A proven record
SAM will take on cases other firms won’t and win them. This is one of many good reasons why it’s earned the highest possible rating from Martindale-Hubbell, a firm established in 1898 and the most trusted legal information services provider in America.
NYC Auto Accident Lawyer
A lifetime of work can be wiped out after a motor vehicle collision or car crash. To get the right kind of injury compensation, those who have been automobile accident victims in Manhattan and the other boroughs need fighting New York City personal injury lawyers, the sort who will live and die for clients in court. Silberstein, Awad & Miklos or SAM are dedicated to giving everything they have so that clients are given the justice they deserve.
New York City’ Car Accident Legal Arena
The legal arena in New York City is highly competitive and complex. New York state and NYC have so many regulations that apply to car crashes or any accident involving vehicles. Lawyers for the defense are always ready with a loophole to short circuit the justice system. SAM and its personal injury lawyers, however, also know all the loopholes in the system, so nothing escapes them — in court, in legal briefs, precedent cases or rule books.
Car Crash Legal Resolution Isn’t Easy
People may be forgiven for mistakenly thinking that litigation involving vehicle collision is a simple process. The justice system itself says that this is not the case. The main reason is that law in the United States and the state of New York is constantly evolving. Year on year, new sets of judgment affect the way justice is served. In short, justice has become complicated because of the need to be fair to everyone involved, whether complainant or defendant.
However, car crashes often come with life-changing injuries, but the growing number of details involved in car crash cases include so many factors which can affect your chances of receiving fair compensation. Fair in relation to permanent and serious injuries needs to address a whole range of factors. With this in mind, SAM lawyers are ready to make full use of all their experience, resources and knowledge of court rules to not only get fair compensation for you, the client. Their aim is to get the full compensation for clients they represent, all the time.
Settling with a New York Car Crash Lawyer
However, if a client chooses to settle, he can be sure that his SAM lawyer will only settle when the compensation is close to what is fair or full. Equity is vital in cases involving injuries after a car crash. There are so many intangibles affected by these injuries, not the least of which are the victim’s family, his career, his future, his happiness, his ability to be a complete person who enjoys his rights to be free and happy.
Get the Full Legal Client Care Process from a SAM New York Car Crash Attorney
Hope is represented in capital letters whenever you deal with SAM lawyers. Aside from the physical injuries, the firm and its practice fully addresses the psychological distress that a client who has been in a car accident is carrying. From the first minute that you experience SAM legal services, you will realize the fact that they are experts in legal client care.
We believe in beginning things in the right way, especially in the legal process, and that is something based on our belief that any client has to have his or her rights or the rights of his or her loved ones protected.
Car Crash Lawyers vs. Insurance Companies
Insurance companies and their investigators and adjusters will start working on a car collision case so that compensation is unfairly limited or restricted, and working to deny victims a full or fair trial. This won’t happen with a SAM backing you up! We are here for you, our client, not the auto insurance company, and by just giving us a call, you can learn much more about the New York City Motor Vehicle Injury legal process and get started on your claim.
SAM is open on regular business hours weekdays for personal injury victims throughout the metropolitan New York area. Find and visit SAM experts in car accident cases with branches in the Suffolk and Nassau Counties in Long Island, the Bronx, Brooklyn, Manhattan and Queens.
Contact 1-877-ASK4SAM for a free consultation with an expert motor vehicle injury lawyer and car collision attorney or go to https://ask4sam.net/contact/ for any legal question or concern you might have and information on how to get to our office locations and contact numbers.
Why Auto Accidents Happen
Silberstein, Awad and Miklos, P.C., and its associate attorneys accept the circumstances behind automobile accidents. However, having accepted the facts, they dive in and parse out all the necessary details to make personal injury liability stick to those concerned. All considered, it’s a sad fact that unfortunate circumstances are related to their job, but these circumstances also highlight the fact that somebody needs to be there for those in need.
When. How. Where. Who. And the most important thing after one our attorneys takes on a car collision case: Why. The how is where your legal claims can become the basis for winning a case. Thus, besides being very knowledgeable in the legal dimension of auto accident cases, they also make it a point to be expert in automobiles. Whether or not the driver was a motorcyclist, a commercial vehicle, a truck, or just another car, we can make sure all avenues are covered when it comes to helping get a favorable personal injury settlement.
