New York Car Accident Lawyer

Being in an auto collision is a life-altering event. One moment, you’re driving along, and the next, you’re dealing with serious injuries, medical bills, and financial stress. If you’ve been hurt in a crash that was not your fault, you need a powerful New York car accident lawyer on your side. 

At Hach & Rose, LLP, our experienced team of legal advocates has the knowledge and resources to help you seek the justice and full compensation you deserve. For nearly 25 years, our firm has served New Yorkers, securing over one billion dollars in settlements and verdicts for injured victims. We understand the physical and financial toll these collisions take, and we are prepared to fight tirelessly on your behalf.

Key Takeaways About New York Car Accidents

• New York is a no-fault state, meaning your own insurance typically pays for your initial medical bills and lost wages, regardless of who caused the crash.
• You must meet a “serious injury threshold” to file a personal injury lawsuit against the at-fault driver for non-economic damages like pain and suffering.
• Acting quickly is essential to preserve evidence, meet strict filing deadlines, and avoid mistakes that could hurt your claim.
• Car accident cases are complex, and insurance companies often make low-ball offers, so partnering with a legal team that understands New York’s insurance laws can recover the compensation you deserve.

A three-year statute of limitations applies to most personal injury claims stemming from a car accident, but some exceptions may shorten or lengthen this deadline.

The New York No-Fault System: Understanding Your Coverage

After a car crash in New York, the first step is typically to seek compensation through your own insurance policy’s no-fault coverage, also known as Personal Injury Protection (PIP). New York’s no-fault system is designed to provide prompt payment for economic losses like medical bills and lost wages, regardless of who was at fault for the collision. This helps to reduce the number of lawsuits filed for minor injuries and streamlines the process of getting necessary medical care.

However, no-fault benefits have limitations. They only cover up to a certain amount, depending on how much coverage you bought, and they do not provide compensation for non-economic damages, such as pain and suffering. When your injuries are severe or your economic losses exceed the no-fault limits, you may be able to step outside the system and file a personal injury lawsuit against the at-fault driver.

Meeting the “Serious Injury Threshold”

To file a personal injury lawsuit against the at-fault driver in New York and seek compensation for pain and suffering, your injuries must meet a specific “serious injury threshold.” New York Insurance Law §5102(d) defines what constitutes a serious injury.

This includes:

• Death
• Dismemberment or Significant Disfigurement
• A Fracture
• Permanent loss of use of a body organ, member, function, or system
• Significant limitation of the use of a body function or system
• A non-permanent injury or impairment that prevents you from performing your usual and customary daily activities for at least 90 out of the 180 days following the accident.

Proving that a particular injury meets this threshold is a complex legal task that requires thorough documentation and a deep understanding of New York law. Our experienced attorneys can evaluate your specific situation to determine if your injuries qualify you to pursue a lawsuit.

Common Types of Car Accident Injuries

A vehicle collision can result in a wide range of physical injuries, some of which may not be immediately apparent. Hire an Attorney After a Car Accident to protect your rights and build a strong case. Our firm has extensive experience representing car accident victims with a variety of serious injuries, including:

• Traumatic Brain Injuries (TBI): Caused by a sudden jolt or blow to the head, TBIs can range from a mild concussion to permanent brain damage. Symptoms may not appear until days or weeks after the crash.
• Spinal Cord Injuries: The force of a collision can damage the spinal cord, leading to chronic pain, loss of mobility, or paralysis.
• Neck and Back Injuries: Whiplash, herniated discs, and sprains are common neck and back injuries that can result in long-term pain and limitations.
• Fractures and Broken Bones: Severe impacts can cause simple or complex fractures that require extensive medical treatment, surgery, and rehabilitation.
• Internal Injuries: The forces involved can cause internal organ damage or bleeding, which can be life-threatening and may not show visible symptoms immediately.
• Soft Tissue Injuries: Damage to muscles, tendons, or ligaments can be difficult to diagnose but can cause chronic pain and long-term disability.

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What is the Value of My Car Accident Case?

