wreck, even if there’s no evidence to back up these allegations. Our personal injury attorneys in NYC will develop strategies to counter these efforts and safeguard your opportunity to recover maximum damages.
  • Negotiate with the insurance company on your behalf. Whether you’re filing a first-party claim with your insurance carrier or a third-party claim with a negligent driver’s insurer, we’ll handle negotiations on your behalf. The insurer is more likely to act in good faith, engage in meaningful settlement conversations, and ultimately offer a higher settlement when you have an attorney involved.
  • Take your car accident lawsuit to trial (if necessary). If the insurance company refuses to settle or consistently tries to force you to take a lowball settlement offer, our team of successful New York litigators won’t hesitate to bring your lawsuit to a jury. Our ability to win high-stakes legal disputes at trial is unparalleled, as demonstrated by our exceptional case results.

Your choice of car accident attorney matters after a crash in New York City. In a time when it’s hard to know where to turn for help or who to trust, know that you can always count on The Platta Law Firm. We opened our doors to make sure that every New Yorker has access to high-quality legal representation when their lives have been turned upside-down. Our goal isn’t just to help you recover compensation; it’s to make your life much easier in the wake of a devastating accident or loss.

Contact our multilingual New York City car accident attorneys today to learn more about why we’re the right choice for you. Your first consultation is always free.

NYC Car Accident FAQ

The more you know about your rights and your car accident case, the more likely it is that you’ll recover full compensation from the insurance company and other liable parties. Our car accident lawyers in New York City have taken the time to address some of the questions we’re asked most often by clients like you.

Can I Get Compensation if I’m Partly to Blame for a Car Accident?

It’s possible. However, New York’s pure comparative negligence rule applies to most car accident cases. Any damages you’re awarded through a settlement or jury award can be reduced based on your degree of shared blame. The more responsibility you bear for causing a collision in NYC, the more it’ll hurt your take-home financial award.

How Long Do I Have to Seek Compensation for my Car Accident Injuries?

Most car accident claims in New York City have to comply with a three-year statute of limitations.

There are some exceptions. If you’ve suffered the death of a loved one in a fatal NYC crash, a related wrongful death lawsuit must be filed within two years of the date of their passing. Other exceptions involve government tort claims against a NYC agency (in which you face accelerated timetables for providing notice and submitting a claim) and child injury cases (where a child can have until their 21st birthday to seek damages if a claim isn’t filed on their behalf). You lose the right to seek damages from a responsible party if you miss the filing deadline for your specific case.

What Does It Cost to Hire a Car Accident Attorney in NYC?

Our NYC car accident lawyers offer contingency fee legal services, so there’s no out-of-pocket cost to hire us to help you after a crash. We only get paid when we win money for you. Fees are highly regulated in the legal field and typically reflect a percentage of the financial award we obtain on a client’s behalf. If we don’t win your car accident case, you pay nothing at all.

How Do I Choose the Best Car Accident Lawyer?

There’s no shortage of car accident lawyers in NYC. How do you choose the best one for your case? It’s important to look for an attorney with experience handling cases like yours, access to resources that can rival those available to the insurance company, and a demonstrated ability to win. A great way to search for a car accident attorney is by asking friends and family members for recommendations, checking out attorney reviews on Facebook and Google, and setting up free consultations with law offices near you. During a free consultation, you can learn about:

  • The law firm’s experience handling personal injury cases like yours
  • Specific case results the personal injury law firm has achieved
  • Whether your case is likely to be handled personally or farmed out to other attorneys or legal staff

You also need to trust your gut and hire a car accident law firm that you can trust and rely on. You can use a free consultation to decide if the lawyer you’re meeting with seems like they’re genuinely interested in helping you or if you’d just be another case in their overflowing portfolio. The Platta Law Firm strives to provide legal counsel that’s transparent, honest, and personal. We take an interest in each client’s story and fight for them as if they were our own family. Call us to discuss your car accident case for free today.

What Are Some Common Car Accident Injuries?

