If you have been seriously injured in an auto accident, you may be facing extremely trying times. In addition to the physical and emotional trauma of the accident itself, you may be dealing with financial problems caused by missed work and mounting medical bills. You need a strong advocate for your rights, who can take a stand and help you recover the financial compensation to which you are entitled.
As New York City car accident attorneys, we at Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. can provide the help you need. Whether we are presenting a case to the insurance adjustor or in court, our legal team works to make sure our clients receive the maximum compensation possible for the damages they sustain in auto accidents. We are here to help you rebuild and recover.
For a free consultation regarding your car accident, give us a call at (646) 681-7055 or contact us online.
Why Hire an Attorney to Handle Your Car Accident Claim?
When it comes to handling a motor vehicle accident claim, it must be handled right the first time. Injured parties have to follow specific filing and procedural requirements as they have only one chance to seek compensation for injuries and damages incurred in the accident. Missing a deadline or not having all the proper documentation, witness statements, and receiving medical treatment can all negatively impact a person’s ability to receive the maximum compensation. An experienced New York City motor vehicle accident lawyer can help prevent this regrettable outcome.
Looking for help after a traffic accident? Talk to an experienced and compassionate legal professional. Call Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. at (646) 681-7055.
Types of Compensation Available in NYC Car Accident Claims
After an auto accident, the value of your claim is a key issue to consider. What type of compensation may you be entitled to receive? How long will it take? These are matters best addressed by an experienced attorney. If we take on your case, our NYC car accident lawyers will spare no effort in determining every physical, emotional, and financial impact that your injuries may have on you now and into the future. This can help us determine the full and fair value of your claim.
Depending on the unique case, you may be entitled to compensation for:
- Damage to your vehicle
- Any and all medical expenses, including ongoing/future treatment
- Lost earnings, including loss of future earnings or earning potential
- Emotional trauma, such as pain and suffering
We need to carefully determine exactly how your injuries will affect your life, so we can help you recover a settlement or award that will truly make a difference.
Types of Negligence that Frequently Cause Car Accidents
Individuals injured in automobile accidents in New York City are legally entitled to compensation. These cases are known to be complex and are often the result of a driver’s negligence. Individuals that commit negligent acts fail to use the required and expected level of care while driving.
Some of the most common types of auto accidents result from:
- Driver Error/Negligence: When it comes to automobile accidents, negligence can arise under a variety of situations. One of the most common is driver error, where a driver fails to yield the right-of-way, follows too closely behind another, speeds, disregards a traffic control device, or is driving under the influence of drugs or alcohol.
- Distracted Drivers: The number of accidents caused by distractions is on the rise across the entire country. Drivers trying to read text messages, put on makeup, change the radio, or interact with other things within the car often causes them to look away from the road and collide with things they otherwise would have avoided.
- Improper Vehicle Maintenance: Individuals who fail to service or maintain their vehicles can cause accidents if a system or component on the vehicle fails. This can include brake failure, a part of the vehicle dislodging, or parts of the vehicle disengaging while driving.
- Negligent Roadway Design/Maintenance: Factors outside of the vehicle cause occasionally accidents. Holes or debris, construction work, poorly designed roadways, and traffic control issues can all contribute to accidents.
- Auto Product Liability/Defective Auto Parts: Litigation involving product liability in motor vehicle accidents is a common occurrence. These claims involve a defective part of a vehicle that caused an accident. Some common defects are tire blowouts, brake failures, or even complete mechanical failures. Improper vehicle design can lead to accidents as well.
Multiple factors often cause or contribute to a motor vehicle accident. Among the most common factor is the conduct of a negligent person. If an accident occurs, acting quickly can protect your legal rights and help guarantee your right to compensation.
To learn more, call (646) 681-7055.
Traffic Accidents: A Leading Cause of Injury & Death in the U.S.
Across the United States, traffic accidents are among the most common cause of death and serious injury each year. According to the Centers for Disease Control (CDC), the leading cause of death for individuals between 1 and 44 years of age is injuries sustained in motor vehicle accidents.