One of the first questions on every victim’s mind is, “How much is my car accident case worth?” Get Paid After a Car Accident by working with our team, as the value of a claim is unique to each person and depends on a combination of factors. Our team works to identify all possible damages to ensure you get the maximum compensation you deserve.

The types of damages you may be able to recover include:

• Medical Expenses: Coverage for all past and future medical care related to your injuries. This includes ambulance fees, emergency room visits, hospital stays, surgeries, physical therapy, and prescription medications.
• Lost Wages and Income: Compensation for the income you have lost due to your inability to work. If your injuries prevent you from returning to your job or limit your future earning potential, you may also be entitled to compensation for lost future income.
• Pain and Suffering: This is a non-economic damage that compensates you for the physical pain, emotional distress, and mental anguish caused by your injuries.
• Loss of Enjoyment of Life: If your injuries limit your ability to participate in activities you once loved, such as hobbies or sports, you can seek compensation for the reduced quality of your life.
• Property Damage: Costs for repairing or replacing your damaged vehicle and any personal items lost in the crash.
• Disfigurement or Scarring: If your injuries leave you with permanent scarring or disfigurement, you may be able to recover damages for the physical and emotional impact.

How New York’s Comparative Negligence Rule Affects Your Claim

New York’s car accident laws can be complicated. Our team has the knowledge to navigate these legal challenges and build a strong case for you. For example, New York is a comparative negligence state. This means that even if you are partially at fault for the crash, you may still be able to recover a portion of your damages. Your compensation would be reduced by your percentage of fault. 

Our legal team is also well-versed in the specifics of New York’s wrongful death claims. Losing a loved one in a motor vehicle accident is a devastating experience. Under New York law, certain family members can seek compensation through a wrongful death claim to recover for losses like funeral costs, lost financial support, and emotional distress. It is important to know that these claims have a strict two-year statute of limitations from the date of death.

What Should I Do After a Car Accident?

The steps you take immediately after a crash and during your recovery can have a significant impact on your legal claim. Car accident settlements often depend on these early actions. While your top priority should always be your health, these actions can help you protect your rights.

1. Prioritize Medical Care: Seek medical attention immediately. Some injuries may not be apparent right away, and a medical professional can diagnose them and create a record that links your injuries to the crash.
2. Document Everything: If you can, take photos of the accident scene, vehicle damage, road conditions, and your injuries. Collect contact and insurance information from all involved drivers and passengers.
3. File a Report: Timely and accurate reporting is required by New York law. This helps to create an official record of the accident.
4. Do Not Admit Fault: Avoid making any statements to other drivers, passengers, or witnesses that could be seen as an admission of fault, even if you are just being polite.
5. Be Wary of Insurance Companies: Insurance adjusters may try to contact you soon after the accident. Do not give a recorded statement or sign anything without speaking to a lawyer first. They are not on your side and may offer a low settlement.
6. Call the NYC Car Accident Team at Hach & Rose: The sooner you reach out for a free consultation, the better we can prepare to build a solid claim for your injuries and losses. 

By taking these steps, you can help to build a solid foundation for your legal claim and ensure that you do not unintentionally hurt your ability to receive the full compensation you deserve.

New York Car Accident Attorney FAQs

Trust Hach & Rose to Fight For You in Your New York Car Accident Case

In New York, more than 300,000 motor vehicle crashes occur annually, with thousands resulting in serious injuries. When you are a car accident victim, you may face complex no-fault laws, demanding insurance companies, and a difficult road to recovery. You need a legal team that is ready to fight for you.

At Hach & Rose, LLP, we are committed to helping New York car accident victims get every penny they deserve. We have a proven track record of fighting insurance companies and securing life-changing results for our clients. 

While you focus on getting back on your feet, we handle the rest, from meticulously investigating your case to fighting for your rights in court. We work on a contingency fee basis, so you pay no upfront fees, and we only get paid if we recover compensation for you.

Take the first step toward protecting your rights. Contact a New York car accident lawyer from our award-winning personal injury law firm today for a free and confidential consultation. Call us now at (646) 971-9333 or complete our online contact form.