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Car accidents can be events that alter your life. These can result in severe injuries and even significant financial burdens. The borough of Queens, New York, is where plenty of residents and visitors will navigate the roads daily; as such, they also risk being involved in a car accident—a reality that seems all too real. When faced with the aftermath of a car accident, you want to have the guidance and representation of a car accident attorney with years of experience who can protect your rights while obtaining the compensation you deserve.
We will explore the importance of hiring a car accident lawyer in Queens and the legal landscape surrounding personal injury laws. If you’ve been in an accident in Queens, you want to take the necessary steps to ensure that you get legal representation if such is required. You’ll also learn about the entire legal process of finding the right car accident attorney, determining liability, and other parts of the process. Let’s discuss now with everything you need to know to see if pursuing legal action is possible.
The Importance of Hiring a Car Accident Lawyer
It can be an overwhelming and daunting challenge to navigate the complex obstacles of car accident claims. This is especially true if you are dealing with injuries, continuous medical expenses, and the emotional distress that is often associated with traumatic events. With this in mind, enlisting the expertise of a dedicated car accident lawyer in Queens will become invaluable to you. These are some of the reasons why you should hire an experienced attorney sooner rather than later:
Navigating complex legal procedures: The legal system has numerous procedural rules, deadlines, and other requirements. This means it will be difficult to tackle if you decide to take care of it alone. That’s why it is vital to ensure you have an experienced car accident lawyer. That’s because they are familiar with these complexities and will guide you through the entire process from start to finish. They will also protect your rights, and you will not overlook any critical steps.
Investigating the accident and gathering evidence: It should be noted that a strong case being built will require the collection of substantial evidence via a thorough investigation. A skilled attorney will give you peace of mind because they will work tirelessly to gather and preserve crucial evidence, including police reports, witness statements, surveillance footage, and expert testimonies. Having this evidence will solidify your case and establish who’s at fault while maximizing your chances of getting fair compensation.
Dealing with insurance companies: Even though, on paper, insurance companies seem to provide a service that will give you peace of mind, they are profit-driven entities that will often prioritize their interest over car accident victims. Unfortunately, they could employ tactics that will minimize your payouts and even deny claims, especially if they are valid enough with the evidence you have put together. Having a car accident lawyer in Queens will help you understand the strategies employed by these insurance companies, and they will negotiate with you. They will ensure you receive the total compensation you are entitled to, not a portion.
Calculating fair compensation for damages: Determining the appropriate compensation for damages resulting from a car accident can be challenging. For this reason, having an attorney well-versed in car accident cases will evaluate all aspects of your case. They will consider medical expenses, lost wages, pain and suffering, and potential future costs. They will ensure you get the maximum compensation for your injuries and losses. They also understand that such financial hardships could arise as a result of an incident that is considered unexpected.
Remember that navigating the legal process without an attorney will be very risky. In addition, a less favorable outcome is more likely. You can save yourself the headache, the stress, and the financial implications by hiring a skilled accident lawyer in Queens, such as Duffy and Duffy.
They come with over 30 years of experience helping car accident victims in Queens, New York City, and Long Island. Understanding Personal Injury Laws in Queens Before pursuing a car accident claim in Queens, it is critical to have a solid understanding of the relevant personal injury laws that will be covered under such cases. The laws could significantly impact your ability to seek compensation and the potential outcome of your case. Duffy and Duffy remind you that there are some critical aspects of personal injury laws in Queens that you need to know, including but not limited to the following:
Statute of limitations: It is essential to know the statute of limitations for filing a personal injury lawsuit related to a car accident. The statute of limitation in New York is three years from the accident date. It should also be noted that accidents that result in fatalities allow for a statute of limitation of two years for the surviving family members to take action. Either way, it is a race against time when it comes to considering legal proceedings for personal injuries related to a car accident.
Types of damages: You may be entitled to recover two main types of damages in a car accident. These include economic and non-economic damages, but how are they defined? Economic damages refer to the quantifiable losses. These include but are not limited to Medical expenses, Lost wages, Property damage, and other out-of-pocket expenses that result from the accident. Meanwhile, non-economic damages are for non-monetary losses, including pain and suffering, loss of enjoyment of life, emotional distress, and other intangible impacts resulting from the accident.
