New York Car Accident Lawyer

One of the questions I get all the time is, “What are the mistakes that clients can make when they’re seriously injured in a car accident?” I just had a call the other day from a client who was in an accident two months earlier and called me to pursue a claim against the driver that caused the accident, but she never went to see a doctor initially. She said her back and neck were bothering her. They were bothering her from the outset when the accident happened.I said, “Why didn’t you go to the hospital?” I hear various answers. “I had to get home to my children,” or sometimes, “I had to get to work, but it was really bothering me.” Why didn’t you go see a doctor between then and now? Same reasons: I was too busy. I had to go to work. It’s a problem. If you’ve suffered an injury and you’re experiencing pain, you need to seek medical attention right away. That’s one problem that I often see, and I think it’s one of the biggest ones.

The second biggest one is when a client is not honest with the attorney. When a client comes to see me, I’m going to ask questions like, “Were you ever in an accident before? Did you ever suffer an injury to your neck, back, knee, whatever the injury might be?” If the answer should be yes but is no, it could be problematic down the road. It is extremely important that a client be honest with the attorney, so the attorney can properly represent and guide the client through the process.

If you’re in a serious accident, a car accident in the state of New York, and you’re in need of an attorney, here are some things that you should look for. First, you want to make sure the attorney practices personal injury law, specifically personal injury litigation. An estate attorney is not going to help you. They may want to take your case, but they’re not experienced in the nuances that exist relevant to personal injury litigation.You want an attorney that you can feel comfortable with; I think that’s very important. You want to sit down with that attorney; not with a paralegal; not with the legal assistant. You want to sit down with the attorney, and you want to talk to the attorney, ask the attorney questions. How do you feel after you’ve had that conference with the attorney? I think that’s very important, too.

Finally, it’s important to understand that some law firms are mid-size, some are big. Some law firms are set up where you never really talk to the attorney. You talk to a paralegal or a legal assistant. It’s very rare that you sit down with an attorney. That’s also something to think about when choosing the right attorney to handle your case.

Clients often ask me, “Is it necessary that I speak with the insurance company and give them a statement?” The answer is, speak with the attorney first and let the attorney set that up. You do not want to talk to the insurance company. Yes, you do need to notify the insurance company of the accident, but as far as statements, you want to sit down with an attorney first.The attorney will set it up. The attorney will guide you through that process. You don’t want to say something that you didn’t mean to say or that may be problematic down the road. In fact, when clients come to see me, I tell them, if the insurance company calls you, you let them know that you have counsel. You give them my information and I will do the rest.

Clients often ask me what the timelines are that they need to file by. In New York when you’re involved in a car accident with a private individual or a private entity, you need to file your lawsuit in court within three years of the accident.

There are shorter statutes of limitations relevant to if the City of New York is involved. You need to do it in a year and 90 days. There are other restrictions and other exceptions depending on who the defendant is, who you’re going after. It’s very important to understand that.There are also insurance guidelines. You have to have that no-fault application in within 30 days of the accident. My suggestion is you do it as soon as possible; you get that no-fault application in. An attorney can guide you through this process and make sure all of these things are done and done properly.

The other day I got a call from a client who was injured in a car accident. It was an intersection collision. He was going through the intersection with the green light and the other vehicle was going through the intersection with the red light. He came to me and I told him that you need to file what’s called a no-fault application with your insurance company. He said to me, “Why do I need to do that? I didn’t cause the accident.” I said to him, “Because your insurance company is going to provide you with what’s called no-fault benefits. The reason why it’s called no-fault, is because it doesn’t matter whose fault it is.”The vehicle that the injured party is in is going to cover for loss wages and medical expenses. It’s not a complicated process, but it is a process that you want to have your attorney take care of. They’ll submit the application; it’s got to be done within 30 days of the accident. They’ll guide you through that process. By submitting the application, it will ensure that you’re protected relevant to the payment of medical bills and the payment of loss wages; what we call economic loss.

Clients in New York often ask me, “How do I pursue my loss wage claim?” I haven’t been able to work for the last three months and I want to get reimbursed. Through the insurance company of the vehicle that you were in at the time of the accident under the no-fault provision of the policy, you can get coverage. What does it require?First, you need to get disability notes from your doctor stating that you were unable to work. You’ll need to get from your employer what’s called a wage verification document where the employer will show both your attendance or lack of attendance and what your earnings were. Through that process, and through your attorney guiding you through the process, you’ll get your loss wages for the period that you were unable to work.

Clients often ask me, “What is my case worth?” Here in the state of New York, if you’re involved in a car accident, it’s not a simple answer. It depends on the extent of the injury. I have clients that come to me with broken bones. Those accidents are a little easier to evaluate early on, but even those can be more difficult to evaluate. It really comes down to the permanency of your condition.

You also have to look at liability. Liability is assigning fault for the accident. We need to know that it was the other guy’s fault; that they caused the accident. It’s not always clear-cut.I’ve gotten plenty of clients that have come to me and said, “The driver of the other car went through a red light.” Then I get a copy of the police report, and wouldn’t you know it, the driver of the other car said my client went through the red light. Now, all of a sudden you have an argument as to whose fault it was. That’s going to play into the value as well. At the end of the day, there are so many factors that come into play in determining the value of the case.

Often clients ask me, “How long is it going to take?” It’s a complicated answer. If the injury is significant, it could take quite a long time. If there are issues regarding liability, if both sides are pointing fingers at each other, that stuff sometimes has to be ironed out in court.That means litigation. Cases that don’t require litigation can be settled optimistically within six months to a year. Cases that require litigation can require longer. It’s not unusual or unheard of for a case to take three, four, even five years in New York.