If you’ve been injured in a recent car accident, you need to speak to a Huntington personal injury lawyer from Levine And Wiss. We can help you file a personal injury claim against the responsible party to claim the value of your injury-related losses, such as medical bills or lost work income.
We have over 100 years of combined legal experience and a firm dedication to serving justice. Reach out online or call us to discuss your case with a car accident lawyer in Huntington from our firm.
Why You Should Work With a Car Accident Lawyer
One of the most difficult parts of managing the aftermath of a car accident is filing an insurance claim for your losses. Insurance companies are businesses and will use every tactic they can to preserve their revenue and avoid paying your claim.
That’s where a lawyer comes in. A personal injury attorney can provide legal and administrative support as well as negotiating leverage. We can handle the entire process of filing your claim and represent you during settlement negotiations.
The best part is that you only pay if we win your case. We work on a contingency basis, meaning any attorney’s fee is taken out of the final settlement. So if we don’t win, you don’t have to pay. That way, you can secure competent legal representation without worrying about upfront costs.
Causes of Car Accidents in Huntington
One of the most important parts of a car accident claim is identifying the causal factors contributing to the crash. That is how you identify the liable parties to file a lawsuit against.
Below are some of the most common causes of crashes that our Huntington car accident lawyers see:
- Motorist negligence. Most car accidents are a result of driver negligence, whether it’s texting and driving, speeding, ignoring traffic, or aggressive driving.
- Defective auto parts. Car crashes may also happen due to defective auto parts, such as brakes, tires, or fuel tanks.
- Road maintenance crews. If road maintenance crews unsafely block or divert traffic, they can be liable for any resulting accidents.
- Third parties. Any third party who contributes to the accident can be a party in a personal injury lawsuit.
Huntington Car Accident Lawyer Near Me
(888) 468-4878How Does No-Fault Car Insurance in New York Work?
New York operates on a no-fault system for car insurance. This means that your auto policy has personal injury protection (PIP) coverage that pays for losses after a car accident, regardless of who is at fault.
Every driver is mandated by law to carry at least $50,000 in PIP coverage, which will pay for:
- Necessary medical bills and future medical expenses
- 80% of your average weekly earnings, up to a max of $2,000 a month
- Up to $25 a day for necessary household care services
- $2,000 funeral benefit
Note that PIP coverage will not pay for non-economic losses, like pain and suffering or mental anguish.
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Can I Sue the Other Driver After a Car Accident?
PIP coverage is limited and often won’t pay for the full cost of your injuries. However, you may be able to file a lawsuit against the liable driver if you exhaust your PIP coverage or if your injuries meet a legal threshold of severity, as defined in New York Insurance Law § 5102.
The benefit of a traditional at-fault lawsuit is that you can pursue a wider range of damages than no-fault claims allow. You can recover the full value of your lost work income, property repair or replacement costs, and damages for pain and suffering.
What if I’m Partially At Fault for the Accident?
If you are partially responsible for the car accident, don’t panic. New York’s comparative negligence laws allow you to still recover financial compensation, even if you are partially liable for your injuries. The catch is that any settlement you receive will be reduced by your percentage of fault.
For example, a $100,000 settlement with a judgment of 30% fault would become $70,000 after accounting for shared negligence. Unlike some states, New York doesn’t have a fault threshold after which you’re ineligible for damages. You could be 99% at fault and still file a claim for the remaining 1% of losses.
Time Limit for Filing a Car Accident Lawsuit
New York’s personal injury statute of limitations sets a three-year time limit on all lawsuits related to car accident injuries. This time limit is incredibly strict; if you’re even just one day late, you’ll lose your chance to take legal action. The time limit starts on the accident date.
Even though you have three years, you shouldn’t delay getting started. The longer you delay, the harder it’ll be to gather evidence of fault and connect your injuries to the accident. A lawyer can start evidence collection promptly and ensure you meet all filing deadlines.
Levine And Wiss: Huntington Car Accident Lawyers
A car accident can set you back greatly, and you deserve a chance to recover your losses. The team at Levine And Wiss can be your advocate and pursue justice on your behalf. We have served thousands of clients in our 15-year tenure and are here to help you next.
Contact our offices today to discuss your case with a Huntington car accident lawyer.