MEET OUR NEW YORK CITY AND WESTCHESTER

CAR ACCIDENT LAWYERS

                                                                                     MICHAEL JOSEPH        

CLIFFORD NELSON

Our car accident attorneys in New York, know that all too often, the insurance companies will contact you after an accident and lie to you and tell you that your injuries aren't serious and that you don't need a lawyer. These insurance companies do this to get car accident victims who were clearly injured because of the negligence or wrongdoing of another person, to quickly settle with the insurance companies for far less than they truly deserve. These insurance companies are throwing a small amount of money at you to get you to settle before  you even know how seriously injured you are. Unfortunately, insurance companies aren't looking out for your best interests. They simply want to protect their bottom line

You need an New York experienced car accident attorney on your side to make sure you get what you deserve. In addition to free consultations, our auto accident attorneys in Manhattan and White Plains provide legal representation on a contingency basis, which means you don't pay us unless we win your case.  Call us to meet with our car accident lawyers in N.Y.C.

WE ARE ON  YOUR SIDE 

New York is a no-fault state, which means that personal injury damages for medical bills, pain and suffering, are paid by your own insurance company, which means regardless of whether you were the driver or a passenger, or even whether you were on the policy or not, the insurance company for the car that you were in has to pay your medical bills and lost wages. A common misconception is that people think that if the other car was at fault they should pay the bills, but that is not how it works in New York. In New York our legislature created a system to make sure injured people get medical treatment, without fighting about who was at fault for the auto accident. Usually, if the other car was at fault, then your insurance company will get reimbursed, but in New York, your car insurance company must pay first. Don't delay filing a no fault application because  you are afraid that your insurance rates will go up. If you were not at fault, the rates should not be raised because the insurance company will probably be reimbursed from the other side. Also, remember, not sending in the No Fault application can be the most costly mistake of all because you will lose your right to medical treatment and will get stuck with the medical bills. 

To get these benefits, you need to file a no fault application within 30 days of the accident and if you don't file the application, the insurance company will try to deny payment of your medical benefits and lost wages. Our car accident lawyers will meet with you in our New York or Westchester county office and will make sure that you meet the no fault deadline. 

Our New York City and White Plains car accident lawyers can prepare your no fault application, the same day you visit us. We make sure your benefits are set up so you can get the medical treatment that you need. If you were a passenger and don't know who the insurance company is, do not worry, our New York car accident lawyers can identify the car insurance company by looking at the police report.    

Our car accident lawyers have extensive experience in both settling car accident cases for the top dollar and in litigating and trying cases to verdict. If the insurance company gives you a low ball offer, your car accident lawyers will take them to Court and force them to pay you what you deserve. Our attorneys will treat you like you are family. We will make sure your insurance benefits are set up and that you get the medical treatment you need. 

Our car accident attorneys in New York have the experience to understand even the most complex injuries and medical conditions and our car accident attorneys fight to make sure the insurance companies don't low ball you with an inadequate and insulting settlement offer for your injuries. Our lawyers will carefully review your medical records, and make sure the insurance company recognizes how seriously hurt you were. We fight to get you the best settlement offer possible.  

 If we are unable to reach an agreement with the insurance company, our New York car accident attorneys will file a personal injury lawsuit.  With a combined eight decades of trial experience in the New York City and Westchester County Courts, you are in good hands with our car accident lawyers. 

Our personal injury attorneys have helped thousands of clients recover fair, full compensation for their injuries both in settlements and in jury verdicts.We can help you, too. 

While some accidents cannot be prevented, others are directly caused by the negligent behavior of other parties or because they don't follow the law.  When the dangerous actions of another driver or company put you at risk, a New York City car accident lawyer can help you hold them accountable for the injuries you sustained in your accident. Some causes of car accidents include: 

Cell Phone-Related Collisions in New York

According to data compiled by the National Safety Council, over 1.6 million automobile collisions in New York and across the nation are caused by motorist cell phone use each year. In fact, nearly one-quarter of all traffic crashes that occur in a given year result from distracted drivers who are talking or texting on a mobile device. Since 2012, New York’s law against the use of cell phones behind the wheel is a primary offense. This means a law enforcement officer may stop and ticket a driver for talking on a handheld device, texting, emailing, or viewing the web while driving. Although the ban includes an exception for emergency situations, ignorance of the law is not a defense.

Despite such statewide laws banning the use of handheld devices, cell phone-related crashes occur across New York at an alarming rate. In fact, about 50,000 of the nearly 300,000 motor vehicle collisions that occurred in our state in 2012 resulted from cell phone use or other distracted driving. Regrettably, such collisions can result in serious, long-term harm or even a tragic death.

Hold Distracted Drivers Accountable for Your Injuries

In general, proving fault following a cell phone-related collision is based on negligence. In such a context, negligence may occur when a motorist does not exercise the same level of care that a reasonably prudent driver would use in a similar situation. New York law requires that all drivers comply with traffic laws, such as the rule against cell phone use while driving. If a person who is distracted while texting a friend from behind the wheel causes a collision, that is a violation of New York's vehicle and traffic law and is sufficient to establish negligence, because the driver was on their phone and not keeping a proper look out.  Our New York car accident attorneys always subpeona the other driver's cell phone records where it appears that the other driver may have been on their cell phone and not paying attention to the road.