Comparative negligence rules in New York: The state of New York follows a pure comparative negligence rule, meaning that even if you are partially at fault, you might be able to recover compensation.
It is important to remember that your awarded damages may be reduced in proportion to your percentage of fault. For example, if you are 20% responsible for the accident, the compensation you receive will be reduced by 20%.
Since a comprehensive understanding of these personal injury laws is essential, you want an attorney while pursuing a car accident claim in Queens. They have the experience to navigate the personal injury laws and will also give you additional guidance if you have any questions or concerns.
What steps should I take after being involved in a car accident in Queens?
Should you find yourself involved in a car accident in Queens, it is critical to take these appropriate steps to protect your rights and ensure that you have a strong case in seeking compensation. Our lawyers at Duffy and Duffy advise you to take the following steps:
Seek medical attention: You must seek medical attention as soon as possible because your health and well-being should be a top priority even after a car accident. While you might not feel injured at the outset, seeking medical attention as soon as possible will be critical. Some injuries like Whiplash or internal injuries may not manifest symptoms immediately. With prompt medical care, you can document injuries and ensure proper treatment. Don’t think that skipping medical attention is necessary after a vehicle accident.
Document the accident scene: To ensure that you have a solid case, you want to gather as much evidence as possible from the accident scene. Take photographs or videos of the accident involved, the surrounding area, or any visible injuries or property damage that has been sustained. In addition, you want to collect the names, contact information, and insurance details of all parties involved. This includes any witnesses or bystanders who may have been in the area during the accident.
Report the accident: Next, you must report the accident to the necessary authorities, such as the police or the New York State Police. The reason for this is that an official accident report needs to be filed so you can obtain it and then establish the facts of the case while being able to support your claim.
Contact an experienced car accident lawyer: Seeking legal representation, especially from an experienced accident lawyer in Queens, should be one of the most critical priorities to address after an accident. Having an attorney will help you protect your rights, guide you through the legal process, and also assist you if you’re dealing with any complexities in dealing with the insurance companies or potential legal action that may be held against you.
After a car accident, you may be processing the event slowly and might be shocked by it all. Let this lead you to remember the kind of actions that you need to take as soon as possible. This includes collecting critical evidence and witness testimonies, which will be challenging to obtain as time passes. The sooner you take action after a car accident, the better. If you are able to move the vehicle, park it in a safe place, such as a shoulder, and leave it.
Assessing damage and checking if the other parties are injured is also essential. Whether there are injuries or not, please contact the proper authorities as soon as possible. Remember to follow the steps outlined in this section as well.
Finding the Right Car Accident Lawyer in Queens
Finding the importance, especially if the goal is finding the best possible outcome for your case. Plenty of law firms and attorneys focus on car accident cases, yet not all of them are created equal. These are some of the critical factors that you want to look out for while finding the right car accident attorney in Queens:
Qualities to look for: There are three significant qualities in a law firm or attorney who is experienced in handling car accidents. First and foremost is the experience itself. How familiar are they with local laws, court procedures, and negotiating with insurance companies? That is a particular green flag if they have proven experience in these aspects. It’s also important to know about the firm’s or attorney’s overall reputation. Check out any online reviews, testimonials from previous clients, and ratings. This will allow you to gauge their professionalism, communication skills, and track record of success. Last but not least, it is vital to make sure that they communicate effectively throughout the legal process. A responsive attorney, evident in their explanations, and keeping you informed of your case’s progress will be paramount.
The initial consultation: Many reputable car accident lawyers in Queens will offer a free consultation. This also includes Duffy and Duffy. If you want to take advantage of this opportunity to discuss the details of your case, feel free to ask questions and gauge the attorney’s knowledge, communication style, and overall approach. This will decide whether this will be the attorney or law firm you want to use during your legal proceedings.
Contingency fee arrangements: Car accident lawyers only work on a contingency fee basis, meaning they only get paid if they successfully secure compensation for you. This will give you peace of mind, so you won’t have to worry about any upfront legal fees. You’re dealing with a financially stressful time, and the last thing you ever want to deal with is money when continuing with your case.
Who specializes in car accident law in Queens?