Dealing with NYC Car Crash Injuries and More
The result of accidents can be a disaster for anyone involved. Traumatic brain injury, spinal cord injuries, and often – sadly – death the unfortunate effects of an automobile collision. Holding a person accountable for their actions that lead to the disastrous circumstances is key to winning a case. No matter if the liable person feels the opposite, the things that lead to or happen in accidents are the expert lawyer’s guide. They lead to the WHY, often a question asked in despair after a car crash. It may even be something someone asks long after an accident occurs.
We at SAM will help clients get all the answers for car accidents. They won’t be asking why, they will know, whether the SAM attorney takes it out of the liable person, or recreates the correct story behind the accident during a trial or litigation process. This is one basic guarantee from SAM, and it often leads to the other guarantee, that the SAM lawyer will win the case for the client.
The Many Types of Automobile Crash or Collision Accidents
Here, we will address the most common kinds of auto accidents in New York City. Some are defined by cause, some are defined by vehicle type and some are defined by effects. The law defines the kinds of personal injury cases according to these standards, and more classifications are being added to the books over time. There are even legal definitions that specify vehicle type, accidental effects and cause, if applicable, all at the same time. Rest assured that when you deal with SAM lawyers, they know the law with regards to these auto accident types.
Car Accidents Defined by Cause
- Cell Phone Distraction This is a really tragic cause in auto accident classification. Research tags nearly 50% of adults and 35% of teens texting while driving. It takes at least one hand off the wheel, and has recently become one of the major causes of car accidents not only in New York, but in America.
- Driving Under the Influence This one is something many New York drivers may have experienced from time to time. Many consider drunk driving normal, but the law does not. And the law is proven correct every time a vehicular crash occurs with one or all drivers involved having alcohol in their blood.
- Reckless Driving Even hardened professional or commercial drivers can become overly confident on the highway. Here, one factor that stands out is road rage — so many are affected by anger while driving, and this often results in reckless behavior behind the wheel.
- Single Vehicle Accidents Not all vehicular accidents involve several vehicles. Lots of accidents occur involving only one vehicle, and are caused by many factors. These include slippery roads, many kinds of distraction, a driver falling asleep or sleepy, trees or shrubbery, when a driver or vehicle is hit by debris, animals suddenly appearing on the road, snow and other bad weather effects, a pedestrian crossing, a cyclist, and others.
Motor Vehicle Accidents Defined by Vehicle Type
- Auto collisions Collisions where four wheeled vehicles of the sedan or personal vehicle type are involved.
- Motorcycle collisions Collisions involving at least one motorcycle, or where a motorcycle driver is either victim or liable person. Motorcycle injuries and motorcycle accidents can be incredibly severe, usually resulting in death or permanent disability.
- Truck collisions Collisions that involve at least one truck type vehicle, or where a truck driver is liable or victim. Generally this is a commercial truck injury.
- Vehicle Collisions General type of auto accident involving vehicular collision. This classification can include any wheeled land vehicle, including trains, ten-wheeler trucks, etc.
- Bus collisions Collisions involving at least one bus-type vehicle, where the bus is accidentally crashed into or figures in a collision caused by its driver or other drivers.
Personal Injury Accidents Defined by Effect
- Rollovers or SUV Rollovers Rollover accidents involve many factors, but the main ones are environmental in nature. A factor recognized by many vehicle owners is how chancy it is to handle SUVs with certain environmental factors present during driving.
- Head-On Collisions While accounting for only 3 percent of the total number of vehicle collisions, head-on collisions are some of the most dangerous, with more than 11 percent of driving fatalities. These are also accidents where major injuries occur most.
- Side-Impact Collisions Side-impact crashes are also called T-bone or broadside collisions. They are the more common types of collision incidents, often resulting from drivers running red lights, or happening in parking lots. They also account for a quarter of driving fatalities.
- Rear-End Collisions These types of collisions are the most common of all. A lot of unexpected situations are involved here, although most of these accidents do not happen at high speeds and therefore result in a lot less fatalities or injuries.
- Side-Swipe Car Accidents Changing lanes suddenly or when a driver is negligent and does not regularly check the side-view mirror will lead to side-swipe car accidents. There is a lot of reaction time involved, so most accidents of this type involve vehicle damage alone.
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New York Auto Accident Attorney in NYC
Frequently Asked Questions About Car Accident Law In New York City
How do I choose an attorney for my car accident?
