Brooklyn Car Accident Lawyer

If you’re involved in a car accident in Brooklyn, following the steps after the incident is essential. Yes, it is indeed a daunting and suddenly overwhelming experience. However, time is critical when gathering the necessary evidence and checking on all parties involved to ensure everybody is okay.

However, there may be times when a car accident may result in legal action, especially regarding the injuries sustained, lost wages due to missing work because of the injury, and so much more. That’s where a Brooklyn car accident lawyer can come into play. This guide will cover everything you need to know about the importance of hiring a car accident lawyer and the legal process that goes along with it.

You must select an experienced car accident lawyer who has worked with clients and ensured them the maximum compensation they deserve. Even after the accident, there may be situations where the insurance company may lowball you in terms of compensation. Having an experienced lawyer on your side will ensure it won’t happen. Let’s take a look now at what you need to know.

Importance of Hiring a Car Accident Lawyer

If you’re involved in a car accident in Brooklyn, the aftermath can be daunting. This includes dealing with medical expenses, repairing your vehicle, and negotiating with the insurance companies for fair compensation. This process can not only be stressful but also time-consuming. We suggest you find an experienced lawyer to help you navigate the complex legal obstacles.

You should also know that your rights will be protected, and an experienced lawyer will ensure you receive the compensation you deserve. By navigating the legal process, a skilled car accident attorney understands these cases, including the specific laws and regulations that apply in Brooklyn and New York. Duffy and Duffy, based in Uniondale, New York, have a team of lawyers who understand the process of insurance claims even after a vehicle accident. They have successfully negotiated fair compensation on behalf of their clients.

Having an experienced attorney at your side will give you peace of mind, knowing that they will handle the heavy lifting, from filing the necessary paperwork to being your advocate in court. This expertise will be critical as they can build a strong case while avoiding the everyday setbacks that may jeopardize your claim.

Hiring a car accident lawyer will also benefit you from maximum compensation. The lawyers of Duffy and Duffy know that the insurance companies are notorious for employing tactics where you are offered a low settlement—something they do to preserve their bottom line while considering their claimants a low priority. However, a lawyer will compensate you for all your losses, including medical expenses, lost wages, pain and suffering, and any applicable losses.

Experienced Brooklyn Car Accident Attorneys Duffy & Duffy

Since 1996, Duffy and Duffy have served car accident clients in New York City and Long Island. Our proven track record in successfully handling car accidents could give you peace of mind, knowing that if you go with us, you will be confident in what we can do for you. One of our more notable verdicts was against a commercial vehicle in a low-speed motor accident. Our client was a 30-year-old woman who suffered a cervical spine injury. Luckily, she didn’t need surgery, but she experienced plenty of pain and suffering to the point where we were able to secure a $1.4 million compensation against the liable party.

Duffy and Duffy have also been responsible for securing a $975,000 wrongful death settlement for a man who was killed in a motor vehicle accident. Whether the vehicle accident was fatal or not, it is vital to make sure that you have the proper legal representation to ensure you get fair compensation. We will fight for you tirelessly and ensure your expenses are handled accordingly.

At Duffy and Duffy, we offer personalized legal support designed to meet your specific needs. We also operate on a contingency fee basis, meaning you only pay for our legal services once you successfully secure compensation. We understand that you may face financial constraints after a vehicle accident. We will not ask for money upfront or turn you down because of the lack of funds. You deserve the best representation possible to ensure that your car accident situation is resolved.

Understanding Car Accident Laws in Brooklyn

There’s a challenge regarding the legal landscape of a car accident in Brooklyn. Some specific laws and regulations govern such incidents. By understanding the rules and how crucial they are in building a solid case, you want to make sure that you know what lies ahead should you pursue legal action.

Overview of Traffic and Personal Injury Laws in Brooklyn

What are the traffic and personal injury laws that not only pertain to Brooklyn but also the state of New York? Here are some critical aspects of the law you should understand:

No-Fault Insurance

New York State is considered a no-fault insurance state. This means that your insurance company will cover the medical expenses and lost wages after a car accident, regardless of who was at fault. This is designed to expedite the compensation process without legal litigation. They believe that such a process can be time-intensive. Therefore, pursuing additional compensation may be a good idea, as it requires meeting specific criteria, such as proving severe injury.

Serious Injury Threshold

If you are filing a lawsuit against the at-fault driver, you must demonstrate that the injury you’ve sustained meets the severe injury threshold per New York State law. This includes but is not limited to significant disfigurement, bone fractures, permanent limitation of use of a body organ or member, significant limitation of use of a body function or system, or substantial total disability for 90 days. It is essential to consult with a lawyer regarding a deep understanding of the severe injury threshold and whether or not your injuries have met it.

