After a crash in Oceanside, NY, you are likely hurting and out of work. When someone else is to blame for the accident, you need knowledgeable guidance in completing the insurance claim. When the at-fault party does not meet your demands, you may even need to file a personal injury lawsuit.
At Tucker Lawyers PC, you can schedule a free initial case evaluation with a reputable and experienced Oceanside, NY, car accident lawyer who will listen to your story and explain your options. Our team of attorneys can manage your claim to secure the best outcome for you. Contact us today to begin maximizing the compensation you deserve.
Why Choose Tucker Lawyers, PC?
One of the most important challenges after a car accident is determining who is at fault for your damages. Your car accident lawyer in Oceanside, NY, must conduct a thorough investigation, and Tucker Lawyers, PC, is able to call in many kinds of experts for their testimony. We also offer services such as:
- Full and fair claim valuation
- Evidence collection, assessment, analysis, and presentation
- Document assembly and preparation
- Negotiation skills for insurance claims
- Witness interviews
- Litigation strategies before and during a trial.
We commit our full team to your needs, ensuring we present the strongest case to reach a settlement as quickly as possible. When the insurance company or liable parties do not meet our demands, our team will prepare your case for court. We have a powerful record of obtaining millions in settlements and jury awards for our clients.
Common Car Accident Injuries in Oceanside, NY
Depending on the severity of your crash, you could walk away with little harm or suffer life-threatening injuries. Common conditions our clients suffer after a car accident include:
- Amputations
- Broken bones
- Burns
- Back injuries
- Bruises, cuts, road rash, lacerations
- Fractures
- Internal bleeding
- Spinal injuries
- Traumatic brain injuries
It is crucial that you receive medical attention within 24 hours after your crash, even if you think you are not hurt. Many silent injuries, such as whiplash and internal bleeding, can cause serious harm or death.
Seeing a doctor and establishing a medical record of your injuries also creates a direct link between the driver’s negligence and your suffering. This is critical for the success of your case.
Types of Compensation Available
For most cases in Oceanside, NY, you will rely on the state’s no-fault insurance requirements. This means drivers will file with their respective insurance companies while liability is determined. This allows you to receive payment for your expenses without waiting to find out who is at fault.
In instances where your insurance is not enough, or you suffer a serious injury, you will need help from a car accident attorney to file a personal injury lawsuit. Doing so will also give you a stronger chance of recovering every penny of your losses, including subjective damages that insurance does not provide. Your attorney can help you build a complete estimate of your past, current, and projected expenses for your recovery.
Economic vs. Noneconomic Damages
Your claim will be comprised of two kinds of damages: economic and noneconomic. Your economic damages will include anything with a bill or receipt, such as medical bills, auto repair, lost income, and future treatment costs.
Noneconomic (or subjective) losses address the way your life has been affected by the crash. These can include anxiety, depression, pain and suffering, disfigurement, loss of enjoyment of life, and lifelong disability. With a personal injury claim, you can secure all your losses, usually with an out-of-court settlement when your lawyer provides robust evidence.
Proving Negligence After A Car Accident
To secure damages and win your case, your car accident attorney in Oceanside, NY, must demonstrate the four elements of negligence on the part of the liable party. Depending on who is at fault, this can require different kinds of evidence and arguments, but the elements are always the same. Without proving them successfully, you are not eligible for compensation.
Duty of Care to Those on The Road
The first element to prove is that the other party had a duty of care to others on the road. Drivers are expected to obey all traffic laws, drive safely, and not drive while drunk, distracted, or drowsy. They must also ensure their vehicle is in good working order and will not cause a danger to others.
Other parties who could be at fault also owe a duty of care, such as auto manufacturers and repair shops. If they fail in their duty to produce a safe vehicle or properly complete repairs, they can be held liable if your attorney can show a direct link between their actions and your accident.
Breach Or Failure of Duty
Whether through action or inaction, when the responsible party breaches or fails in their duty, they can be held liable. They may speed, ignore road signs, choose to drive under the influence of drugs or alcohol, or otherwise put you at risk. The same is true of entities such as a road construction crew who fail to secure their worksite and leave debris that leads to an accident.
Your attorney will assemble relevant evidence to demonstrate the failure, such as police reports, photos, videos, witness statements, expert testimony, and accident reconstruction reports.
Causation
Once the duty and its breach have been demonstrated, your attorney will present information to show a direct link between the failure in duty and your injuries. They will establish that the other party’s actions were the cause of the accident and, therefore, your damages.
Their insurance company will claim that you were injured in some other way or that your harm is not that severe. They are committed to saving their profits and paying as little as possible. At Tucker Lawyers, PC, we fight back aggressively to protect your rights and your claim.
Damages Suffered
Your attorney will present medical bills, auto repair estimates, documentation of your lost income, and other evidence to support your claim of damages. When your lawyer brings significant amounts of documentation, insurance companies and defense lawyers often quickly agree to an out-of-court settlement in your favor.
We show them we mean to fight for you all the way. Presenting a compelling narrative backed by robust materials helps us prove this final element of negligence.
How Much Does An Attorney Cost?
You may have concerns about paying for attorney’s fees when you are already facing medical and other bills. However, without experienced legal representation, you risk failing in your claim and being left with too little to cover your damages.
The good news is Tucker provides free initial consultations to assess your claim. We determine if your case is valid and has the potential to win, giving you our honest assessment. When you hire us, we will continue helping you by working on a contingency fee basis. You do not pay us unless we secure a settlement for you.
Contact An Oceanside, NY, Car Accident Lawyer Today
Facing the aftermath of an automobile crash can be devastating, confusing, and overwhelming. When you or a loved one needs professional and compassionate help, speak to an accomplished Oceanside, NY, car accident lawyer from Tucker Lawyers, PC. We are here for you to maximize the compensation you need and deserve.
Schedule your free case evaluation by calling (516) 399-2364 or using our online form today.
FAQs About Car Accidents
Here are some common questions we get at Tucker Law about Hicksville, NY, car accident cases.
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What Should I Do After a Car Accident in Oceanside, NY?
Make sure everyone in your vehicle is ok. If possible, check on others and call 911 for police and medical assistance. Exchange contact and insurance details with the other driver(s) and get medically evaluated by first responders.
Collect evidence by taking photos and videos of the scene, your injuries, vehicle damage, the weather, road conditions, and anything else that is relevant to the crash. Ask witnesses for their contact information. Share all this material with your car accident attorney.
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How Does New York State Define a Serious Injury?
The New York State Senate defines a serious injury as dismemberment, significant disfigurement, fracture, permanent loss of a body organ, significant limitation or use of a body system, loss of a fetus, or death. Serious injury also includes any medically determined impairment of a nonpermanent nature preventing the victim from performing standard life duties and functions for between 90 and 180 days or more.
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What is the New York Statute of Limitations Regarding Car Accident Claims?
The New York statute of limitations gives you only three years after the accident to file your claim. While this seems like a long time, it is important to consider how long it takes to gather evidence, determine liability, and build a solid case. The longer you wait or try to manage your claim yourself, the less time your attorney will have to work for you.
You should hire a skilled car accident lawyer as soon as possible after your crash. If you miss the deadline set in the statute of limitations, you could lose the right to seek compensation.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]