West Hempstead Car Accident Lawyer

You get hurt in an auto accident due to no fault of your own. At this point, request help from a West Hempstead car accident lawyer. Together, you and your West Hempstead personal injury lawyer may be able to pursue damages from the party responsible for your accident. 

Levine And Wiss have more than a century of legal experience on staff. Our team can evaluate your case and help you determine whether now is the ideal time to submit a claim. For more information, contact us. 

How a Car Accident Insurance Claim Works

There are New York State insurance requirements for all drivers. If you drive a car, you are legally obligated to have insurance. Following an auto accident caused by another driver, you may seek compensation through an insurance claim. 

At Levine and Wiss, we offer legal services and support to auto accident victims. If you want help with an insurance claim or injury lawsuit, we are here to assist you. To learn more, get in touch with us. 

When to File a Claim 

According to New York Civil Practice Law & Rules (CPLR) §214(5), the statute of limitations for an injury claim is three years. If you suffer an injury in an auto accident, you may have up to three years from the date of the incident to pursue damages from an at-fault party. After three years, you may be solely responsible for your accident-related losses.

In particular, though, if you were to get into an accident with a municipal vehicle like a garbage truck, the statute of limitations is shortened. A notice of claim must be filed within 90 days of the incident. The claimant only has one year and 90 days from the date of the accident to file suit. 

A car accident attorney in West Hempstead can help you request damages before the statute of limitations for you to do so expires. They can work with you to request compensation through an insurance claim. Or, you may have to file an injury lawsuit. 

You may have to file a lawsuit if your insurance policy does not provide sufficient coverage. With a lawsuit, you are asking the at-fault party for compensation. You may pursue compensation for your quantifiable and subjective losses. 

Car Accident Damages

A car accident lawyer in West Hempstead can provide FAQs and other resources to assist you with your case. They can also go over damages you can request. You may be eligible for economic and non-economic damages, such as:

• Car repairs or replacement
• Lost wages
• Medical bills
• Pain and suffering

Just because you ask for damages does not mean you will receive them. Your attorney can help you gather evidence to show you are in no way liable for your auto accident. If your lawyer is successful, a judge or jury may award you the maximum amount of compensation. 

How Much Your Case Is Worth

To get the best case results, it helps to work with a lawyer. This gives you access to a legal professional who can calculate your damages. Your attorney can also protect you against lowball settlement offers.

There are instances where an insurance company may offer less than what your accident losses are actually worth. The business will do so to protect its bottom line. By approving a settlement offer, you may wind up having to pay some or most of your accident costs out of your own pocket. 

With your lawyer’s help, you may be able to negotiate a fair and reasonable settlement. If no settlement is reached, you may have to pursue further legal action. In some instances, it may be necessary to file a personal injury lawsuit against an at-fault party to get damages.

Proving Negligence in a Car Accident Case

An auto accident can leave you with a brain injury or other severe injuries. To get compensation, you will have to show that an at-fault party caused your accident. This will require you to prove that the following elements of negligence were present when your accident happened:

• A party has a duty of care, which refers to a legal obligation to avoid negligent acts toward you and others. 
• The party violated this duty by committing a negligent act. 
• The party’s actions caused you to be involved in a car accident.
• The party’s actions caused you to incur economic or non-economic losses. 

Your West Hempstead car accident lawyer may help you collect accident scene photos, videos, and other forms of proof. If you have an abundance of evidence, it may be clear to a judge or jury that the liable party is fully at fault. This may also help you secure a settlement that meets your requirements. 

Car Accident Wrongful Death Claim

If a family member succumbs to their injuries due to the car accident, a wrongful death claim may be warranted. Wrongful death claims are emotionally exhausting, especially while you and your family are already dealing with a traumatic incident. An attorney is available to assist you during this challenging time, ensuring you receive the legal help you need every step of the way. 

You may be able to file a death claim if you are a family member of someone who died in an auto accident. Sometimes, the personal representative of the estate of the deceased person (decedent) is able to file this type of claim, too. Your car accident lawyer in West Hempstead can determine your eligibility and if you have grounds for requesting damages. 

The financial impact of an auto accident in which you lost a family member can be significant. By working with a car accident attorney in West Hempstead, you may get damages you can use to cover your loved one’s burial and funeral expenses and other losses. Your lawyer can advocate for you and your family and help you get compensation from a liable party. 

Request Legal Help

You do not have to deal with the ramifications of an auto accident by yourself. At Levine And Wiss, we can assist you with your case. Contact us today to book a free case consultation.