Comparative Negligence

The state of New York follows a comparative negligence rule. This rule states that if you are partially at fault for the accident, your compensation could be reduced by a percentage of your fault. For example, let’s say you are found to be 30% at fault for the accident. Once this is determined, your compensation will be reduced by 30%.

How These Laws Affect Car Accident Cases

Understanding how these laws impact your case in securing compensation is essential. Here’s a look at what goes on in an accident case regarding these laws:

No-Fault Insurance Claims

Filing a claim using no-fault insurance will cover your immediate medical bills and lost wages. The issue here is that it will not account for any long-term impacts, such as pain, suffering, or similar factors. No-fault insurance coverage is $50,000. The driver and your passengers could be subject to compensation.

Pursuing Additional Compensation

If the injuries you have sustained are severe enough to meet the serious injury threshold, it will be critical for you to pursue additional compensation from the at-fault driver. At this point, you want to make sure that you gather a substantial amount of evidence that will prove the severity of your injuries along with the other driver’s liability. That’s where enlisting the help of a Brooklyn car accident lawyer will come into play. They are known for gathering evidence such as photos and videos taken at the scene, witness testimonies, and other crucial factors that will help you build a strong case.

Handling Comparative Negligence

In some situations, the dispute over fault will be ongoing. For this reason, comparative negligence will be a consideration factor here. This is where an experienced Brooklyn car accident attorney from Duffy and Duffy will be able to help. They will present the evidence that will minimize your percentage of fault while maximizing your compensation.

The attorneys at Duffy and Duffy know the specific laws that govern car accidents in Brooklyn and the aftermath, including the pursuit of additional compensation for clients, the severe injury threshold, the no-fault insurance system, and others. You must ensure you tackle this legal situation with help, especially when it can be very complex, such as taking on the alleged liable party, the insurance companies representing them, and your insurance company.

What Should I Do Immediately After a Car Accident in Brooklyn?

Being involved in a car accident can be traumatic and life-altering. However, gathering your bearings and knowing what steps to take immediately afterward is essential. This is not only to ensure that you protect your legal rights but also your health. Do the following actions right after an accident in Brooklyn:

Ensuring Safety: First, you want to ensure you and your passengers are okay. That shouldn’t stop there; you want to make sure anyone else involved is not seriously injured as well. If there are injuries present, dial 911 immediately. Be sure to move the vehicles to a safe location if they appear to be causing a road hazard.

Call the Police: Your next step will be to report the accident to the police. Regardless if this is a minor or significant accident, you must notify them so they can document the scene and create an accident report. This report will be official and can be helpful in any future legal claims you choose to pursue.

Exchange Information: You want to gather contact and insurance information from all parties involved. Be sure to include names, phone numbers, addresses, driver’s license numbers, license plate numbers, and insurance details.

Document the Scene: When documenting the scene, you must take photos and videos of the accident scene. Be sure to include any vehicle damage, visible injuries, or any pertinent information or visible evidence that will help you establish fault and support your claim.

Gather Witness Information: If there are any witnesses or bystanders, it is vital that you also obtain their contact information and a brief statement of what they saw. These witnesses will provide an unbiased account supporting your version of events.

Seeking Medical Attention: Some injuries will not become apparent after an accident. For this reason, you must get a medical evaluation as soon as possible, even if you feel fine. Some injuries may not be evident immediately and can cause serious health issues.

Contact Your Insurance Company: Inform your insurance company about the accident immediately. Please provide them with the necessary details and cooperate with their investigation. However, be cautious when speaking to insurance adjusters and avoid making statements that could be interpreted as admitting fault. Consulting with a car accident lawyer before providing a statement can be very beneficial.

Please consult with a Car Accident Lawyer: Before proceeding with any legal action or accepting any settlement offers, it is crucial to consult with an experienced car accident lawyer. They will provide legal advice, help you understand your rights, and guide you through the process to ensure you receive the compensation you deserve.

Following these steps will protect your health and legal rights and lay a strong foundation for future claims.

If you have any questions or need further assistance, don’t hesitate to get in touch with the experts at Duffy and Duffy. We are here to help you navigate this challenging time and ensure you receive the best possible outcome for your case.