Both governments and auto manufacturers are taking steps to improve safety. More vehicles than ever before offer roof crush resistance, rear impact guards, side impact protection, and both driver and passenger airbags as standard features. State governments across the country have noticed the trend and have worked to pass and enforce far stricter laws against driving under the influence. In spite of these efforts, millions of Americans are injured and tens of thousands are killed in traffic accidents each year.
What to Do After a Motor Vehicle Accident?
Individuals involved in accidents are often unaware of what they can or should do. Victims face serious injuries that often leave them unable to work and unable to meet financial obligations. In some cases, they may have to go through multiple surgeries and extensive periods of recovery.
If a person is involved in a motor vehicle accident, it is important that they act quickly. First, seek medical attention as soon as possible. Even if an injury seems minor, it can quickly escalate into something major or even life-threatening. A thorough exam by a medical professional will ensure you physically recover in the best and fastest way possible.
Photographs of the accident can also provide crucial evidence in your case and defend your rights. Photographs of the vehicles involved, the area where the accident occurred, and any site that seems relevant to your claim can be taken by you or someone you trust if you’re unable to take them yourself. Debris in the roadway, pothole covers missing, or even cracks in the road could all have played a factor in the accident.
After securing medical attention, you should immediately report the accident to the police and contact your own insurance company as well as those of anyone involved in the accident. They will be busy putting together their own investigation in order to determine who is at fault. You are entitled to both police and insurance company reports, and you are able to dispute any information they provide that you do not agree with.
Navigating Your Way Through the Car Accident Claims Process
After being in a motor vehicle accident, there are several steps you will need to ensure that you take to achieve success in your case. What success looks like will depend on the nuances of your situation, but overall will encompass recovering enough compensation to fully and fairly cover the damages you suffered as a result of the accident.
The first thing you will need to do is visit the doctor who can attend to and assess your injuries. This of course, is an important step for your medical needs, but it is also key to a successful car accident claim.
Your second action should be to call an attorney who can guide you through the claims process. When you work with our team, we will assist with each step of the case.
Once a car accident victim formally becomes a client of our firm, our first action will be to document everything that we can, including:
- The scene of the accident
- Vehicles that were damaged
- Any and all other damages
- The police report
Filing Your Claim
One element of your case that needs to happen right away is no fault documentation with your insurance company. This is the step where our firm will file a claim with the insurance company to report the accident and claim no-fault benefits. This must be done within 30 days of the accident. We will handle this step with haste and help ensure that you do not say anything that incriminates you.
We will then file for the medical records at once. Additionally, we will assess what injuries were suffered and what the doctor had to say about the injury, whether it resulted in whiplash or severe injury.
As soon as we get all of the documents, we will file suit right away. Many law firms hesitate and stall before filing, but not us. We know that it is important to push the insurance company so that you get paid. And that is exactly what we will do. Once we file suit with the liable party, they will know that you are serious. From there, it is just a matter of completing the discovery process.
From Discovery to Trial in a Car Accident Case
The discovery process is a critical element of a car accident claim and it must be executed as soon as possible. This is a question-and-answer platform that allows a witness to give testimony, while under oath, in response to the questions asked from the attorney. Witnesses may include:
- Driver of a vehicle
- A passenger
- Third-party eyewitness
After the discovery process, we will move to the trial process. This is where we put together the whole picture and use information from the discovery process as well as what we have obtained from deposition.
As the case develops, we will explore all of these elements. Our firm won’t spare any expense to help you get the best possible outcome to your case. Hesitating to get representation after a motor vehicle accident case can jeopardize your chance of getting the highest level of compensation.
Helping Clients with Traffic Accident Claims for Over 20 Years
It is crucial for anyone involved in a motor vehicle accident to act quickly. A reputable New York City auto accident attorney at Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. can help file your claim, gather information, and collect evidence so you and your loved ones can focus on your recovery.
Our team can work to protect and safeguard your legal rights. If you have been injured or lost a loved one, give us a call at (646) 681-7055 for a free case evaluation.