Car Accident Lawyer Yonkers, NY
It is estimated that there are more than 65,000 collisions each year in the state of New York. Many of these accidents occur from October through December. That should come as no surprise since these are the months that are peak breeding times for deer and moose, and they are usually less cautious about running into roads. Since there is not usually another vehicle involved in these accidents, victims may wonder what recourse they have for any damages and injuries they suffer. A car accident lawyer in Yonkers, NY can help.
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According to the National Highway Traffic Safety Administration (NHTSA), there are approximately 1 million car accidents with deer that occur every year, resulting in at least 200 fatalities. Many more drivers and passengers suffer injuries. If you have been injured in a deer-vehicle collision, contact Greenspan & Greenspan P.C. to meet with a car accident lawyer in Yonkers, NY who will evaluate your case and determine what type of legal options you may have. You may be able to file a claim against your own vehicle insurance policy in order to collect financial compensation for any medical expenses you have, loss of income if you were unable to work while you recovered, pain and suffering, and more.
Rear-End Collisions
Rear-end collisions are one of the most common types of accidents involving vehicles. While these may appear to be minor crashes in many cases, they can actually leave a victim with serious injuries. There is also the emotional trauma factor of being totally unaware that the accident is about to occur, such as in many other types of accidents. Many victims of rear-end collisions end up with whiplash, facial lacerations, and head injuries, as well as other types of painful injuries. Anyone who has been injured in a crash should contact a Yonkers, NY car accident lawyer to find out what kind of legal recourse they may have against the driver who was responsible for the accident. Victims may be able to collect compensation for medical bills, loss of income, pain and suffering, scarring, disability, and more.
How To Prove Your Case In A Rear-End Crash
Every vehicle owner in the state of New York is required to have the minimum amount of required vehicle insurance. This is to make sure that should the driver cause a vehicle accident, victims of the accident will at least be able to collect financial compensation for the losses their injuries cause them. Unfortunately, as a car accident lawyer in Yonkers, NY can attest, vehicle insurance companies will do all they can to either minimize the amount of compensation they pay a victim or try to deny the claim completely. This is why having a lawyer advocating for you can be so critical to the success of your case. In order to prove liability in a rear end collision, the following elements must be proven by the victim:
- The alleged at-fault driver had a duty of care to other drivers. All drivers are legally obligated to exercise reasonable caution.
- The alleged at-fault driver breached that duty of care. This could have been because the driver was speeding, texting, or otherwise distracted by what was going on in front of them.
- The victim suffered a serious injury as a result of the alleged at-fault driver’s breach of duty.
- The victim suffered damages as a result of their injuries, such as medical bills, lost income, pain and suffering, and more.
Proving These Elements
A Yonkers, NY car accident lawyer has many tools available to prove these four elements. For example, the lawyer may use police reports, witness statements, and a red-light camera or other video footage from the accident scene. They may hire an expert to reconstruct the accident. There are also the medical records that will confirm that the victim has suffered injuries and the impact those injuries have and will have in the future on the victim’s life. If there are permanent disabilities, the lawyer may have a vocational rehabilitation counselor testify the impact the disability will now have on the victim’s ability to work and what type of reduced earning potential this may cause.
I’ve Been In An Accident. Now What?
You are not legally required to work with a legal representative if you get in a car or truck accident. Nevertheless, it’s always advisable to have an attorney on your side if you have been in an accident to help you deal with the legal system and get you the compensation you deserve. If you’re searching for somebody to handle all the pitfalls that may emerge, you should consider reaching out to a local personal injury attorney for aid. Even if the accident wasn’t your fault, working with an accident lawyer might be your best move. An attorney who is highly experienced in car accident cases can help you identify if you’re eligible for a settlement. After getting in a vehicular accident, you may be faced with car or truck repair expenses as well as high medical costs if you were injured. You may additionally have to request time off work for doctor visits and physical therapy, which could also cost you money. You might even be left with a permanent disability.
Your Lawyer Will Determine How Much Compensation You Can Receive
Working with a car accident lawyer can help increase your possibilities of getting the settlement you deserve. You might have your mechanic’s quote in hand or make a list of bills from the medical facility, but that does not cover the full scope of your financial burden. You might also be qualified to collect the following types of damages:
- Compensatory
- Pain and suffering
- Lost income
- A reduced or complete loss of earning capacity
While there are lots of routes you can take to gather a settlement after an accident, that does not mean they all apply to your particular case. You might waste time and money attempting to pursue the wrong kind of settlement. A car accident lawyer in Yonkers, NY from Greenspan & Greenspan P.C. can use their history and experience to help you decide which opportunities you should pursue.