Many car accident cases are settled with insurance companies before a car accident lawyer has had the chance to investigate the accident and determine the cause. Because our New York car accident lawyers have been practicing personal injury law for over two decades, we have built a strong network of accident reconstruction experts who can clearly illustrate what happened during the accident.

The cause of the accident will tell us who is at fault and who is responsible for paying damages. Therefore, the cause of the car accident will determine how we go about your case. For example:

• If your crash was caused by a negligent driver, we will attempt to recover fair, full compensation from the insurance company
• If your accident was caused by unkempt roads, we can recover compensation from the party responsible for maintaining that roadway
• If your collision was triggered by a defective car or car part, we can hold the designer, manufacturer, or distributor accountable

Our law firm works with some of the most trusted accident experts to investigate your accident, determine the cause, and identify the responsible party. 

Although New York is a no-fault state, there are circumstances under which you are able to file a personal injury suit directly against the responsible party:

• Injuries resulted in at least 90 days of full disability
• A bone fracture resulted from the accident
• Injuries caused permanent disability
• A physician determines that the injuries are especially serious

If your case qualifies, but you and the other driver share fault for the accident, "comparative fault" rules will be followed. If this is the case, the total amount of your losses will be calculated along with the percentage of the accident that you are responsible for. The total amount you receive will then be reduced by a percentage equal to your fault. 

New York City, Manhattan, White Plains, and other communities are heavy with traffic, making accidents a very common part of life. In data gathered from 2012 to 2014, the New York State Department of Health found that car accidents were the leading cause of injury or deaths from injury among the residents of New York. The Department of Health also concluded that:

• Over 1,000 deaths on average took place each year because of car accidents 
• Over 12,000 patients were hospitalized each year due to auto accidents 
• Nearly 137,000 patients visited the emergency room each year due to car accident injuries

Are you one of the thousands of New Yorkers affected by an accident? We want to hear from you. 

Car accidents are all too common and can lead to life-changing injuries, such as: 

• Broken Bones: Broken bones require expensive medical care and rehabilitation. They can also affect your ability to work, limiting the income you can earn.
• Burn Injuries: Burn injuries can leave patients permanently disfigured or disabled. 
• Chest Injuries: Chest injuries caused by seat belts or air bags can be dangerous or even deadly, hurting delicate internal organs.
• Hearing or Vision Loss: Patients who experience hearing or vision loss may have a difficult time adjusting to their new lives and participating in the activities they once loved. 
• Lacerations: Deep cuts and scrapes can require costly medical attention and a painful recovery period. 
• Whiplash: Whiplash most commonly occurs during read-end accidents when the passenger's neck is rapidly rocked back and forth, resulting in stiffness, headaches, and significant pain.
• Head Injuries: Head injuries are very serious because they can cause permanent brain damage (traumatic brain injury) that can affect a patient's memory, behavior, mood, and ability to function.
• Spinal Cord Injury: A spinal cord injury can leave a patient disabled or immobilized. Those who are paralyzed may be wheelchair-bound for the rest of their lives, leaving them unable to hold their previous job or carry out certain functions. 
• Fatality: A devastating number of accidents end in death. The National Safety Council estimates that approximately 40,000 victims were killed in car accidents in 2018 alone. These victims leave behind mourning families who deserve to be compensated for medical expenses, funeral expenses, gaps in income, and more. 

*According to the Centers for Disease Control and Prevention 

Did you know that New York and most other states have a statute of limitations in place to limit how much time can pass between an accident and a lawsuit? New York's statute of limitations for personal injury cases is three years from the date of the accident, so don't wait. Failure to meet the deadline can affect the strength and validity of your case. 

Ready to talk to a car accident lawyer about your case? Call the Law Office of Michael H. Joseph, PLLC for a complimentary consultation. We have two convenient locations serving New York City, Manhattan, and White Plains. If you are badly injured, we can also come to you. Simply request your appointment online or call us:

(914) 574-8330

 MEET OUR NEW YORK CITY AND WESTCHESTER

CAR ACCIDENT LAWYERS

                                                                                     MICHAEL JOSEPH        

CLIFFORD NELSON

Our car accident attorneys in New York, know that all too often, the insurance companies will contact you after an accident and lie to you and tell you that your injuries aren't serious and that you don't need a lawyer. These insurance companies do this to get car accident victims who were clearly injured because of the negligence or wrongdoing of another person, to quickly settle with the insurance companies for far less than they truly deserve. These insurance companies are throwing a small amount of money at you to get you to settle before  you even know how seriously injured you are. Unfortunately, insurance companies aren't looking out for your best interests. They simply want to protect their bottom line

You need an New York experienced car accident attorney on your side to make sure you get what you deserve. In addition to free consultations, our auto accident attorneys in Manhattan and White Plains provide legal representation on a contingency basis, which means you don't pay us unless we win your case.  Call us to meet with our car accident lawyers in N.Y.C.

WE ARE ON  YOUR SIDE