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Bronx Car Accident Lawyers Near You

What should I do after a Bronx car accident?

After a Bronx car accident, it is very important to:

1. Call the Police. Leaving the scene of an auto accident is a crime in New York. The police will take a report from both drivers and prepare a police report.

2. Get medical care if you are feeling pain. The Bronx has excellent urgent care centers, hospitals, clinics, and physical therapy offices where you can get checked out.

3. Take photos of the location, damage to the cars, and any injuries sustained. This can prove to be very helpful evidence later on.

4. If you are hurt, consult with a personal injury lawyer. The F&A Injury Law Firm has a convenient office at 20 East 205th Street Bronx, New York with a dedicated staff who is ready to help with your injury case. An experienced car accident lawyer near you can provide guidance, coordinate medical care, and litigate the case properly for maximum compensation.

We offer a free consultation and a no-fee promise. Our law firm’s legal fee is only paid as a percentage of the recovery we win for you. Our goal is to help serious accident victims and their families.

In this Guide:
Who Should I Sue For My Injuries After A Car Accident Lawsuit?
Determining Fault In The Bronx
Statute Of Limitations
The Car Crash Claims Process
What Can A Bronx Car Accident Lawyer Do For Me?
Can I Still Obtain Money Compensation If I’m A Little Bit At Fault For My Car Accident?
How Can I Get My Car Accident Expenses Paid?
Why Do I Need A Bronx Car Accident Lawyer?
How Are Car Accident Lawsuits Different From Other Personal Injury Cases?
Can I Still Win A Car Accident Lawsuit If I Am An Illegal Immigrant Or Undocumented?
Do I Need To Hire A Personal Injury Lawyer In The Bronx, NY?
Will My Car Accident Case Go To Trial?
What Is No-Fault In New York?
Contact A Bronx Car Accident Lawyer Near You

Who Should I Sue for My Injuries After a Car Accident Lawsuit?

After a car accident, a personal injury lawsuit can be filed against the driver and owner of the cars involved in the crash. In some cases, you can also sue a driver’s employer or business if the car was being used in the course and scope of employment. It is very important to name all the property parties when filing a Bronx car accident lawsuit. An experienced Bronx auto accident attorney can help obtain full compensation for your accident claim.

Determining Fault in the Bronx

In the event of a collision between two vehicles, at least one party is usually at fault. That being said, even if one of the drivers is behaving illegally and causes an accident—such as texting while driving or driving drunk—the collision is still generally considered accidental.

When people injured in accidents claim the other driver was at fault, it is commonly done using the legal cause of action known as negligence. To win a negligence case, a plaintiff needs to prove three main things:

  • The defendant owed them a duty of care
  • The defendant failed in this duty
  • The breach of duty caused the injuries

Duty of care is always present in a car accident case because all motorists assume a duty to care for everyone else on the road whenever they get behind the wheel. Proving a breach of this duty is usually the main point of contention in a car accident case. If, as mentioned above, one driver was texting at the time of the accident, they will almost always be found at fault. However, other instances of negligence are harder to prove.

To prove the proximate causation of injuries in an accident, a person should attend regular doctor visits. They should also keep a record of all injuries specifically caused by the car accident and the treatment they require for them.

Statute of Limitations

There is a limited time after the collision to file a claim. This is known as the statute of limitations. In the Bronx, all claims alleging personal injury due to negligence must be filed within three years of the accident.

The Car Crash Claims Process

The law requires all drivers to obtain and keep car insurance that covers them in case of an accident involving personal injury. Whenever someone attempts to claim that the other driver caused their injuries in an accident, the responsible party’s insurance company is always the first source for compensation. However, these insurance companies do not pay out benefits to just anyone who asks. Their representatives are well-versed in the law and will defend their drivers against claims of negligence.

As soon as an accident occurs and the defendant driver reports it to their insurance company, the company will often begin to formulate a defense. Plaintiffs must do the same. They should also avoid providing any written or recorded statements to the insurance company. A Bronx car accident attorney may provide valuable assistance with this process. A lawyer can help an injured driver avoid making any mistakes that could jeopardize their claim.

What Can a Bronx Car Accident Lawyer Do for Me?

If you are an accident victim, your Bronx car accident lawyer is your advocate and counsel. Your attorney fights for you to obtain the maximum monetary compensation possible. Remember there is a statute of limitations on car accident lawsuits which is three (3) years from the date of the accident in New York. If you were hit by a City bus or other municipal vehicle, the time limit is only ninety (90) days to file a Notice of Claim and then One year and 90 days to file a lawsuit. During the litigation process, your lawyer also helps coordinate your medical care by reviewing your diagnosis and prognosis with your doctor and making sure you are seeing top specialists and your injuries are getting better. It is vital to have a personal injury lawyer on your side since car insurance claim adjusters are working to defend the insurance company. Their job is to pay out as little for injury claims as possible even if they are at fault and even if they see you have serious injuries.  At Frekhtman & Associates, our compassionate injury attorneys work tirelessly to obtain all of the damages you are entitled to including:

  • pain and suffering
  • loss of enjoyment of life
  • lost wages, salary, and other income losses
  • the cost of medical care, surgery, therapy, prescriptions, etc. past and future medical expenses
  • payments to repair your car

Our firm works with you to discover and tell your story to a jury and prepare the case for trial. Building a trial-ready case enables us to command the largest settlements and verdicts possible. Sometimes a car accident lawsuit can also be a wrongful death case or involve a claim for subsequent medical malpractice. No two personal injury cases are alike which is why it is so important to consult with an experienced car accident lawyer. Contact us at (212) 222-1111 or fill out our contact form to obtain full compensation for your injuries.