When seeking legal representation for your car accident case in Queens, Duffy and Duffy are among the premier choices regarding who can advocate for you. Since 1996, the firm has worked with clients in New York City and Long Island. They were founded on delivering personalized attention, aggressive client advocacy, and compassionate service. They staff a team of excellent attorneys who are skilled, competent, and understand your situation.
They have a strong track record and have helped secure multi-million dollar settlements in car accident injuries and other cases. They have a deep understanding of the legal system’s complexities and the personal injury laws pertaining to car accidents. They also have experience investigating car accident scenes by gathering critical evidence, including witness statements and other crucial pieces, to ensure more robust cases for their clients.
One of the notable cases was a verdict of nearly 1.5 million dollars. This was against a commercial vehicle in a low-speed motor vehicle accident where the victim was a 30-year-old woman who suffered a cervical spine injury. While the injury did not necessitate surgery, enough evidence was solid to ensure the client could secure the proper judgment. Unfortunately, there are car accidents that have been fatal, leading the surviving members of the deceased to file a lawsuit against the other party.
This involved a patient who was still living at the time of the accident. After hours of pain in the hospital, they succumbed to their injuries. The other person involved was a drunk driver in the bar who allowed the person to operate a motor vehicle despite his impairment. This resulted in the crash, leading to a $975,000 settlement. This is a lesson that alcohol-serving establishments in New York should take caution. If your patrons are intoxicated, it is unlawful to let them drive and, in turn, become dangerous to other motorists.
Determining Liability for the Car Accident
As is customary with any car accident case, establishing liability will be critical as it can significantly impact the outcome. Determining who’s at fault for the accident will also be essential in pursuing compensation from the responsible parties involved. This is what you need to know when it comes to determining liability for car accidents in Queens:
Identifying the negligent parties: The first step in determining liability is identifying all potentially negligent parties involved in the accident. This may include the drivers of other vehicles, pedestrians, the manufacturers of defective auto parts, and even government entities responsible for maintaining safe road conditions. An experienced car accident lawyer will be able to investigate the accident’s circumstances thoroughly. They will also identify all parties who may be negligent and could have contributed to the accident itself.
Establishing duty of care and breach of duty: In personal injury cases, liability hinges on whether or not that duty of care existed through proof. There needs to be irrefutable evidence that this duty was breached, which resulted in harm. In one example, all drivers on the road must operate their vehicles safely and follow the traffic laws of the state of New York. Should a driver fail to uphold this duty, such as running a red light or driving under the influence, they could be considered negligent. They may be held liable for any resulting accidents or injuries. How is liability established in a car accident? To establish liability, a car accident lawyer must gather and analyze various types of evidence. These include but are not limited to the following:
Police reports: Official reports from law enforcement officers who responded to the accident scene can provide details about the incident’s circumstances.
Eyewitness accounts: Statements from individuals who witnessed the accident can also corroborate or contradict the accounts of those involved. This will shed light on who may have been at fault.
Expert testimonies: In challenging cases, it is crucial to have expert witnesses to provide their testimonies. In the case of car accidents in Queens, this can include accident reconstruction specialists, medical professionals, or similar parties involved. They will provide their expert opinion on topics such as causation, injuries, and other factors that may be critical to the case.
Physical evidence: This includes but is not limited to photographs, videos, skid marks, vehicle damage, and other physical evidence from the accident that may be present. This will allow you to piece together the sequence of events and determine the cause of the vehicle accident.
The investigation must be done thoroughly. Gathering compelling evidence with the help of experienced car accident attorneys will ensure that your case will be vital when establishing liability. At the same time, it will also determine the responsible parties that will be held accountable for their negligent actions.
How do you prove fault in a car accident in Queens?
Proving fault in a car accident will be critical in determining liability and ensuring you receive fair compensation for your injuries and damages. Establishing fault in Queens requires gathering and presenting various types of evidence to support your claim. You can refer to the previous section on how liabilities are based so you can successfully prove fault.
It should also be noted that other evidence to prove fault should include, but is not limited to, surveillance footage or dash-cam videos, vehicle maintenance records (to rule out any mechanical failures), toxicology reports that may determine impairment, and road condition reports that may assess potential hazards or defects.
