Get the Legal Help You Need After a New York Car Accident

Anyone who lives, works, or visits Manhattan regularly is well aware of how bad traffic is in New York City. Although traffic collisions may seem routine, a serious crash can devastate you and your loved ones. If you or a family member has been injured in an NYC car accident, you may be able to pursue a personal injury claim for the damages and losses you've suffered. To get the maximum compensation, you'll need the help of a dedicated and experienced New York car accident lawyer.

Almost every New Yorker has seen the impact of a traffic collision in our city and understands how devastating these events could be. But it can be extremely hard to move on and recover from a car accident once you have been involved in it. You have to adjust to your new injuries, try to cover rent if you have to take time off from work, and try to get your medical bills covered. This can be especially distressing when an insurance company offers you a low-ball settlement offer.

But there is help out there. Wingate, Russotti, Shapiro, Moses & Halperin, LLP, has helped many people and their families recover after a traffic collision, and our New York City car accident attorneys can advocate for proper compensation from the at-fault insurance company. While no amount of money can undo the trauma of a car crash, a car accident claim can significantly ease your financial burdens and compensate you for your pain and suffering. Contact us today to find out how we can help you. We can be reached at (212) 986-7353.

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What Damages Can I Recover After a New York Car Accident?

Our tenacious attorneys can help you pursue both economic and non-economic damages from an at-fault insurance company. Economic damages will take into account all of the financial losses you have suffered as a result of your injury, from your medical bills to the wages you lost while out of work. In contrast, non-economic damages can involve all of your personal damages, from emotional trauma to physical pain.

With the right attorney, you can recover financial compensation for the following damages after a car accident:

  • Current medical bills (including ambulance and emergency room fees)
  • Future medical bills
  • Property damage and loss
  • Pain and suffering
  • Physical therapy and rehabilitation costs
  • Lost wages
  • Loss of career or earning capacity
  • Wrongful death damages if you lost a loved one

Damages will ultimately come down to the type of injury you have suffered and the available liability policies. Brain injuries, for example, can cause a range of both physical and psychological injuries, such as mood swings and PTSD. However, even a spinal cord injury, while it may not affect your brain, can lead to emotional issues as you contend with your disability. To ensure you receive every cent owed to you after a collision, you will need an attorney who can thoroughly review your case and collect all available evidence to support your claim.

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What Evidence Is Collected for a New York City Car Accident Claim?

The New York City auto accident attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP have handled many car accident claims in our decades of practicing law. To build a case that secures you the maximum financial settlement, we will have to prove that you were the victim in your accident and the other party was at fault. Here are the most common pieces of evidence we will use to successfully secure your settlement:

  • Witness testimony
  • Photos of the scene
  • Police reports
  • Insurance company reports
  • Medical bills
  • Video evidence
  • Accident reconstruction

While some pieces of evidence will come from the police report and immediate events following the accident, other aspects may require an expert witness. We have worked with many car accident experts who are equally as passionate about advocating for injured parties and can acquire their aid in your case. But we will want to start reviewing all evidence for your claim as you do have a deadline for when you can file.

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Let Us Stand Up to Insurance Companies on Your Behalf

While you would hope that the at-fault insurance company would be sympathetic to your claim, that is often far from the truth. Insurance adjusters are not known for being charitable and, while they may seem friendly, will often try to devalue your injuries and minimize the amount of money they have to pay you. However, if you contact an attorney, you may have a better shot at recovering proper compensation.

We’ve gone up against many insurance companies in the decades we've been defending the rights of New York car accident victims. We know that insurance companies are not your friend and are well versed in fighting their underhanded tactics. When you work with Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we can handle all of your legal burdens, including:

  • Getting you in contact with proper medical doctors to get you the right treatment
  • Evaluate the costs of your injuries and calculate how much compensation you can receive
  • Review all insurance policies to determine what compensation is available
  • Investigate your case to determine who is liable for your accident
  • Collect evidence against the at-fault party
  • Negotiate with insurance adjusters to ensure you receive a sizable settlement offer
  • Advocate for you in a jury trial, if necessary

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Types of Automobile Collisions That Cause Serious Injuries

Any motor vehicle crash can cause serious injuries to drivers and passengers. Pedestrians, bikers, and motorcyclists are also at risk of catastrophic trauma. Within New York City, the most serious and common types of accidents are:

