There are times when more than one driver is at fault and contributed to the accident. New York is a “pure comparative negligence” state that considers contributory negligence. This means a judge or jury will compare fault, calculate percentages of fault for each driver, and adjust the damage award accordingly. Insurance claims adjusters also consider contributory negligence when they are evaluating your case. Fortunately, even if you are partially at fault, our car accident attorneys can help you get a settlement. For example, if your case involved a settlement of $100,000, and you are found to be 10 percent at fault, we can help you recover $90,000.
Yes, New York has a strict time limit, called a “statute of limitations,” which is a deadline for filing a legal case. In New York, you generally have three years from the day of the accident to file a lawsuit or the courts are likely to refuse to hear your case, unless some rare exception applies to extend the deadline. Our car accident lawyers can make sure all paperwork and court filings are done in a timely manner.
No. Insurance adjusters will try to get you to settle for as little as possible, so your chances of getting a fair settlement are greater with legal representation than if you attempt to negotiate with the insurance company yourself. They may call and ask for a recorded statement or for you to sign a release in exchange for a payout, but you should not sign or agree to anything without knowing your rights. Tell your adjuster to talk to your car accident lawyer and let us handle everything.
Injuries in car crashes range from mild sprains to serious injuries that cause permanent disability and death. Here are just a few injuries that people suffer in auto accidents:
- Broken bones
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Internal damage
- Wrongful death.