It takes a lot of money, resources, staff, experience, talent and desire to win to be a top or best attorney in a car accident case in New York. Most of these things cannot be checked by the average consumer but the things that can be checked should be. This includes the lawyer’s website, reviews by clients hosted by Google, prior client recommendations and recommendations by trusted family and friends. A little-known positive indicator of an attorney or law firm willingness to fight for your case is how many times have they been to the Appellate Division or Court of Appeals. The more the better. It takes tenacity, commitment, money and time to appeal bad rulings or findings in your case. If you can’t find this information on their website just ask. Lastly don’t forget to look at results. While your case might not be a multi-million dollar case, does the attorney regularly get multi-million dollar results? Do the insurance companies fear and respect him as a result?
Is it worth hiring an attorney for a car accident ?
Yes, definitely. There are two parts to every car accident or car crash that can benefit from the guidance of experienced motor vehicle accident lawyer. The first relates to liability or who is at fault for the car crash and the second relates to damages or what is your case worth. Most people who are injured have some idea of fault, but are unaware of the nuances that may be involved. The value of your personal injury lawsuit varies widely and you need the best car accident attorney you can find in New York to evaluate your circumstances.
How much does it cost to hire an attorney for a car accident
or: How much do lawyers charge for car accident claims?
In New York the best car accident attorney and the worst automobile accident lawyer both charge the same amount. They all charge 33.3% of the total sum recovered. That is because attorney’s fees in New York are regulated by law. Expenses are customarily deducted from the amount recovered so that will reduce the amount received by the client.
What does a car accident attorney do?
A car accident lawyer in New York typically helps the client recover money for their harms and losses as a result of a negligent driver. They help build your case on liability by investigating the scene of the accident, talking to witnesses, obtaining photos, speaking with police, if any, and representing you with the negligent parties insurance company. They will evaluate your case for damages including car damage, no-fault losses for medical bills, wages and expenses, and collect and evaluate your medical records to recover for all forms of pain and suffering. They will prepare your case for trial, including engaging in the discovery process with the other side, preparing you for depositions and representing you at the deposition and questioning the adverse party and witnesses. Most importantly , using their experience and research they will obtain the maximum amount of money for your injuries.
Why you should seek legal advice after a car accident?
Nobody should deal with a car accident alone. If you have been hurt, do not take the chance that you will get hurt again by being taken advantage of by the defendant’s insurance company. They will almost certainly seek to pay less money than you are actually entitled to.
How lawyers decide to take a case?
The decision to take the case or reject it is influenced mostly by the attorney’s evaluation of whether or not he can successfully obtain money for the injured party by settlement or verdict. The calculus that goes into that determination includes an evaluation of the client (how will they present to a jury), who or what caused the accident and was the potential client hurt.
What kind of lawyer deals with car accidents?
Typically a personal injury lawyer deals with car accidents. A law license in New York allows any licensed attorney to engage in the practice of any area of law. To get the best result in your case, you should hire an attorney who is experienced in personal injury law. Remember the old saying that a jack of all trades is a master of none.
How much should I get for pain-and-suffering from a car accident?
OR: How is pain-and-suffering calculated in the car accident?
New York State mandatory car accident insurance requires coverage of $25,000 per person or $50,000 for multiple people who have been injured in a single car accident. Some people have more coverage than the minimum requirement of $25,000 per accident. They may also have umbrella policies and you may have underinsured motorist coverage. Pain-and-suffering settlement amounts are driven by liability, the amount of available insurance coverage and the nature and severity of the injuries sustained.
How do lawyers figure out what pain-and-suffering is worth?
This is where experience and prior results count the most. Only a lawyer that is considered experienced or best by the insurance companies will recover the most money for your injuries. Today many insurance companies use sophisticated computer programs to evaluate the value of your pain-and-suffering and your lawyer. Experienced lawyers know how to present your case to maximize the computer evaluation and set insurance company reserves to the highest value. Legal research into the highest maximum sustainable verdict by the Appellate Division helps in evaluating the value of your case. The lawyer will take into account three cornerstones of value liability, insurance coverage and severity of injuries.
If you’re involved in a car accident and it is your fault can you still sue?
In New York if the accident is 100% your fault you can still sue but probably will not recover any money. Often times an accident has many causes and a skilled attorney can ferret out those causes. If the other driver is found to have some fault you can still recover money damages in New York.
