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If you were involved in a motor vehicle accident in New York, you may be shaken up and a bit unsure of what to do next. You might also be getting pressure from the other driver’s insurance company to give a statement or sign paperwork. You may be wondering – should I hire an attorney to handle this for me?
Generally speaking, many people can handle minor car accidents on their own – such as a crash that didn’t involve any injuries. For any auto accident involving injuries (even minor ones), you should consult with an experienced car accident lawyer. Having legal representation is the best way to protect your interests and make sure that you get fair compensation for your losses.
At the Law Offices of Thomas L. Gallivan, we advocate for the rights of accident victims throughout New York. We offer free consultations and never charge a fee unless we recover money for you. To learn more or to talk to a car accident attorney, reach out to our law firm today.
When Does It Make Sense to Hire a New York Car Accident Attorney?
Not every car accident requires the help of a lawyer. For example, if someone backed into your vehicle in a parking lot when you weren’t in it, then it may make more sense to deal with the insurance company on your own to get the dent or scratches fixed. As a general rule, if your collision only involves damage to your vehicle – and no injuries – then you might be able to handle it yourself.
However, there are situations where it makes sense to consult with an attorney. Below, we break down some cases where you should consider hiring a personal injury lawyer to handle your accident claim.
Car Accidents with Injuries
If you were hurt in a motor vehicle accident and have any injuries – even minor ones – then it may be a good idea to consult with a lawyer. You should seek medical treatment immediately for your injuries and then schedule an appointment with a personal injury attorney.
Even minor injuries can lead to more serious problems, which is why it makes sense to explore your legal options. For example, in a rear-end accident, you may think you’re just a little sore and will get better with rest. If you are diagnosed with whiplash later, it may be difficult to get the compensation that you deserve for your injuries.
If you suffered a serious or catastrophic injury, then you probably won’t hesitate to call a lawyer to handle your legal claim. But even if you didn’t suffer something like a traumatic brain injury or a spinal cord injury, it is still a good idea to get medical attention and talk to an attorney.
Remember that insurance companies aren’t on your side. Their goal is to resolve your accident claim for as little money as possible. In many cases, their initial settlement offers don’t even come close to covering the full extent of your losses.
In car accident claims, you may be entitled to three types of damages: economic, noneconomic, and punitive damages. Economic damages cover things like medical bills, lost wages, and property damage. Noneconomic damages pay for indirect losses like pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement. Punitive damages may be available in cases where the at-fault driver acted intentionally or negligently.
Settlement offers from insurers usually only cover economic damages – and may not even fully compensate you for things like future medical expenses or reduced earning capacity. Insurance companies use a formula to determine noneconomic damages, which often leaves accident victims without enough money to move forward with their lives.
If you want a fair settlement for your injuries, then working with an experienced car accident attorney is the way to go. Your lawyer will aggressively pursue your personal injury claim, fighting to make sure that you get the money that you deserve for your losses.
You Missed Work or Have Medical Bills
If you have to miss work due to your car accident or have any medical bills, you should consider hiring a personal injury lawyer to help you with the legal process. Both lost wages and medical expenses are considered economic damages. They are typically covered by an insurance claim – but that doesn’t mean that the insurer will give you fair compensation for your losses.
Missing work and having medical bills means that you have suffered some sort of injury. It is always a good idea to explore a personal injury claim in these situations. You may not be aware of the full scope of your losses – such as the need for future medical care. A lawyer will thoroughly evaluate the evidence in your case – such as your medical records and the accident report – to make sure that you get maximum compensation.
Liability Is Unclear
Liability in traffic accidents isn’t always straightforward. This is particularly true for multi-vehicle accidents and cases where you may be partially responsible for the crash.
Unraveling liability in a multi-vehicle accident may require the work of experienced legal counsel. Determining who is responsible for your injuries is key to a successful personal injury lawsuit. Your attorney will consult with accident reconstruction experts, analyze photos and videos of the scene, and talk to witnesses to make sure that anyone who may be responsible for your injuries is held accountable.
If you were somewhat at fault for the accident, you can still file a personal injury claim. New York has a pure comparative negligence law. This means that you can file a lawsuit even if you were as much as 99% at fault for the crash. Your total compensation will then be reduced by the percentage that you were at fault.
Hit and Run Crashes
If you were hit by a driver who fled the scene, you can still file a personal injury lawsuit. Your attorney may be able to track down the at-fault driver. They may also file an uninsured/underinsured motorist claim against your own insurance policy.
In New York, drivers are required to carry uninsured motorist coverage. If you are involved in a crash with a driver who either doesn’t have insurance or doesn’t have enough insurance to pay for your losses, then you can file a claim with your own insurance company. This coverage also extends to hit-and-run accidents.
Accidents Caused by Someone Other than Another Driver
Most car accidents are caused by a negligent driver. However, there are cases where something or someone else is to blame for the crash.
For example, if you are in a single-vehicle accident because of a poorly maintained road, then you may be able to file a lawsuit against the government agency responsible for taking care of that road. Claims against the government have special rules, so it’s important to hire an experienced NY car accident attorney.
In other cases, a car crash may be caused by a dangerous or defective product – like faulty brakes. You may be able to file a product liability claim against the manufacturer, distributor, or retailer of that part with the help of a personal injury attorney.
No Risk Consultations Mean You Have Nothing to Lose
Personal injury law firms typically offer free initial consultations to prospective clients. During this meeting, you’ll have an opportunity to tell your story. A seasoned attorney will then offer you advice on your legal rights and options for pursuing a claim. They will also give you a ballpark estimate of the value of your case.
A free consultation gives you the chance to understand more about your claim. You aren’t required to sign a contract or hire anyone at the end of the appointment. Instead, you can gather information so that you can make a decision about your case that works best for you.
In New York, there is a 3-year statute of limitations for most personal injury claims. If you don’t file a lawsuit within that time, then you will be barred from doing so. Scheduling a free consultation helps to ensure that you don’t lose your right to file a claim – and allows you to make a more informed choice about how to proceed.
Because you don’t have to pay anything to get this legal advice, it is almost always a good idea to schedule a free consultation. Reach out to our law offices today to talk to a member of our legal team.
Hurt in a Car Accident? We Can Help.
Motor vehicle accidents can be scary, and may leave you with both physical and emotional scars. If you are uncertain about what to do or where to turn for help, give us a call before you say or do anything related to an insurance claim.
The Law Offices of Thomas L. Gallivan represent injury victims throughout New York. We have years of experience representing clients in all types of car accident cases To learn more or to schedule a free initial consultation with a New York car accident lawyer, give us a call at 866-932-3661 or fill out our online contact form.
How Can I Pay for a NY Car Accident Lawyer?
Personal injury law firms typically work on a contingency fee basis. This means that you pay nothing up-front and only pay an attorney’s fee if they recover money for you through a settlement or verdict at trial. The fee will be a percentage of your total recovery.
Contingency fee agreements make it possible for anyone to have legal counsel for their accident claim. If you have been hurt in a collision, call the Law Offices of Thomas L. Gallivan today to talk to a New York car accident attorney.
The Insurance Adjuster Is Offering Me a Settlement. Should I Take It?
No matter how nice an adjuster may seem, they do not have your best interests at heart. You should only give a statement or sign paperwork after talking with a NY car accident lawyer.
Adjusters typically make a lowball settlement offer in the hopes that an accident victim will accept it. Until you have consulted with an attorney, you won’t know the true value of your case. Reach out to the Law Offices of Thomas L. Gallivan today for a free consultation.
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