  • Head-On Collisions: The force of two moving vehicles colliding head-on often produces a terrific impact, since both vehicles contribute to it. The sheer force of the collision can cause a wide range of injuries - head trauma, neck injuries, spinal cord injury, internal injuries, fractures, and torn ligaments in the lower extremities.
  • Side-Impact (T-Bone) Collisions: Due to the close proximity of a driver or passenger to the point of impact, broadside collisions often lead to catastrophic injuries. These can include serious damage to internal organs, shoulder injuries, spinal cord damage, and hip fractures.
  • Rollover Accidents: In rollovers, vehicle roofs may be crushed or collapse on the driver and passengers, leading to head trauma and traumatic brain injury. There may also be damage to the spine, which can lead to permanent paralysis, either quadriplegia or paraplegia. When seat belts fail to tighten in a rollover, the vehicle occupants may be severely shaken and jolted as the vehicle rolls, almost always leading to whiplash.
  • Rear-end Collisions: Most people will think of a simple fender-bender when they imagine a rear-end crash, but these accidents can occur at high speeds and involve multiple catastrophic injuries. Drivers and occupants can be thrown against the steering column or collide with vehicles in front of them, leading to multiple points of impact. While in most cases the oncoming driver is at fault, drivers in front of them could also be to blame if they came to a sudden stop or back-up on a busy street.

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Different Types of Car Accident Injuries

Vehicle accident injuries can be broken down into two categories: impact injuries and penetration injuries.

  • Impact Injuries are usually caused by a body part striking a surface inside a vehicle, such as a steering wheel, dashboard, windshield, or headrest. Impact injuries often result in broken and crushed bones, injured internal organs, and internal bleeding. Whiplash and head trauma are also impact injuries that can result in spinal cord damage, brain damage, and concussion. While seat belts and airbags can prevent many impact injuries, they can't prevent them all. Airbags work well in head-on and rear-end collisions, but in side-impact collisions, like T-bones, they aren't as effective.
  • Penetration Injuries are cuts, lacerations, and punctures suffered by a victim in a car crash. These sorts of penetration injuries can be caused by broken glass or sheared metal from a car's frame. They can also be caused by loose items in the vehicle that turn into airborne projectiles during a crash. Harmless things like pens, cell phones, coffee mugs, glass bottles, and aluminum cans can cause significant puncture injuries in the chaos and destruction of a crash.

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The Dangers of Speeding in New York

Speeding is a common contributing factor in serious injury and fatal crashes in New York City. Drivers who cause crashes while driving at an unsafe speed can be held accountable for the injuries, damages, and losses they cause. According to the National Highway Traffic Safety Administration (NHTSA), about 30% of all fatal crashes in the U.S. involve a driver who was operating a vehicle at an unsafe speed.

In 2012 in New York, speeding drivers played a role in 81 deaths, compared to 49 lives lost in 2011. This increase in fatalities forced the City to take action, particularly around schools. In 2013, the New York City Department of Transportation installed speed enforcement cameras citywide to curb speeding drivers.

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Car Accident Statute of Limitations in New York

A statute of limitations is a state law that sets a time limit on how long you have to file a lawsuit for an injury after the injury occurs. Under New York Civil Practice Laws & Rules Section 214, anyone injured in a car accident (driver, passenger, motorcycle rider, bicyclist, pedestrian) must file a personal injury lawsuit within three years of the date of the crash. However, if the victim is under 18 years of age, the statute of limitations doesn't start until the victim turns 18 and ends three years later.

In the tragic event that you've lost a loved one in a New York City car accident, the statute of limitations for filing a wrongful death claim is only two years from the date of the person's death. Remember, the wrongful death deadline isn't related to the date of the accident, but the date the victim passed away from injuries related to the crash.

However, there are instances where your injuries were the fault of a government worker or a government agency that caused dangerous road conditions. If you're suing the state of New York, you only have two years to file a claim. If you are suing a municipality or government agency, the statute of limitations could be one year or less. This is why it is important to speak to an experienced auto accident attorney as soon as possible after your accident.

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Frequently Asked Questions About Auto Accidents

Q: Can I still file a claim if I was partially at fault for my accident?

A: Yes. New York is a comparative negligence state, meaning that the court will decide what degree of fault each party has for the accident and apply that percentage to the damages awarded.

Q: Should I speak with the other driver's insurance company?

A: Not until you've consulted your own attorney. Even then, it’s better to let your own attorney communicate with the other party's insurer. Insurance adjusters may take a statement you've made, twist it around, and use it against you.

Q: Should I accept the insurance company's offer?

A: Not until you've consulted your lawyer. Insurance companies will always try to lowball you and offer you a settlement that is far less than you deserve. An experienced auto accident attorney can help you determine how much you should ask for.

Q: What if I can't afford an attorney?

A: That's never the case. Any reputable personal injury attorney will not charge you any fees upfront. They will collect their payment from the settlement they win for you. Legal costs are usually about one-third of the overall settlement.

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Why Choose Wingate, Russotti, Shapiro, Moses & Halperin, LLP?