Who pays the damages in a car accident lawsuit?
Generally speaking, it is the party that caused the damages that is responsible for paying them. New York requires mandatory minimum insurance and it is that insurance coverage that is responsible for paying the injured party for the harms and losses up to the amount of available coverage. Medical bills and lost wages are paid for by the drivers no-fault insurance coverage.
The responsible party in the car accident remains liable for any damage amount that exceeds the insurance policy.
How long do auto accidents settlements take?
Car accidents can take anywhere from 30 days to 3 years to settle. There is no hard and fast rule as to how long they can take. Some cases can even take longer than 3 years but that is the exception not the rule. The same is true for the 30 day period, it is the exception. The time period to settle is influenced greatly by the time to recover from your injuries and the length of treatment needed by you.
What should you do if someone sues you for a car accident?
Sometimes the injured person’s lawyer will send out a letter of representation to you asking you to notify your insurance company of the claim. Do not contact that lawyer yourself but rather call your insurance broker or insurance company sending them a copy of the letter. If you’ve been served with a summons and complaint again tell your insurance broker or insurance company the date you got the summons and complaint and how you’ve gotten it. Was it personally served on you or left in your mailbox or some other way. Be sure you get proof that your insurance broker or company received your notification. If you have an excess policy make sure that company is also notified.
Can you sue for a car accident if you’re not hurt?
If you’re involved in a car accident but were not hurt you can still seek to recover for your property damage and other accident related expenses. Generally in New York your insurance company will pay for damage to your car if you have collision coverage and if the other party is at fault and then seek to recover the costs from them. You cannot sue for personal injury if you were not hurt.
How do I protect my assets after a car accident?
The best way to protect your assets after a car accident is to do so before the accident happens. New York has very strong laws which make it difficult to transfer your assets after an accident. So the safest course of action would be to take steps before an accident happens. The steps include buying umbrella liability coverage and not putting your name on the title of a car that you do not own or drive. After an accident, if you have not taken those steps, the next best thing that you can do is to admit fault in the accident and demand that your insurance company settle the case within your policy limits.
How do I get the most money from a car accident?
The single most important thing that injured party in a lawsuit can do to get the most money in a car accident is to timely seek medical attention on the day of the accident and continue to get treatment for their injuries and follow all medical recommendations. Be sure to tell your medical providers everything that is bothering you no matter how small.
The next thing to do is not hurt your case. Do not talk to the other driver’s insurance company or representative, do not post on social media about your accident or post pictures of yourself following the accident. Keep what has happened private between you and your lawyer only. On the day of the accident if you are able to get as much information as you can. That includes the other drivers information, take cell phone pictures of the accident site and cars, gather witness information and call the police.
What is the maximum amount of money you can get from a car accident settlement?
The amount of money you can recover in a car accident settlement is largely dependent on the type of injuries sustained and the amount and kind of medical treatment. The other driving force is the amount of available insurance coverage.
What is emotional distress and can I recover money for it in a car accident?
Emotional distress is exactly what you think it is. It is mainly mental suffering caused as a result of a car accident. Things like depression and post-traumatic stress disorder and a host of psychological conditions that have been caused or aggravated as a result of a car accident can result in money damages in your case. Your word that you have suffered these types of damages is rarely enough and must be supported by competent medical proof from a doctor or mental health provider. These typically are the hardest types of damages to prove in a car accident but can be a significant part of your car accident damages.
Does insurance pay for pain-and-suffering?
Yes, if the other car was at fault in causing the accident. However, you must make a claim for pain-and-suffering or bring a lawsuit to recover for pain and suffering.
What should I ask for in a car accident settlement?
You should ask for enough money to compensate you for your harms and losses caused by the accident. Most people have no idea what the case is worth and really must rely upon the best personal injury attorney they can find. Remember no two cases are alike. Each has a different value.
How do car accident settlements work?
Or: How do you get paid after winning a lawsuit?
Getting paid after winning a lawsuit is dependent upon how you won your lawsuit. If the case was settled before a verdict than the mere exchange of a general release and a stipulation of discontinuance is all that is needed. In New York, you will get paid 21 days later. If it is after a verdict, things become more complicated. If no appeals are involved an insurance company generally tenders their policy and the same process for the exchange of papers takes place. If there is an appeal, things become more complicated and if the amount of the verdict exceeds the insurance company policy, things become extremely complicated. You will need an experienced and top-rated auto accident attorney to guide you through these processes
Who pays for a no-fault accident?
