PRACTICE AREAS

Car Accident (Queens)
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Car Accident Lawyer Queens

O'Dwyer & Bernstien understand the extreme stress you're under as a car accident victim and would like to invite you to meet with a personal injury lawyer at our law office located in New York City, call 212-571-7100 today.

Most people will experience at least one car accident in their lifetime. The damages and injuries are not serious in most cases, so they quickly move on. Unfortunately, that can be impossible to do when you have sustained a serious personal injury In New York that leaves you with mounting medical bills, ongoing physical pain and emotional trauma, the inability to work, damage to your vehicle, and several other consequences.

Reserve Your Free Consultation as Early as Possible After Your Car Accident

In New York, you have three years from the date of your car accident to initiate a lawsuit with or without assistance from personal injury attorneys. The deadline to pursue a personal injury case is even less when your claim is against New York City, a county, or New York State. Filing deadlines are as short as 90 days and no longer than one year in those situations. With something as important as your financial future on the line, you owe it to yourself to at least discuss your case with our Queens car accident lawyers.

The law firm of O’Dwyer & Bernstien has served the needs of injured New York City residents and those in the surrounding communities of the Bronx, Queens, Brooklyn, Long Island, and Manhattan for the past 100 years. We are proud of our reputation as a personal injury law firm that aggressively fights for the rights of people with a serious injury to receive fair compensation from the insurance company representing the other party. Today, our law firm boasts an elite team of 12 experienced personal injury attorneys ready to help with your car crash lawsuit now.

We invite you to review some accident cases on our website to see for yourself the settlement amounts we have secured for other clients. While we can never guarantee a specific amount or outcome of car accident cases, you can feel confident that you have hired strong legal representation in New York City. We will challenge every piece of evidence or contradictory statement made by the defendant’s attorney or insurance agent as we press towards maximum compensation for your serious injuries.

Our Queens accident lawyers urge you not to let the New York statute of limitations expire or to wait too long to file a personal injury lawsuit. The more complex your car accident case, the more time we need to prepare for it.

New York is a No-Fault State for Car Accidents

New York is one of just 12 states that has no-fault laws on the books when it comes to car accidents. That means your insurance company and the insurance company representing the other party each pay for damages regardless of who caused the car crash. You can still pursue a personal injury lawsuit, but only in certain circumstances. These include:

  • Bone fracture
  • Permanent limitation on the use of a body part
  • Significant disfigurement
  • Significant limitation of one or more of the body’s organs
  • Substantial disability lasting more than 90 days

Even if you’re not certain that you meet one of these exceptions to the no-fault statute in New York, we encourage you to discuss the matter with an attorney from our personal injury law firm. We will provide you with accurate legal advice, including whether you qualify to file a personal injury lawsuit under New York law and the steps you should take moving forward.

Pure Comparative Negligence Rule in New York

When you file a car accident lawsuit in New York, the state uses a guideline known as pure comparative negligence. That means the insurance company representing the other party or a judge if your personal injury case goes to court can reduce your payment by the percentage of liability you hold in causing your own serious injuries.

You can be certain the other party’s legal representation will try to place some or all the blame on you to prevent you from receiving maximum compensation. Your car accident attorney will demonstrate how you share limited or no blame while pushing for the compensation you deserve. People who attempt to represent themselves in a personal injury claim can become intimidated by the process and end up settling for far less than they should or even losing the case altogether.

Types of Damages You Could Recover in a New York Car Accident Case

Your Queens car accident lawyers will argue for two types of compensation on your behalf. The first is actual damages such as medical expenses, lost wages, and property damage. The category of medical expenses covers the costs you have already incurred as well as those you expect to incur in the future. Examples of services for which you might receive medical bills include your hospital stay, doctor visits, medication, durable medical equipment, prescriptions, and modifications to your home or vehicle due to your serious injuries.

Similarly, lost wages also include past and present financial losses due to the negligent actions of the other party that caused the car accident. A winning lawsuit would include compensation for loss of wages because you’re no longer eligible for promotions or had to accept part-time or less challenging work. Property damage typically includes your vehicle and any personal items inside it such as a set of tools for work.

You could also receive non-financial damages such as pain and suffering, emotional distress, and loss of enjoyment of life. Like pure comparative negligence, these categories are subjective and require legal representation from an experienced New York personal injury attorney to increase your chances of receiving maximum compensation.

For more information on car accidents, read our complete guide on New York Car Accidents: Do’s And Don’ts After A Car Accident

Schedule Your Free Consultation with Our Queens Accident Lawyers Today

Motor vehicle accidents in Queens, Staten Island, Nassau, and other New York City communities can change your life in an instant. If you have sustained serious injuries in a car crash or lost a loved one to wrongful death, please don’t hesitate to contact the law firm of O’Dwyer & Bernstien to reserve a time for your initial consultation at 212-571-7100.

O'Dwyer & Bernstien take all personal injury cases on a contingency basis, which means you don't spend a dime on any attorney's fees unless we recover compensation for you.

Sources:

https://www.nolo.com/legal-encyclopedia/what-is-the-personal-injury-statute-of-limitations-in-new-york.html
https://www.alllaw.com/articles/nolo/personal-injury/laws-new-york.html