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New York City Car Accident Attorney

Every year millions of people are injured in motor vehicle accidents, many are very serious. According to the National Highway Traffic Safety Administration (NHTSA), every 10 seconds someone in the United States is involved in a car accident. There were an estimated 6.3 million police reported traffic crashes, in which 41,744 people were killed an approximately 3.2 million people were injured.

Most states like New York have an injury threshold, which must be met before the bringing of a lawsuit. The first thing you should do after an accident is to seek medical care. If you were brought to a hospital, the doctors there may request that you return for a follow up visit, or you can seek medical care from your primary care physician or your local health care provider. In any event it is important to start your medical care early so your injury is documented.

If you or someone you know has been seriously injured in a car accident, contact a New York City Car Accident Attorney at Kleinick Law today!

No-Fault Insurance

Some states have insurance laws that require the insurance carrier to pay for initial follow-up care even if there was “No Fault” on the insured part for the happening of the accident. In NY there is a 30-day time limit to file for this “No-Fault” coverage. Failure to file within this time period will result in the No-Fault carrier denying coverage.

Keith Kleinick can offer you more information about structured settlements if you are currently receiving compensation after being injured in a car accident.

Vehicle & Scene

Here are several factors to be investigated in determining a case:

  • Driver error
  • Roadway defects
  • Product failure or mechanic failure
  • Malfunctioning lights

All these factors and more, are investigated before bringing a lawsuit in order to determine the proper parties.

How much time do I have to bring a lawsuit?

Different states have different time limits (Statute of Limitations) to bring a claim. In NY normally the time period is 3 years. However the time period can vary (example) if a minor is involved, i.e. a person under 18 years of age the time to bring a claim is 10 years of 3 years after turning 18 or whichever is shorter.

If a municipality is involved (police car, bus, fire truck, city ambulance, faulty lights on road way) a notice of claim must be served on the municipality within 90 days and a lawsuit started within 1 year and 90 days of the accident.
Coverage

If and when NO-FAULT carrier denies coverage, a claimant can seek reimbursement through their health care provider.

Our New York City Auto Accident Lawyers can help you if you have been in a car accident!

Obtaining a Police Report

One of the first steps in investigating an accident is obtaining a police report. In most instances the police are called to the scene and important vital information is taken down, including: the identities of the driver’s, owners of the vehicles, the plate numbers, names of witnesses, and initial observations by the participants in the accident. In some cities like New York, the police report is stored at the precinct for 30 to 40 days and then sent to the DMV where it can take up to 1 ½ years to obtain a copy. New York states backlog of filing reports is due to lack of state funds and the large number of accidents.

If you or someone you know has been seriously injured in a car accident, contact a New York City Car Accident Attorney at Kleinick Law today!

Investigating the Accident

At Kleinick Law, our investigating starts with the initial FREE consultation. Facts are collected from the victim, an investigator is sent to contact the police, obtain statements from witnesses, and photographs of the accident.

Will My Automobile Accident Case Settle?

Sometimes a potential client will ask: “How long will this process take before I get my money?” The simple answer is as long as it takes. Most auto accident cases settle before trial. If an auto accident lawyer can give you a definite time period, then get it in writing.

There are many factors that influence whether and when a case will settle. The approach we take at Kleinick Law is that the case will have to be tried and we will have to prepare the case as if it will go to trial. If the opposing lawyers and insurance companies notice, they are more likely to settle the case if it is clear-cut.

Knowing what functions to perform in the case comes from experience in handling complex automobile accident cases as well as understanding how insurance adjusters and car accident lawyers evaluate cases. Even in litigation, the opposing lawyer must report to an adjuster for the insurance company. That adjuster generally makes the final call or approval of the settlement. Thus, understanding how that adjuster evaluates cases is critical in getting the most money in settlement.

Another important factor is to appreciate and accept a good settlement offer when it is made. Many clients do not have an understanding or appreciation of the top value of their case until it is too late. Television and media reports of runaway verdicts all too often shape our value system of what a case is worth.

The truth of the matter is that the values of a person’s losses are generally measured by prior legal precedent in similar cases involving similar injuries. If a judge or jury gives an award that is out of the range of acceptability for those types of damages, the court of appeal can reduce or raise the award. Most verdicts that have been sensationalized by the media have a component of punitive damages (damages designed to punish a party in extreme circumstances), and should not be used as a measure of the worth of your case.

All of these factors must be considered in evaluating the likelihood of settlement as well as the amount of settlement in your automobile accident case.

Injuries

In car accidents a person is thrown around sometimes causing injuries that are not visible at first. A broken bone is easy to diagnose – a doctor can see it in X-Ray or by touch. However, many of these injuries in a car accident develop over time. An example of this is when the spinal cord is affected by the trauma causing herniated discs. If you experience neck or back pain after an accident, it is important to seek proper medical care and notify a doctor of your complaints. Most hernias are not detectable until almost 30 days after an accident. In the meantime, you may experience muscle tightness and radiating pain to your legs and arms. If you have tingling or numbness in your fingers (neck injury) or toes (lower back), these can be signs of a herniated disc. Doctors prescribe MRI and EMG tests to detect any nerve damage as a result of a herniated disc pressing against the nerve roots existing in the spinal column.

Closed Head Injuries

Symptoms of closed head injury include:

  • Excessive sleepiness
  • Blackouts
  • Vomiting
  • Nausea
  • Dizziness
  • Blurred Vision
  • Mood Swings / Personality Changes

Here at Kleinick Law, our New York City Car Accident Attorneys have seen a number of cases where the prior attorneys failed to appreciate the client’s injuries ignoring the signs of CHT and failing to obtaining the proper medical consultations.

If you or someone you know has been seriously injured in a car accident, contact a New York City Car Accident Attorney at Kleinick Law and fill out a free case evaluation form today! Your initial consultation is FREE! "If we don't win, you don't pay!"

 
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