Finding the Right Car Accident Lawyer in Brooklyn

Finding the right car accident attorney in Brooklyn will be critical in ensuring you get the best possible outcome. It is essential to consider several factors when choosing an attorney:

Look for Specialized Experience: An attorney experienced in a particular specialty will understand your case’s laws and regulations. For example, a Brooklyn car accident attorney will understand the rules and regulations regarding car accidents in Brooklyn and all of New York City and Long Island.

Check the Track Record: Look up the lawyer’s track record in car accident cases. Find a history of settlements and verdicts that are successful on their end. The more they have, the more confidence you’ll have in their ability to handle your case.

Read Client Reviews: Look at the reviews of past clients. These testimonials will provide you insight into not only the lawyer’s reputation but also how they handle their cases. Look for positive feedback from past clients indicating a commitment to their clients.

Evaluate Communication Style: Communication can be crucial in solidifying the client-attorney relationship. Choose a lawyer who will communicate with you clearly and regularly, keeping you informed about the progress of your case.

Fee Structure: Many attorneys offer contingency fee arrangements, meaning they only get paid if you win your case. This can be beneficial for those facing financial constraints after an accident.

Determining Liability for the Car Accident

Understanding who is liable in a car accident is crucial. Liability must be established so the responsible party can compensate the injured parties. Here’s how liability is determined in Brooklyn car accident cases:

Duty of Care: Drivers in New York have a legal obligation to operate their vehicles safely and follow traffic laws. Failure to do so can result in penalties, civil or criminal.

Breach of Duty: Liability is established if it can be shown that a driver breached their duty of care. Common breaches include speeding, driving under the influence, running a red light, or similar infractions.

Causation: It must be proved that the breach of duty directly caused the accident and resulting injuries.

Damages: The injured party must demonstrate that they suffered actual damages, including medical expenses, lost wages, and pain and suffering.

Keep in mind that evidence is crucial in establishing fault. It’s important to have police reports, witness statements, photographs, videos, and expert testimony to support your case. Avoid making any statements that could be used against you.

How to Prove Fault in a Car Accident in Brooklyn

Proving fault in a car accident can be difficult, but securing compensation for injuries and damages is necessary. Here’s what you can do:

Gather Evidence: Document the necessary evidence to prove the other party was at fault. Review local traffic laws to understand and cite any violations by the other driver.

Seek Legal Counsel: Contact an attorney at Duffy and Duffy to help prove fault. They will document evidence, thoroughly investigate, and handle challenges like disputed facts and insurance company tactics.

Negotiating with Insurance Companies

Dealing with insurance companies after an accident is another hurdle. Insurance companies often prioritize their bottom line over fair compensation for victims. That’s why having a car accident attorney who will advocate for you against the insurance companies is essential.

Insurance companies may delay claims and pressure you into accepting low settlements. Our lawyers at Duffy and Duffy will ensure the insurance company does not take advantage of you.

Filing a Lawsuit and Preparing for Trial

Filing a lawsuit may be necessary if negotiations with the insurance company fail to produce a fair settlement. This process can be complex, but having a lawyer at your side will make it easier.

Your lawyer will walk you through the process, including the initial consultation, filing the complaint, service of process, and the defendant’s response. Most car accident lawsuits are settled out of court, but there is a possibility of going to trial if necessary. Regardless, Duffy and Duffy have the lawyers to represent you both in negotiations and court.

Brooklyn Eastern District of New York Courthouse

225 Cadman Plaza East
Brooklyn, NY 11201
Court Website

Frequently Asked Questions (FAQ)

Let’s address some frequently asked questions you may have about car accidents in Brooklyn:

Do I Need to Hire a Lawyer After a Car Accident?

You are not legally required to hire a lawyer after a car accident, but navigating the legal obstacles that may arise can be beneficial. Finding a skilled car accident lawyer will help you understand your rights and pursue fair compensation.

Can a Car Accident Lawyer Help Me Receive Compensation for My Injuries?

Yes, a car accident lawyer can help you receive compensation for your injuries and other damages. They will assess the full extent of your damages and pursue appropriate compensation.

What Is the Average Cost of Hiring a Car Accident Lawyer in Brooklyn?

All car accident lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This fee under New York law is a standard 1/3 of the final settlement or verdict.

Final Thoughts

At Duffy and Duffy, we ensure you get a car accident lawyer to represent you effectively. You should never have to tackle the legal situation alone after a car accident. If you believe you have a case, contact us for a free consultation at 516-394-4200. Our office is located at 1373 RXR Plaza in Uniondale, New York. We are here to help you navigate this challenging time and ensure you receive the compensation you deserve.