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Accident Attorney
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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