Can I Still Obtain Money Compensation if I’m a Little Bit at Fault for My Car Accident?

Yes. Everyone who is involved in a car crash can get their medical bills paid up to $50,000 under the New York No-Fault law. You can also obtain lost wages through No-Fault. With respect to the lawsuit, a jury will decide and apportion the percentage of fault between the cars involved in the accident. As a plaintiff bringing suit, you cannot recover money for the percentage of fault assigned to you. So for example, if you are a driver who gets into a sideswipe car crash and a jury finds you are 50% at fault and then allows for $200,000 in their verdict, you would receive $100,000. Remember that a settlement offer can be received before you file a lawsuit, during discovery, and even at trial. The insurance adjuster wants to avoid paying fair compensation which is why having a strong lawyer in your corner is so vital.

How Can I Get My Car Accident Expenses Paid?

Some expenses can be paid by the auto insurance carrier of the vehicle you are sitting in. This is known as the New York State No-Fault law. The insurance company of the vehicle you are in pays up to $50,000 in first-party benefits also known as personal injury protection or PIP benefits. Medical bills and lost wages are two categories of expenses that are usually paid by No-Fault. You can also sue the at-fault driver and owner to recover more expenses such as medical expenses not covered by PIP, property damage not covered by insurance, and out-of-pocket expenses. We are ready to provide the legal help you need to obtain full justice.

Why do I Need a Bronx Car Accident Lawyer; Why can’t I Just get a Settlement Myself by Calling the Insurance Company Directly?

If your claim is very minor such as a fender bender where you are certain you have no pain and will not get any medical care, then you can contact the insurance company to obtain payments such as property damage claims, lost wages, reimbursement for a rental car, travel expense reimbursement, and other small payments. However, if you do have symptoms and think you may need to have medical treatment in the future, it is best to consult an experienced personal injury lawyer. The insurance companies have skilled adjusters and hire top law firms to defend themselves. Their goal is to save their own money and pay out nothing or as little as possible. Dealing with them on your own is not advisable.

How are Car Accident Lawsuits Different from other Personal Injury Cases?

With car accidents, you have a No-Fault system whereby you can obtain first-party benefits. The auto insurance company for the car you are sitting in will pay for all your medical treatment up to the $50,000 limit. Lost wages or lost income can also be reimbursed. This does not apply to other cases like a motorcycle accident, slip and fall or premises liability accident, medical malpractice, etc. but only applies to motor vehicle accidents in New York State.

Can I Still Win a Car Accident Lawsuit if I am an Illegal Immigrant or Undocumented?

Yes. Personal injury lawsuits, including car accident claims, can be filed without factoring in an individual’s immigration status. So being undocumented is not a factor that would hurt or limit your case. It just does not matter. In the New York Metro area, including the Bronx, many undocumented individuals have filed personal injury claims for auto accidents that were successfully resolved.

Do I need to Hire a Personal Injury Lawyer in the Bronx, NY?

If you were involved in a Bronx car accident, it is often advisable to consult with a local Bronx lawyer. This is true for many reasons. First, local lawyers are more experienced with local rules that are put into place in specific counties like the Bronx by judges for counsel and litigants. Knowing the ins and outs of local practice will be an advantage. Second, if you live in the Bronx, it is more convenient to have a local lawyer who can help coordinate your medical care with local doctors. You can easily visit your lawyer’s local office for consults, deposition, and trial prep sessions, and at other times a meeting is needed. This is easier than traveling to neighboring metro NYC counties such as Westchester, Queens, Manhattan, Staten Island, Brooklyn, Nassau, or Suffolk counties for a quick visit with your lawyer or medical provider. Frekhtman & Associates have experienced Bronx injury trial lawyers who are passionate about helping serious injury victims and their families. Obtain a free consultation from Bronx auto accident attorneys who will fight for your rights to maximize recovery in your personal injury case. Aggressive representation can help you obtain maximum financial compensation.

Will my Car Accident Case go to Trial?

While most car accident cases and lawsuits settle before trial, some cases may need to proceed to trial for several different reasons. Every case is unique. Preparing your case fully and building a strong case for trial will allow you to command full value in settlement or during trial. If you were involved in a Bronx, New York City auto accident, it is very important to have a personal injury attorney review all aspects of your injury case. This will provide valuable information as to whether your specific case can be settled versus proceeding to a jury trial.

What is No-Fault in New York?

New York has a no-fault law and auto insurance system. The auto insurer for the vehicle you are sitting in will pay for your medical bills and lost wages up to $50,000. To sue the at-fault driver, you need to overcome the serious injury threshold. There are 9 categories of serious injury, including death, a fracture or broken bones, loss of fetus, and others. An experienced car accident attorney can provide guidance, legal services, quality representation, and sound legal advice for your personal injury case.

Contact A Bronx Car Accident Lawyer Near You

Getting into a car accident, even a relatively minor one, can throw your life into chaos. Your car may be damaged, you may need treatment for injuries, and you may miss significant time at work.

If you have been injured in a car accident and need to speak to a Bronx car accident attorney near you, contact Frekhtman & Associates online or call (212) 222-1111 for a free consultation. Our Bronx accident lawyers are available to help you through this uniquely challenging experience. They can help you investigate and pursue your claim. Additionally, if you’ve been involved in a truck accident, our Bronx truck accident lawyers are ready to fight for your rights and navigate the unique challenges these cases present. Contact us today for compassionate support and aggressive representation.