Negotiating with Insurance Companies
Negotiating with the insurance companies will often be necessary to pursue fair compensation. As mentioned earlier, insurance companies have their best interests at heart over their clients, meaning they may minimize your payouts or even deny your claims even if you have valid enough evidence. The tactics include delaying your claims process, shifting the blame onto you or other parties, or even requiring documentation that may be considered excessive.
For this reason, you want to ensure you have an experienced car accident attorney in Queens on your side. Duffy and Duffy have taken on countless insurance companies in car accident cases. They know the score, and they know the game plan. And they will ensure that you are not intimidated by insurance companies or their tactics.
Filing a Lawsuit if Necessary
Even though most car accident cases in Queens result from negotiations with insurance companies, there may be a situation where filing a lawsuit may become necessary, especially when compensation is more than likely. Keep in mind that insurance settlements are often inadequate and the other party could deny liability. That is why taking on a car accident lawyer who can recommend legal action is advisable.
What must you do to see if filing a lawsuit is possible? It is essential to take a look at the following:
When to consider filing a lawsuit:
- If the insurance company denies your claim or refuses to offer a reasonable settlement.
- The statute of limitations is approaching, and the negotiations need to progress.
- The liable party is uninsured or underinsured, and other compensation options are limited.
- If your injuries are severe, the potential damages will exceed the limits of your current insurance policy.
The litigation process in New York:
- Your attorney will file the complaint and summons in the appropriate court. This will formally initiate the lawsuit against the liable parties involved.
- Both sides will exchange evidence, witness statements, and other relevant information to build their respective cases.
- Testimonies under oath from the involved parties, witnesses, and expert statements will be taken here.
- Mediation or negotiations will begin to reach a settlement agreement at this stage.
- If all else fails, the case will proceed to a trial, during which a judge or jury will hear arguments from both sides. At this point, a verdict will be rendered.
Throughout the process, your car accident lawyer in Queens will be the advocate and guide from start to finish. They will handle the legal proceedings, be representative in court, and provide you with the most robust case possible so you can obtain fair compensation. Remember that many lawsuits don’t always go to trial, as they are usually settled before reaching that stage. This is because it can be costly and time-consuming and motivate insurance companies and liable parties to negotiate more reasonable settlements.
Do I have a valid case for seeking legal representation after a car accident in Queens?
You must take the necessary steps to determine if you have a valid case for seeking legal representation after a car accident in Queens. Please note that not every accident will warrant legal action. That’s why you must assess the strength of your case before proceeding. You want to consider some of the following factors:
Assess the strength of your case: Establish whether the other party was negligent or at fault in the accident. Other factors to consider may include traffic violations, impaired driving, or other reckless behavior.
The severity of the injuries: If you have sustained significant injuries that require medical treatment or hospitalization or have resulted in long-term effects, this can also strengthen your case for seeking compensation.
Property damage: If there’s been any substantial damage to your vehicle or other property, it can also contribute to the validity of your case. You could also be entitled to compensation for repair or replacement costs.
Insurance coverage: If the other party has adequate insurance coverage, it’ll be easier for you to pursue a claim and receive compensation for your damages.
As such, consulting with an experienced attorney to ensure you have a valid case for legal representation will be critical. Duffy and Duffy will be more than happy to listen to your case and will be able to help you with the process.
What is the average cost of hiring a car accident lawyer in Queens?
Car accident attorneys work on a contingency fee arrangement, meaning you will only have to pay legal fees once you have been successfully awarded compensation. Afterward, the law office or lawyer will determine the cost in terms of a percentage.
Queens County Courthouse – County Clerks Office
Queens County Clerk’s Office
Search Dept.
88-11 Sutphin Blvd.
Jamaica, New York 11435
Phone: 718-298-0609
Final Thoughts
If you have been injured in a car accident in Queens, having an experienced attorney to help you through your case will be crucial. The law office of Duffy and Duffy has worked with clients who have been severely injured in car accidents. They have also secured millions of dollars in settlements, ensuring that they take care of any accident-related expenses that have been incurred.
If you believe your accident in Queens may warrant legal action, call us at 516-394-4200. Duffy and Duffy is located in Uniondale, New York, and serves clients in New York City and Long Island.
