Brooklyn Car Accident Lawyers
Upholding Your Rights During a Car Accident Claim
Were you in a wreck while driving through New York? If you’ve suffered severe injuries or your car was totaled, then you’ll have to file a claim against the other driver, which is difficult, to say the least. Let The Law Firm of Davidoff & Associates help you understand your legal options and take action in pursuit of fair compensation. Our Brooklyn car accident attorneys are here to help you from start to finish.
How Long Do You Have to File a Car Accident Claim?
First things first, you need to know if you’re running out of time to file a car accident claim. Here in New York, there is a three-year statute of limitations for personal injury claims, including car accident claims. The statute begins on the date of the crash or when it first becomes obvious that you have been injured, which, in most cases, will be the same date as the collision. When the three-year statute of limitations ends, you cannot file a claim without expecting it to be dismissed by the court.
Suing After a Crash
New York requires drivers to carry personal injury protection (PIP) insurance. After a crash, PIP insurance pays each injured party for medical bills and lost wages, primarily, regardless of who is at fault for causing the crash. This is useful if you know that the accident was partially your fault, such as if you were hit by a drunk driver but you were texting at the time.
PIP insurance in New York does not typically cover damages for:
- Vehicle repairs
- Pain and suffering
- Certain miscellaneous costs
To file a claim against a driver, you must first use your PIP insurance to its cap and you must have suffered a “serious injury.” If you still have outstanding damages, you can then sue the other driver by filing against their auto insurance policy. Importantly, you cannot receive the same type of damage twice. For example, if your PIP insurance covered all of your medical costs, then you can’t sue the other driver for those costs, too.
What is a Serious Injury?
New York liability law considers an injury to be serious if it involves a:
- Broken bone
- Significant or permanent disfigurement
- Permanent disability
- Significant debilitation
- 90-day (or greater) period of total disability
Can You File a Claim as an Injured Passenger?
As an injured passenger, the first place to look for compensation or damage coverage is your driver’s PIP insurance policy. You should have been covered by their PIP insurance as their passenger. This is also true if you were a pedestrian when a driver hit you.
If their PIP insurance is not enough to cover your full damages and you were seriously injured under the law’s definitions, then you can consider your options for filing an injury claim against the liable party. Assuming that your driver was hit by someone else who caused the crash, you would file your claim against that other driver. But if your driver contributed or caused the accident, you would instead file against their auto insurance policy for unpaid damages.
Hire Our Attorneys Today
If you have been in a serious car accident in Brooklyn, then our attorneys would be happy to help you understand your rights and options. We’re proud of the reputation we have built within our communities for being tenacious and compassionate legal representatives for the wrongfully injured. See what we mean for yourself by dialing (888) 211-1116 and getting a FREE consultation.
Wrongful Death from Motor Vehicle Accident $10,018,876
Settlement for a wrongful death resulting from a motor vehicle accident.
Pedestrian Accident Involving a School Bus $1,950,000
75-year-old woman crossing the street when struck by a school bus, sustaining a fractured skull with associated traumatic brain injury.
Motor Vehicle Accident from a Rear-End Collision $1,375,000
47-year-old warehouse worker involved in a rear-end collision. He suffered neck and back injuries requiring disc fusion surgery to his lower back.
Motor Vehicle Accident Resulting in Lower Back Injury $1,350,000
37-year-old woman, a homemaker, sustained a serious injury while driving her child from school. Among other injuries, she suffered an injury to her lower back, requiring surgery involving a discectomy with fusion.
Motor Vehicle Accident Resulting from Rear-End Collision $1,250,000
A 42-year-old construction worker was involved in rear-end collision in the Bronx. Among other injuries, he suffered neck, shoulder and back injuries, requiring multiple surgeries. The case has been resolved at the time of trial.
Pedestrian Accident While Crossing the Street $1,250,000
A 71-year-old woman, a secretary, was crossing the street when she was hit by a car. She sustained multiple injuries, including a fractured leg, requiring several surgeries. The case has been resolved during the discovery stage.
Motor Vehicle Accident Resulting from Rear-End Collision $1,100,000
A 71-year-old retired female involved in a rear-end collision. She sustained traumatic injuries to both shoulders and neck which necessitated disc fusion.
Motor Vehicle Accident Resulting in Neck & Back Injury $1,000,000
A 37-year-old stay-at-home mother/wife sustained a severe injury to her neck and back.
Motor Vehicle Accident Involving a Parked Car $1,000,000
The Highest Verdict in the State of New York obtained in a Summary Jury Trial. A 68-year-old male was loading groceries inside his parked vehicle when another vehicle collided with his car. Subsequently, the claimant required two procedures to repair his disabled left shoulder.
Motor Vehicle Accident Involving a Cab Driver $975,000
A 50-year-old female cab driver was stopped at the light when she was struck in the rear by a van. Among other injuries, she sustained a severe injury to her neck that required a multi-level disc fusion.
Very professional and kind.- Derek
I would refer Mr. Davidoff to someone in a heartbeat...- Eddie
The firm handled my process and my issues professionally.- Adelya
They work hard to get you what you deserve.- Lorrine
Informative, helpful and very understanding people.- Ardens
Experience on Your Side
We leverage decades of experience to fight for the full compensation that you deserve after an accident.
Focused on Personal Injury
Our commitment to personal injury law allows us to stay informed on changes that can impact your case.
Our attorneys work closely with each client, following up on medical appointments and staying involved every step of the way.
Our lawyers abide by a standard of ethics in service of our clients’ safety and satisfaction.
We are here to guide you through the legal process & provide you with legal solutions tailored to your case.
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We dedicate time to each and every client and are committed to being there for you when you need us.