Help Gathering Evidence
We can investigate your automobile collision wreck case and gather proof on your behalf, such as:
- Pictures and videos of the accident
- Surveillance video footage
- Home security cam footage
- Police reports
- Medical records
- Statements from the at-fault party involved
With this evidence, we may be able to help show the fault of the other party to the accident.
Should You Speak To An Attorney Before You Contact Your Insurance Company?
You should always speak to a lawyer before calling your insurance provider. The insurance company’s main focus may be to pay out as little as possible. While you may like to think the best of insurance companies, ultimately the best interests of their company are their top priority. In the worst-case scenario, they might even reject your claim. Employing an accident lawyer can keep you from making the typical mistakes drivers fall victim to after they’ve been in a vehicle accident. With all this in mind, though you are not legally required to work with a lawyer after you get in a car accident, it’s helpful to have an experienced attorney by your side. Hiring a car and truck accident lawyer can also help increase your chances at getting the payments you deserve. At Greenspan & Greenspan P.C., we are happy to help new clients with any questions they may have. Call us today for a consultation.
Avoiding Animal Collisions
With the seasonal increase in deer movement, it’s important for drivers to remember that animals do not only appear on rural roads, but can be found on busy highways, as well. Some animals travel alone and other in herds, so it is very likely there are more in the vicinity. Fifty percent of collisions with wild animals occur between the hours of 5 p.m. and midnight, and another 20 percent occur between the hours of 5 a.m. and 8 a.m., so it’s important for drivers to be extra diligent during these hours. If you are driving late at night from a meeting outside of the city, this is great information to know.
Do’s And Don’ts After A Car Accident
Getting into a car accident can be quite shocking. You may feel a wide range of emotions and are unsure of what to do next. Here are some do’s and don’ts after a car accident:
Do:
Call the police. The police should be informed about the car accident immediately. They will come to the scene and make a police report, which will include important information about the accident. The report is important evidence for your case, so be sure to obtain a copy of it. Seek medical care. Even if you don’t feel too badly hurt, you should still seek emergency medical care after a car accident. Some injuries, like concussions and whiplash, don’t always show symptoms immediately. A doctor can give you a physical exam and run tests to determine what types of injuries you have. Afterward, he or she can recommend the appropriate treatment. Take photos. If you’re physically able to do so, you should take photos of the accident scene with your smartphone camera. Be sure to capture shots of your vehicle, other vehicles involved in the accident, skid marks on the road, glass and traffic signs. Write down what you remember. Memories can fade quickly, so your car accident lawyer in Yonkers, NY may advise you to write about your experience in a journal. For example, if you noticed that the other driver was swerving in and out of lanes before the accident, jot that information down.
Don’t:
Forget to speak to witnesses. If there were any bystanders present when the car accident occurred, you’ll definitely want to obtain their full names and contact information. They may be able to verify your version of events, which can strengthen your claim. Give a recorded statement to the insurance company. Following a car accident, the other driver’s insurance company will likely try to contact you. Under no circumstances should you agree to give a recorded statement. They may try to use it against you in court.
3 Things A Car Accident Lawyer Helps With
If you’ve been in a car accident, it can be a chore trying to figure the legal system out. Even after a minor accident, legal issues can ensure that getting what you’re owed is difficult and time-consuming. Hiring a lawyer is your best chance to get the settlement you deserve while saving yourself the headache of navigating the legal system. Knowing what a car accident lawyer can help you with will help you choose the right one for you.
Representation
The most obvious service a car accident lawyer in Yonkers, NY will provide is representation in court. If you’re dealing with liability issues or trying to get the settlement you deserve, having someone to represent you in court is a big asset. The attorneys at Greenspan & Greenspan, PC know their way around the legal system and can help stand up for you in court. They’ll be able to thoroughly review your case and represent you to increase your the chances for success.
Knowledge And Expertise
Hiring an attorney to help you with your car accident case will also give you access to more knowledge and expertise. A car accident lawyer in Yonkers, NY can investigate your case fully, giving you more evidence to use before the judge. They can also help you accumulate all the relevant information to your case, including medical records, police reports, insurance claims, and witness information. This knowledge can make all the difference in your case, allowing you to get a settlement that meets your needs and provides the justice that you deserve. Trusting your Greenspan & Greenspan, PC attorney can give you better access to knowledge that could help win your case.
