NY Car Accidents | Motorcycle Accidents | Truck Accidents
On busy New York highways, car, truck, motorcycle and other motor vehicle accidents occur daily and often happen when someone is distracted from their driving. A driver is at fault for negligence when his lack of attention causes an accident that results in serious injury or death. While negligent or reckless drivers may cause accidents, there are several other factors that may cause a collision including severe weather conditions, confusing signs, poor road design or unexpected objects/animals in the vehicle’s path.
If a defect in the highway, for example, is the root of the problem, liability for the accident may fall to the state highway department.
What To Do Immediately Following An Accident
Being involved in a motor vehicle accident can be very traumatizing. That being said, your health and wellbeing should be your – and is our – first priority; contact your doctor if you believe you have sustained any injury. Additionally, if you have experienced substantial trauma, psychological services may also be to your benefit.
Getting legal help immediately is important for many reasons:
- Your chances of recovering fair compensation are better with an attorney who is experienced in handling injury accident claims than without one.
- Under New York law, the statute of limitations limits the time you have to file a civil suit from the date of the accident. If you do not take action in a timely matter, you will not be able to seek compensation.
- If your claim is against a public entity, you will have a shorter time frame to file suit.
- Building a substantive case can take months or even years, depending on the extent of your injuries, the time needed to regain your health and the investigations and research required.
Protecting Your Legal Rights
If you are a victim of someone else’s negligence, you have the right to file a lawsuit to recover damages for your medical expenses, loss of income and rehabilitation costs as needed. Retaining a competent attorney who regularly deals with personal injury lawsuits is essential to protect your legal rights and pursue justice for the injuries you have suffered.
How a Case Unfolds
It is important to preserve all bills, including those paid by your insurance company and any other expenses (travel, home-health aid, etc.). Medical expenses are paid by your carrier under No-Fault, however, you must file within 30 days of the accident or risk coverage denial. Both your No-Fault carrier and the defendant may require examination by a private medical carrier – IME – to determine extent of injury; compliance with the IME is required if need be. If threshold injury has been sustained, Pain and Suffering may be brought. If a case cannot be settled, a trial by jury will decide and determine liability, or who is at fault and if the fault is proportional. Once liability has been determined, a jury will consider other losses and injuries in order to determine your rewards. Keeping our clients informed every step of the way and explaining everything as a case unfolds is what distinguishes us from other attorneys. With us, you will remain well informed and secure in knowing that you are in good hands.
Contact Rudolph F. X. Migliore, P.C.
For more than three and a half decades, the attorneys at Rudolph F. X. Migliore have been helping victims of car, truck and motorcycle accidents put their lives back together after sustaining serious and catastrophic injuries, and we can help you too. Our law firm offers a free case evaluation to find out if you have grounds for a lawsuit. Call (631) 543-3663 to arrange an appointment today.