Some of the most common types of car accident injuries in New York City include:

  • Back injuries
  • Neck injuries
  • Whiplash
  • Crushing injuries
  • Chest injuries
  • Brain injuries
  • Dental injuries
  • Spinal cord injuries
  • Paralysis injuries
  • Burn injuries
  • Amputation injuries
  • Degloving injuries
  • Leg injuries
  • Knee injuries
  • Cuts and lacerations
  • Soft tissue damage
  • Catastrophic injuries
  • Wrongful death

Always report a car accident to the NYPD and seek a medical assessment at the closest hospital after you’re involved in a wreck. These steps can be vital in documenting the accident and resulting injuries, and prove to be critical pieces of evidence as you move forward with your car accident claim.

How Often Do Car Accident Claims Go to Trial?

Not often. Statistics suggest that only 4 to 5 percent of personal injury cases – including car accident disputes – get in front of a judge and jury. However, at The Platta Law Firm, we prepare for every case as if it will go to trial. This means we always invest the time and resources needed to make each client’s case as strong as possible.

What Happens if My Car Accident Involves an Uninsured Driver?

New York’s no-fault rules help to lessen the impact of car accidents involving uninsured drivers. Since you’re required to file a claim with your insurance company first, you’ll have money available to you to help with medical expenses and lost income. However, car accidents can be costly and damages often exceed minimum policy requirements. If the at-fault driver is uninsured, it could become difficult to recover additional compensation.

That’s why New York requires drivers to add uninsured motorist coverage (UM) to their car insurance policies. UM takes the place of the car insurance coverage that the at-fault driver should have had in place. You can file a claim with your insurer for these additional benefits. Our car accident lawyers in New York City, NY, can also help you sue the at-fault driver directly, as well as anyone else who might have contributed to your injuries.

What Should I Do After I Get into a Car Accident in NYC?

The things you do (and don’t do) after a car accident matter.

  • Report the car accident to the NYPD and move to a safe location near the scene of the crash
  • Exchange personal information and insurance details with other parties while you wait for first responders
  • Resist any pressure to apologize for the accident or accept blame – liability can only be determined once a thorough investigation has been completed
  • Take pictures at the scene and document anything that could be helpful evidence for a car insurance claim or lawsuit
  • Provide short, concise answers to police questions without adding unnecessary details
  • Get to the closest emergency room near you in New York City for a thorough medical evaluation
  • Refuse to provide the insurance company – yours or someone else’s – with a recorded statement until you’ve consulted a car accident lawyer near you
  • Get a copy of your police report, your medical records, and your income history
  • Contact an experienced New York City car accident attorney to represent you in all conversations and negotiations with the insurance company and other parties

The Platta Law Firm knows that car accidents can be anything but convenient. Many happen in the late hours of the night, on long holiday weekends, or when life is overwhelming. That’s why we’re always available to help – morning, noon, or night. Don’t hesitate to contact our New York City law office serving the Bronx, Brooklyn, Queens, Manhattan, Staten Island, Rockland County, Westchester County, and other local areas right now.

Call The Platta Law Firm for a Free Car Accident Case Evaluation Today

Increase the odds of winning your car accident case and recovering full compensation for your crash-related injuries by calling The Platta Law Firm today. Our New York car accident lawyers in NYC are award-winning litigators who can offer 150 years of combined experience. As fierce legal advocates who don’t rest until each client has achieved the best possible outcome in their case, we’ve won hundreds of millions in damages.

We force insurance companies, vehicle manufacturers, agencies within New York City’s government, and other powerful defendants to do right by our clients. Now, we’re prepared to leverage our considerable experience, resources, and reputation to effect positive change in your life after a collision, too. Contact our NYC law office at (212) 514-5100 to get started with your free case review.

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Client Testimonial

"I had a terrible motor vehicle accident when another driver hit me from the side. My chest and neck were in agonizing pain. The other driver’s insurance company made me feel guilty for the accident but thats when Mr. Platta stepped in and fought on my behalf. Incredible attorneys and the whole staff was a pleasure to work with.

– Bożena Rybińska