Hauppauge Car Accident Lawyer
Hurt in a Car Accident? Worried About Expenses? Our Hauppauge Car Accident Lawyers are Here to Help.
Car accidents are all too common on New York roads, and the results can be traumatic and devastating, including broken bones, back and neck injuries, paralysis, and even death. Survivors maybe left in pain, incapacitated, and unable to work at a time that medical bills and expenses keep mounting. It’s difficult to know what to do and where to turn.
If you or a loved one has been injured or someone has died in a vehicle accident due to someone else’s negligence or fault, you may be entitled to compensation for your losses through insurance or a personal injury lawsuit. However, New York personal injury law is complicated; insurance companies and their attorneys will try to get you to accept the lowest settlement possible, and making mistakes can cost you the compensation you deserve.
At this difficult time, there is help available from the Hauppauge New York City car accident attorneys of Kaplan Law PC. We want to make the process as simple and pain-free as possible. That’s why we offer a free consultation so you can tell us about the accident and your injuries, and we can discuss your best options to move forward.
Find out why so many car accident victims in Hauppauge turn to us. Call us today for your free consultation at (516) 399-2364.
What Our Hauppauge Car Accident Lawyers Can Do to Help You
Suing another driver and their insurance company is not easy, but our car accident lawyers in Hauppauge have what it takes to win your case.
Our Kaplan Law attorneys have won large settlements and jury awards on behalf of clients who have been injured in car accidents, and we are prepared to do the same for you. When you hire us, our lawyers will get to work on your behalf immediately. We will:
- Listen to your version of what happened, determine whether you have a valid car accident case, and estimate what a fair settlement should be
- Make sure you get the medical treatment you need and that your injuries are properly documented
- Investigate your case, gathering evidence such as photos and videos from surveillance cameras
- Interview witnesses and first responders
- Handle all legal matters, filings, deadlines, and court appearances
- Hire experts to reconstruct the crash scene and provide testimony as to what happened
- Hire experts to testify as to how your injuries affect your life, ability to work, and social situations
- Deal with communications and negotiations with insurance companies and their lawyers
- Take your case to court and handle all aspects of a trial if necessary.
Our Hauppauge car accident attorneys will be there for you, answering your questions and concerns throughout the entire process. Let us take the burden off you so you can concentrate on your recovery.
Car Accident Lawyers in Hauppauge Determine Whether You Have a Lawsuit
Kaplan Lawyers will evaluate your case to see if you can go beyond no-fault and file for personal injury.
New York has a system of no-fault car insurance where automobile liability policies provide a certain amount of benefits without having to prove who was at fault. The system requires that after an accident you must start by filing a claim with your own insurance company. Benefits under no-fault cover your monetary losses, such as medical expenses, transportation to medical providers, lost wages, and costs to repair or replace your car up to the limits of your policy, but they do not cover claims for non-economic damages, such as pain and suffering
In addition, there are many restrictions and filing requirements relating to no-fault laws in New York, so consulting with a Hauppauge car accident lawyer helps ensure that you receive all the benefits you are legally entitled to.
If you have sustained injuries or expenses greater than the limitations of the state’s “no-fault” insurance laws and in certain other situations, you can go beyond no-fault and file a personal injury lawsuit for damages that include non-economic damages.
These situations include:
- When medical and other economic expenses are more than the $50,000 of benefits available under no-fault insurance
- If you suffer a “serious” injury, such as:
- Permanent impairment of a body organ or limb
- Substantial limitation of a body function or system
- Broken and fractured bones
- Substantive full disability for 90 days
- If the injury results in death or loss of fetus
- If the party at fault does not have insurance complying with the New York State minimum provisions.
Damages Our Car Accident Lawyers in Hauppauge May Recover for You
Once you can go beyond no-fault and sue the other driver, our attorneys may be able to win compensation for both economic and non-economic damages.
Economic damages cover your monetary losses and expenses, such as:
- Medical and rehabilitative expenses
- Lost wages, income, and future earning capacity
- Property damage including costs to repair or replace your vehicle.
