Rosenberg & Gluck, LLP
225 Franklin Ave #325-C, Garden City, NY 11530 (516) 451-7900
You did not choose to be injured in a car collision, but you can choose a car collision lawyer in Garden City to protect your rights. New York State’s unique set of statutes concerning liability, negligence, and insurance can be daunting when you are seeking compensation.
That is why we invite you to call Rosenberg & Gluck, L.L.P. to discuss your case at no cost or obligation. For a free consultation, please call us.
We Can Take on the Legal Burden
Dealing with injuries and adjusting to your new lifestyle can take a lot out of you, and taking on a legal case might seem unimaginable at the moment. Luckily, our lawyers can support you and manage the case on your behalf. A car collision lawyer with Rosenberg & Gluck, L.L.P. will: Review the benefits and coverage of your insurance Assess your injuries and damages to seek compensation for damages not covered by your insurance Secure necessary evidence and testimony to determine the liability of the party or parties involved Negotiate with the other party’s insurance adjuster for an acceptable settlement Take your case to trial if necessary We want you to contact us if you have any questions pertaining to your case’s status or the legal process as a whole. How a Lawyer on our Team Can Determine Liability in a Car Collision in Garden City You are a valuable source of information for your attorney. It is important that you give a detailed account of what happened before, during, and just after the collision. However, the defendant will also give his or her version of events. That is why an injury lawyer with our firm will use other sources to show liability and help you get the compensation you deserve. Some of these sources might include:- Police reports
- Driver’s reports
- Witness statements
- Photographic evidence of skid marks, road debris, damaged vehicles, and other visuals from the collision site
- Closed-camera video if available
- Blood alcohol content (BAC) results if collision involved drunk driving
- Photos and diagnosis of your injuries
- Evaluation by your medical professional (with your permission)
Potentially Liable Parties in Car Accident Cases
The forms of evidence listed above can help us decide who was responsible for the accident. It is not uncommon for the other car driver to be at fault, especially at face value. However, through investigation, we might find that the liable party might be:- A mechanic: If they incorrectly installed a car part
- A parts manufacturer: If they manufactured a faulty car part
- A government corporation: If they didn’t clean up the debris in the road
- Another road user: A pedestrian, bicyclist, or motorcyclist
What a Car Collision Lawyer in Garden City Looks for When Seeking Compensation
Compensation in a car crash requires that a plaintiff’s lawyer must prove that it is more likely than not that negligence caused the crash. Our firm has represented countless plaintiffs and recovered millions of dollars in insurance settlements and trial verdicts. Each case is different, yet there are common elements that need to be proven in a car collision claim or lawsuit:- The defendant owed a duty of careto the plaintiff to take reasonable measures to avoid a collision.
- The defendant breached this dutyof care in some way, such as speeding.
- This negligence causedinjuries, which generated damages in the form of medical expenses, property damage, and other losses.
Complying with State Deadlines is Crucial
Generally speaking, the statute of limitations for a personal injury lawsuit is three years from the date of the collision according to CPLR §214. The statute of limitations for a wrongful death case is generally two years from the date of your loved one’s death. However, certain mitigating factors, such as suing a municipality, may shorten the time. Your lawyer can explain which deadlines apply to your case. In any event, do not delay in telling us about your case. If we are late to file, the courts will not accept your case, and the liable party will no longer be responsible for paying for your damages.You Can Seek Financial Recovery in a Car Crash
There is no predetermined amount of compensation in a car collision. A car crash lawyer with our firm will send a detailed claim to the defendant’s insurance company. If we are not able to reach a fair settlement with the company, we can file a lawsuit in court and handle your case all the way through trial if necessary. Compensatory damages for a car collision are divided into two categories, special and general. Special damages are for tangible losses such as wages, medical bills or emergency room services. General damages are less specific but just as important. These damages include pain and suffering, loss of consortium, and mental anguish. Your damages may depend on a few factors:- The extent and severity of your injuries
- Your expected prognosis (if you are expected to return to your pre-injury activities, including work)
- Forms of Damages You Can Recover
- Medical expenses such as ambulance, doctor’s visits, prescriptions, and related costs
- Rehabilitation therapies and treatment, including physical therapy and mental health services for emotional trauma
- Lost pay
- Reduced earning potential
- Pain and suffering
- Temporary or permanent disability
- Scarring and disfigurement
Seeking Compensation for Wrongful Death After a Car Collision
The New York state senate recognizes the right of surviving family members to seek compensation after the wrongful death of a loved one. As with a personal injury lawsuit, certain conditions must be met to seek compensation. These are:- That death was caused by intentional or negligent conduct by another person.
- The victim would have been entitled to compensation for negligence had he or she lived.
- There are eligible family members who have suffered damages because of the wrongful death.
- Who May File a Wrongful Death Lawsuit
- The decedent’s spouse
- The decedent’s children (either biological or legally adopted)
- The decedent’s parents
- An attorney or personal representative for the decedent’s estate
- Funeral and burial costs
- Medical bills
- Lost income
- Loss of support
- Loss of guidance