In New York all accidents are technically no fault accidents. That is because no-fault, as it is applied in New York, means that your medical bills and lost wages get paid without regard to who was at fault in the accident. Typically that is paid by your insurance company.
Can you fight a no-fault accident?
All accidents in New York can be fought. You would not want to fight your no-fault benefits paid by your insurance company for medical bills and lost wages. However, you would want to fight to prove that you meet the threshold of no-fault laws to enable you to sue for pain and suffering associated with your car accident.
Can you sue a driver who is at fault in a car accident?
If you meet New York’s prerequisites for maintaining a lawsuit in a car accident you can sue the other driver for your pain-and-suffering and other damages. Meeting the threshold in New York to bring a lawsuit is not hard but you should be guided by an experienced personal injury lawyer.
Do I have to pay my medical bills after a settlement?
If your medical bills are generally paid through the no-fault system. That means that your insurance company is responsible to pay your bills up to a total of $50,000. That assumes that your medical bills have not been denied by the insurance company for various reasons. If they have been denied, or you have exhausted the $50,000 between wages and medical bills, the bills become your responsibility. Often times your attorney will negotiate those bills for a lower price.
Can I sue the person who totaled my car?
The short answer in New York is yes can always sue anybody. If all you are referring to is property damage to your car the answer is again yes. Remember that if you had insurance coverage which covered property damage you will be able to collect from that policy and your company will go after the liable party to recover its payments. If you could bring a separate lawsuit for your property damage, and if you had a personal injury lawsuit, you can add the property damage to that lawsuit.
Can I recover money if I was involved in a no-fault accident in New York?
New York has a no-fault law which applies to car accidents. Typically, it covers medical treatment and lost wages. Bills for medical treatment and lost wages are generally covered up to a total of $50,000. The law also establishes thresholds for the ability to sue for pain-and-suffering and other expenses. These are lengthy and complicated and need to be explained by a personal injury attorney.
What is full coverage and what does it have to do with no-fault?
No-fault has very little to do with full coverage in a traditional sense. Full coverage generally applies to your car and it is insurance that you purchase which covers things like damage to the vehicle from fire, theft and collision. This coverage applies whether or not you were at fault.
When do insurance companies “lowball” their offer to settle?
Insurance companies generally start negotiations to settle the case whether with the injured party themselves or the attorneys with a “lowball” offer – an offer below what they should be offering. The reason is obvious. They want to save money at your expense. An experienced attorney will know what your case is worth and advise you whether to take the money or proceed with litigation. Remember that the ultimate decision is always yours.
Types of Auto Accident Collisions
A New York car accident lawyer can successfully represent the following types of cases:
SUV rollover collisions
Cell phone distraction
Auto accidents can be devastating to everyone involved. If you have been injured in an automobile wreck, your quality of life may be forever altered. The person responsible for the wreck may or may not feel guilty, but legally they can be held accountable for their actions.
A study conducted by the Pew Research Center found that 47 percent of adults and 34 percent of teens text while driving. In addition, 74 percent of adults who own cell phones talk on their phones while driving. This is a problem because another study found that drivers who text are six times more likely to crash their vehicles.
Statue of Limitations
Unfortunately, from the moment you get injured, the clock is ticking, and you have a limited amount of time (called the statue of limitations) to begin the process of filing your personal injury claim.
Consulting With a New York Car Accident Lawyer
If you or a loved one has been injured in any type of automobile crash, call or e-mail our New York car accident attorneys today. One of our experienced auto collision lawyers will evaluate your case for free and help you get the compensation you deserve. Our firm proudly serves clients in New York and the surrounding areas of the Bronx, Brooklyn, Queens, Manhattan, and Long Island.
You can always reach out to us by emailing firstname.lastname@example.org or by calling us at 877-ASK4SAM
Impact on the Community Scholarship
Silberstein, Awad & Miklos, P.C. is proud to announce the 2019 Impact on the Community Scholarship. We want to award those who give back to the community or who have made a difference in someone’s life by rewarding them with a $1,000 scholarship. Please visit our scholarship page for more information on how to apply.