Our attorneys have been representing injured people for more than 50 years. We have recovered hundreds of millions of dollars for our clients, including multi-million-dollar recoveries in auto accident cases. We give your case the attention it deserves and will aggressively pursue the compensation you need. Contact us today for a free consultation regarding your auto accident injury claim. Wingate, Russotti, Shapiro, Moses & Halperin, LLP can be reached at (212) 986-7353.

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Additional Information

Our Car Accident Case Results

$8.3 Million - New York State Record-Setting Verdict for Single Level Cervical Discectomy

Pursuant to the New York Jury Verdict Reporter, WRSMH attorney Frank J. Lombardo obtained the highest recorded verdict in the State of New York for a single level cervical discectomy.

Frank Lombardo

$6.2 Million - Intersection Accident

WRSMH attorney was able to obtain a jury verdict in the amount of $6.2 million on behalf of our client, a 60-year-old Brooklyn woman involved in a motor vehicle accident.

WRSMH LLP

$5.5 Million - New York Motor Vehicle Accident

WRSMH attorney Bryce Moses obtained a verdict in the amount of $5,500,000 for our client who was exiting the Staten Island Expressway when her motor vehicle was struck by a Con Edison van.

Bryce Moses

$4.5 Million - Two Passengers Injured in Rear-end Accident

Jay Wechsler obtained an excellent result at the early stages of a case for two clients who were injured in a rear-end accident.

Jay Wechsler

$3.4 Million - Two Backseat Passengers Suffered Severe Injuries in Rear-End Accident

Konstantin Burshteyn successfully represented two backseat passengers who suffered injuries in a rear-end accident.

Konstantin Burshteyn

$3.3 Million - Client Struck By Van While On a Scooter

Attorney Jason Rubin obtained a large settlement for a man who was injured after being struck by a van while on a scooter.

Jason Rubin

$3 Million - NY Motor Vehicle Accident

Cliff Shapiro and another WRSMH attorney were able to obtain a settlement in the amount of $3,000,000 on behalf of a forty-five year old man from Queens who suffered injuries to his neck and lower back in a crash.

Clifford Shapiro

$2.9 Million - NY Access-A-Ride Van Accident

WRSMH settled the case of our client who was hit by an Access-A-Ride van after mediation and before trial for $2.9 million dollars.

WRSMH LLP

$2.8 Million - Three Car Auto Accident in NY

WRSMH attorney obtained a $2.8 million settlement during trial for our client who was involved in a three car accident. The plaintiff was struck twice from behind in a rear-end collision involving two vehicles.

WRSMH LLP

$2.766 Million - Passenger Injured in Sideswipe

Konstantin Burshteyn represented a client, a passenger in a vehicle, who sustained multiple injuries in a sideswipe accident.

Konstantin Burshteyn

$2.75 Million - Rear-end Van Accident in Queens

Douglas Milch obtained a large settlement for a group of individuals injured in a van accident in Queens on the Grand Central Parkway.

Douglas Milch

$2.75 Million - NY Intersection Car Accident

Phil Russotti and Kenneth Halperin obtained a settlement for our client in the amount of $2,750,000, in this case in which the plaintiff's motor vehicle was struck in the rear.

Philip Russotti, Kenneth Halperin

$2.5 Million - New York Motor Vehicle Accident

Kenneth Halperin obtained a combined settlement in the amount of $2,500,000 for a 66 year old woman and her 32 year old daughter who were injured in a motor vehicle accident.

Kenneth Halperin

$2.5 Million - Queens County Resident's Vehicle Hit by Rental Truck

Douglas Milch obtained a large settlement for a Queens County resident who was injured in a collision with a rental truck.

Douglas Milch

$2.3 Million - Sideswipe Accident Causes Serious Injury

Michael Fitzpatrick obtained a large settlement for an immigrant, who was a passenger in a vehicle that was sideswiped in a Brooklyn.

Michael Fitzpatrick

$2.25 Million - Permanent Injuries from Rear-end Accident In The Bronx

WRSMH attorney recently settled a case for a client who sustained permanent neck and back injuries after being rear-ended in the Bronx.

WRSMH LLP

$2.25 Million - Rear-End Motor Vehicle Collision

Our client sustained multiple injuries as the result of a rear-end motor vehicle collision.

Stephen Wagner

$2.25 Million - Passenger Injured in Rear-End Accident

Konstantin Burshteyn successfully represented a client who sustained multiple injuries as a passenger in a rear-end accident.

Konstantin Burshteyn

$2 Million - NY Rear-End Accident

Kenneth Halperin and another WRSMH attorney were able to obtain a settlement in the amount of $2,000,000 on behalf of our client, a 40-year-old woman from Kings County.

Kenneth Halperin

$2 Million - New York Rear-End Collision

Kenneth Halperin and another WRSMH attorney were able to obtain a settlement in the amount of $2,000,000 on behalf of our client, a 45-year-old man from Queens County.

Kenneth Halperin

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