Damage Assessment
Finally, hiring a car accident lawyer in Yonkers, NY can also help you with a more complete damage assessment. An experienced attorney can not only catalog the immediate damage, like your car or medical expenses, but also future damages such as a potential inability to work. By including all these potential damages in your case, your attorney could help you get a larger settlement that will more accurately cover the costs you incurred during your accident. If you feel like you’re overwhelmed with trying to sort through the legal system on your own, contact Greenspan & Greenspan, PC to schedule a consultation. Having an attorney on your side could make all the difference in your case and get you the monetary award and judgment you deserve after your accident.
Preparing For Your Case
Getting ready to present your case after your accident can be incredibly intimidating. No matter how your accident happened, the weeks leading up to the trial are some of the most important.
Record Personal Evidence
One of the most important things you need to do to prepare for your case is to record any relevant evidence. As soon as possible after your accident, try to take pictures or videos of all the vehicles involved. The sooner you can record the evidence surrounding your accident, the better. While pictures of healed injuries and cleared accident scenes are better than nothing, images of the scene immediately post-accident will provide stronger evidence in court. A car accident lawyer in Yonkers, NY, can help ensure that all the necessary documentation is included in your case file. The more evidence you collect early on in your case, the easier your trial will be.
Move Proceedings Quickly
It’s also important to keep the legal proceedings moving quickly. While it may be tempting to take time to heal completely after your accident, it may benefit you to get your case over as quickly as possible. Many personal injury claims have a time limit for bringing evidence to the court, so you and your car accident lawyer in Yonkers, NY need to move quickly. Along with meeting the court time limits, expediting your case will allow you to get back to your regular lifestyle quicker. While it may take you a while to heal, you’ll be able to resume your normal daily routine sooner if you get your case done quickly.
Be Discreet Online
Finally, you need to make sure you’re keeping a low online profile leading up to your case. As your car accident lawyer in Yonkers, NY, will remind you, nothing is private online. Any posts on social media about your accident can be used in court as evidence. As you prepare for your court appearance, it may be wise to avoid posting online at all. The more cautious you are before the trial takes place, the stronger your case will be. If you’re ever unsure about whether a post could put your case in danger, contact your attorney. They have gone through multiple cases similar to yours and have the experience to help you. At every stage of the legal proceedings, you need to trust your attorney. By leaning on their expertise and playing it safe online, you’ll keep your case strong in the weeks leading up to your court date.
What Is The Difference Between Economic And Non-Economic Damages?
Frequent questions new clients ask their car accident lawyer in Yonkers, NY have to do with economic damages and how they differ from non-economic damages. Simply put, the former consists of expenses and losses that are easily quantified and measured; assigning a dollar value to economic damages is a relatively simple process requiring only records and some math. Determining non-economic damages is more complicated. Yet, in many cases, non-economic damages are more significant to the plaintiff, as they are not only seeking compensation for monetary losses, but also loss in quality of life.
What Are Some Examples Of Economic Damages?
Economic damages (also known as “specific” damages) arising from a car accident lawsuit generally include expenses for:
- Surgery and other medical costs
- Prescription drugs
- Ongoing therapy and rehabilitation
- Loss of wages
- Loss of earning capacity
Economic damages are documented facts and figures that a jury can use in determining dollar amounts.
What Are Examples Of Non-Economic Damages?
Non-economic (“general”) damages that may be awarded in a car accident lawsuit are:
- Pain and suffering
- Exacerbation of earlier injuries
- Emotional anguish
- Loss of enjoyment in life
- Loss of consortium (companionship)
- Wrongful death
Because non-economic damages cannot be readily be measured in dollars, juries wrestle with the issue. A number of states have dealt with the issue through tort reform laws, capping the amount of non-economic damages a jury is allowed to award. However, this is not an issue for a cara accident lawyer in Yonkers, NY, since the Empire State has not enacted any limits on non-economic damages.
Are There Ways To Calculate Non-Economic Damages?
There are no hard and fast formulas for calculating non-economic losses. However, there are two methods juries commonly use to determine dollar amounts. One of these is the use of a “multiplier.” This is simply a number, generally between 1 and 5, by which the jury multiplies the amount of economic damages in order to come up with a reasonable figure. The other method is called “per diem.” As the term suggests, this is a daily rate, based on what a jury believes is a fair figure for living with car accident related pain and other consequences. In many cases, this per-diem figure is determined by the plaintiff’s normal daily wage for the period of recovery. A car accident lawyer in Yonkers, NY will take all of these issues into consideration while negotiating a settlement with the other party. File a claim without a lawyer. Car accident claims involve many complexities, so it isn’t wise to file one on your own. If you work with an experienced car accident lawyer in Yonkers, NY, you will have a higher chance of obtaining a fair settlement. He or she will handle negotiations with the insurance company and protect your legal rights. Call Greenspan & Greenspan P.C. to learn more.