Car Accident Lawyer

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Car accidents happen all the time, however, every client never realizes that it hurts every aspect of your life until you have to live through it. If you were injured in a car accident, you need the help of a New York or New Jersey car accident lawyer to get fair compensation for your damages. 

You are probably wondering ...will insurance will pay for your medical bills, your car repairs, and how can you recover compensation for your lost wages? You need an attorney to help guide you thorough all these questions and most importantly, there are time limits you must meet to file documents in order to receive some portions of your recovery. That is why you need a car accident lawyer to help you through the process. 

HOW MUCH DOES IT COST TO HIRE A CAR ACCIDENT LAWYER?

Our lawyers handle auto accident cases on a contingent fee basis. A contingent basis means that our attorneys do not charge by consultation but will take a percentage on the amount recovered. This amount is usually one third of the net recovery after disbursement. 

WHAT SHOULD YOU DO AFTER A CAR ACCIDENT? 

- DON'T LEAVE THE SCENE

- CALL THE POLICE OR 911

- TAKE PHOTOGRAPHS (only when you are safe to do so!)

- OBTAIN PERSONAL INFORMATION FROM ALL PARTIES

- GET PHOTOGRAPHS OF THE LICENSE PLATE, INSURANCE INFORMATION, AND DRIVER'S LICENSE OF ALL PARTIES AND PASSENGERS IN ALL VEHICLES

- GET ANY WITNESS INFORMATION

- GET MEDICAL ATTENTION

- CALL YOUR ATTORNEY IMMEDIATELY

WHAT TYPE OF COMPENSATION CAN I RECEIVE AFTER A CAR ACCIDENT? 

Depending on the case, you can receive compensation for lost wages, medical expenses, pain and suffering, or punitive damages

IS NEW YORK A NO FAULT STATE? 

Yes, New York is a no fault state. That means, if you file in time, your medical bills and lost wages can be covered through your insurance company up to $50,000 or until you are determined to be not medically approved for such payment. 

WHAT IS THE SERIOUS INJURY THRESHOLD?

Section 5104(a) of the New York Insurance law provides that a plaintiff must prove that he or she has either incurred a “basic economic loss” of more than $50,000.00, or has suffered a “Serious Injury” as defined within Section 5102(d), to have a viable personal injury lawsuit arising out of a car accident.

Article 51 of the Insurance Law provides that a plaintiff in a personal injury action arising

out of negligence in the use or operation of a motor vehicle must establish that he/she has incurred

a basic economic loss exceeding $50,000 or must establish that he/she has suffered “serious injury”.

Insurance Law § 5104(a), (b). Serious injury is defined as personal injury which results in one of the

following :

• 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. Insurance Law §5102(d).

A 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.

What does this mean? Effectively, it allows lawsuits to be filed by accident victims who can present medical evidence that they couldn’t live normally for at least three out of the first six months after an accident. Victims would need to present reports from doctors who examined them shortly after an accident that show how the victim was prevented from, say, going to work, performing basic personal hygiene without assistance, or walking or moving normally. Testimony from the accident victim that they were in pain or unable to work would not be sufficient. There must be objective, medical evidence that supports the claim that the victim was incapacitated in some way.

Hire an experienced attorney to find out if you meet this qualification!