Long Island Car Accident Lawsuits
The last thing that individuals who have been involved in a serious car crash in New York want to deal with is the stress and difficulty of filing a car accident lawsuit while nursing physical injuries and dealing with uncooperative insurance companies. This area of personal injury law is notoriously complex in terms of establishing liability, assessing damages and navigating New York’s no-fault laws.
If you have suffered harm in a motor vehicle collision, you need legal advocacy from Long Island auto accident lawyers who can efficiently handle your claim and help you obtain fair compensation for all losses. At Edelman, Krasin & Jaye, we understand every facet of New York’s insurance rules and no-fault statutes. During the aftermath of a collision, insurance companies may try and convince you they have your best interests in mind, but the truth is that skilled personal injury attorneys are the ones who can protect your legal rights and demand just reparations for your injuries.
Compensation for car accident injuries
Even at slow speeds, a motor vehicle accident can cause occupants and passengers to suffer grave harm, including broken bones, lacerations, traumatic brain injury, paralysis and spinal cord injury. Depending on the extent and severity of injuries, victims may be rendered paraplegic or quadriplegic and require rehabilitation or long-term nursing care.
Compensation secured in a successful car accident lawsuit in Long Island or NYC can help plaintiffs cover exorbitant medical bills and lost wages, while verdicts and settlements will also take into account permanent disability, as well as emotional pain and suffering.
Unfortunately, in the majority of auto accidents the insurance company is your adversary when it comes to determining liability and accurately assessing personal injury damages. If you decide to partner with Edelman, Krasin & Jaye, we can take over the reins and see to all insurance and litigation matters, letting you focus on healing.
Our NY personal injury law firm provides experienced legal counsel to individuals injured in:
- Car accidents (head-on and rear end collisions)
- Hit and run accidents
- Truck accidents, including semis, tractor-trailer jackknifes, and 18-wheeler crashes
- SUV rollovers
- Bus accidents
- MTA vehicle crashes
- Taxi accidents
- Motorcycle collisions
- Pedestrian accidents
- Railroad collisions
New York no-fault laws and car accident lawsuits
New York is one of just 12 states that have adopted no-fault laws, which dictate that only car accident victims who have sustained a serious injury may seek damages for pain and suffering in a court of law. It is labeled “no-fault” insurance because basic economic loss must be paid by the insurance carrier for the owner of the vehicle, regardless of who caused the accident.
No-fault insurance includes the actual expenses for medical care, a portion of lost wages, and other compulsory expenses, with the maximum capped at $50,000 per person. This no-fault coverage extends to any person injured in a motor vehicle accident in New York with the exception of passengers or drivers of motorcycles.
Those who have incurred injuries in a motor vehicle collision and are seeking compensation in excess of $50,000 must prove that they suffered a serious injury to file a car accident lawsuit in NY.
New York state law defines the term “serious injury” as any harm that meets at least one of the following criteria:
- Personal injury which results in death
- Dismemberment; significant disfigurement
- Loss of a fetus
- Significant limitation of use of a body function or system
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- 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 ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
Meeting the serious injury threshold
In some cases, meeting the serious injury threshold is as simple as being unable to work for 90 out of 180 days after the auto accident.
Other factors that may help prove significant injury and facilitate legal action include:
- Receiving urgent care treatment in the ER on the day of the crash
- Making complaints about severe pain or injuries immediately following the accident
- Getting a definitive diagnosis from a health care provider
- Missing excessive time from work due to personal injuries
- Undergoing continual treatment for several months
- Documenting a loss of mobility of the cervical and/or lumbar spin
Edelman, Krasin & Jaye also represents those who have been injured in accidents in Nassau & Suffolk County involving uninsured and underinsured motorists.
Our team is comprised of highly credentialed trial lawyers who are well known in New York courts for aggressive stances when it comes to protecting our clients. Based on more than five decades of practice, we know how to build the strongest case possible, how to negotiate with insurance companies, and effectively try your case before a jury – if necessary.
New York traffic injuries and fatalities on the rise
Excess speed, driving under the influence, and running stop signs and red lights accounted for 54 percent of auto accident fatalities in New York City last year, according to the Mayor’s Management Report. Officials say that more than 270 people died in New York City traffic accidents in 2012 — the highest figure recorded since 2008. The bulk of these deaths were pedestrians, followed by automobile driver and passenger deaths.
Suffolk County continues to lead New York State in traffic accidents, with an average of over 31,000 crashes per year, including an average of 150 fatalities each year. Male drivers outnumber female drivers in Long Island collision statistics, and nearly 1000 crashes a year are alcohol-related. Similar numbers are reported by Nassau County, with 100,493 crashes reported from 2007 to 2009. Of these, 1000 crashes on average per year involve pedestrians and motor vehicles, and over 400 per year involve bicycle riders.
With Long Island roadways as perilous than ever, we are committed to ensuring that car accident victims receive the compensation to which they are entitled. A personal injury or wrongful death lawsuit will never bring back a loved one or erase the trauma of a motor vehicle crash, but it can lessen the financial hardships placed on those involved.
Long Island auto accident lawyers
Edelman, Krasin & Jaye is well-versed in New York no-fault insurance laws and offers unwavering legal advocacy for any person who has been harmed by the negligence or recklessness of another.
To learn more about your eligibility for filing a car accident lawsuit in Suffolk or Nassau County, or in Brooklyn, Queens, Staten Island, Manhattan or the Bronx, call 1-800-469-7429 to schedule a case review with one of our veteran personal injury attorneys. The first consultation is always free and there are no upfront fees, as we only collect compensation if you secure a settlement or jury verdict.
- New York State Department of Motor Vehicles, Suffolk County, http://www.safeny.ny.gov/09data/suffolk-09.pdf
- Institute for Traffic Safety Management and Research, NASSAU COUNTY TRAFFIC SAFETY DATA, http://www.safeny.ny.gov/12data/Nassau-12.pdf
- New York State Department of Motor Vehicles, Summary of Motor Vehicle Crashes, http://dmv.ny.gov/statistic/2013nyscrashsummary.pdf
- NYBC.net, Understanding No Fault Laws in New York, http://www.nybc.net/understanding-no-fault-laws-in-new-york
- New York Times, Traffic Fatalities in City Increased in 2012, but Officials Point to Larger Picture, http://www.nytimes.com/2013/03/19/nyregion/more-traffic-fatalities-in-new-york-city-in-2012.html?_r=0
- New York Times, Deaths Rise for Drivers, Bikers and Walkers on City Streets, http://www.nytimes.com/2012/09/27/nyregion/in-reversal-new-york-city-traffic-fatalities-rise.html