Non-economic damages cover intangible negative effects of the accident on you and your family which do not have a specific dollar value, such as:
- Physical and emotional pain and suffering
- Loss of consortium and companionship
- Wrongful death.
Non-economic damages aren’t as clearly defined as economic damages, but they are no less important and can bring even higher settlement amounts.
Amounts of Damages You May Receive
There is a wide range of damages that may be awarded in a car accident case, depending on the individual situation and factors involved. Factors that would be considered include:
- The value of the destroyed property
- The severity of the injuries and whether these will be permanent and require long-term care
- The age, family situation, and earning potential of the victims
- Whether it is possible to work again
- Whether a death is involved.
In addition, the individual judge and jury and the jurisdiction where the case is heard may influence the settlement amount, as can the skill of your attorney in negotiating and presenting your case.
Our Hauppauge, NY, Car Accident Lawyers Must Prove Negligence
To win your Hauppauge car accident lawsuit, you and your attorney will have to show that another party, the defendant, was negligent and at fault for causing the accident and that you suffered damages as a result. This means proving that:
- The defendant owed you a duty of care not to cause harm.
- The defendant breached that duty through actions or failing to act.
- The breach caused your injuries.
- The injuries resulted in actual damages.
For example, drivers have a duty of care to drive in a manner that a reasonably prudent person would in similar circumstances and to abide by traffic rules. If they fail to do so, such as by speeding, running a red light, or driving while distracted or impaired, and they cause a crash, they would have breached their duty of care. You would then have to show injuries and that they resulted in damages and actual losses beyond the cost of insurance reimbursement.
How Our Hauppauge Car Accident Lawyers Deal with Insurance Companies for You
Insurance companies are not your friend; they are concerned with their bottom line and want to avoid paying or will try to get you to settle for as little as possible. They will do what they can to make it seem like the accident was your fault, so be aware that anything you say to them can be used against you. In general, you can cooperate with your own insurance company, but avoid speaking to a representative of another driver’s insurer and from saying anything specific about the accident, your physical symptoms, or damage to your vehicle.
Our attorneys have experience working with insurance companies and know what your case is worth and how to negotiate for a fair settlement. Tell the insurance companies to talk to your attorney, and let us handle all correspondence and negotiations.
Rely on our knowledge. Count on our experience. Call our skilled Hauppauge car accident lawyers today at (516) 399-2364.
Our Hauppauge Car Accident Attorneys Can Help in Case of a Wrongful Death
If a loved one is fatally injured in a car accident that was another party’s fault, our Kaplan attorneys can file a claim for wrongful death. New York law defines a wrongful death as one caused by “a wrongful act, neglect or default,” for which the deceased person could have pursued a personal injury lawsuit, had they lived (NY EST POW & TRST § 3-2.1). Because the injured person died and is no longer able to bring a claim, the personal representative (executor) of the estate can file the wrongful death lawsuit on the deceased person’s behalf. In New York, family members cannot bring a wrongful death claim to court unless that family member is also the personal representative of the deceased person’s estate.
In a successful wrongful death case, you may win damages for:
- funeral and burial expenses
- reasonable healthcare expenses related to the injury before death
- financial support and services the deceased would have contributed to the family
- the value of parental nurturing, care, and guidance to surviving children
- survivors’ lost inheritance
- pain and suffering endured by the deceased due to the final injury, and
- interest on the damages award, calculated from the date of death.
New York does not allow surviving family members to recover their own damages for their own suffering.
Need a Hauppauge Car Accident Lawyer? Turn to Kaplan Lawyers.
If you or a loved one has been injured or someone has died in a car crash, Kaplan Lawyers is ready to help. We take a client-first approach, and our priority is getting you the help you need.
Don’t delay. Call our Hauppauge car accident attorneys as soon as you can after the accident to allow sufficient time to file and build a case on your behalf. New York has a statute of limitations, which is a time limit for filing personal injury lawsuits (NY CPLR §214). Generally, you must file a lawsuit within three years from the date of the incident or the courts are likely to dismiss your case.
We offer a free consultation, and there are no fees to you unless and until we win your case, so call our car accident lawyers in Hauppauge today at (516) 399-2364 to get started.