As a Riverhead car accident lawyer, one sees countless tragic situations arise because of collisions on the road. Many of the people we work with sustain injuries that require days or weeks of hospitalization, often followed by extended recovery periods at home.
For those who cannot work or get paid during this time, the financial implications of this situation can be crippling, and medical bills only compound the problem. Many accident victims let the pressure of their situation get the better of them and accept a subpar settlement offer from their insurance company, setting themselves up for major financial hardship down the road.
If you choose to partner with a Riverhead car accident attorney from Tucker Lawyers, we’ll look after every aspect of your case. We can put you in contact with doctors and other accident-related service providers, like mechanics, who charge nothing upfront for their services. While you concentrate on your recovery, we’ll work on evaluating your case and entering negotiations with your insurance company.
If you need legal representation in Suffolk County, look no further than Tucker Lawyers. Our skilled team knows what it takes to get results for car accident victims.
Contact our Riverhead car accident lawyers at (516) 399-2364 for a free legal consultation.
At Tucker Lawyers, We Will Fight for Full Compensation in Your Case
Most personal injury claims eventually settle out of court. However, “eventually” is the key word in that sentence; the negotiation process is often lengthy because the pursuit of the maximum possible benefits takes time. Insurance companies know that claimants are often under immense financial pressure, and that stall tactics can often force them to accept a smaller payout than they deserve.
Once all evidence is available, a Riverhead car crash lawyer can accurately determine your claim’s settlement value. This value is a lot like the sticker price on a new car; it’s the starting point for negotiation, not a final figure. Of course, when it comes to complex car accident cases, you’ll need an expert attorney managing these negotiations on your behalf.
Analyzing the settlement value usually starts with an estimate of the economic damages in your case, such as medical bills and lost earnings. Then, to determine noneconomic damages, most attorneys multiply the economic losses by two, three, or four, depending on the circumstances of the case.
To speed up the negotiation process, your lawyer may decide to submit various types of legal filings to put pressure on the insurance company. As noted above, insurers know that time is on their side, so it’s up to plaintiff attorneys to do what they can to keep the process moving.
Insurance company lawyers usually file procedural motions to block claims in response. However, when car accident attorneys do their background work properly before filing cases, these motions almost always fail.
A court filing triggers a mandatory mediation requirement in most Suffolk County courts. If this happens in your case, the judge will appoint a third-party mediator to oversee settlement negotiations. Mediators ensure that insurance companies make a proper effort to settle cases, rather than simply going through the motions.
Common Damages in Riverhead Car Accident Cases
Damages are designed to put you in the same place you would have been had your accident never happened. Of course, no legal proceeding or financial reimbursement can reverse the devastating physical impact of a car accident, but courts take this into account when assigning monetary damages to claimants.
Generally, two kinds of damages (economic and noneconomic) are available in car crash claims. A third kind (punitive) is available in some extreme cases.
Economic Damages
Out-of-pocket losses in car accident claims usually include property damage, medical bills, and lost wages.
Most insurance companies have separate departments for property damages and injury damages. This means the property damage portion of your claim may settle very quickly, assuming no major issues arise.
The latter two categories are more complex as they often involve bigger and longer-term payments. If you suffer injuries that keep you out of work for an extended period (or for the rest of your career), you’ll require compensation to properly address this loss. Similarly, your medical requirements may go well beyond initial treatment; you might need care for years or decades. In cases like these, fair settlements can stretch into six and even seven figures, so insurance companies will do whatever they can to minimize them.
Noneconomic Damages
These damages provide compensation for the intangible harm your accident has caused you, including pain and suffering, loss of consortium (companionship), emotional distress, and loss of enjoyment of life.
Punitive Damages
These damages are generally only available if a Suffolk County car accident lawyer can prove, using clear and convincing evidence, that the tortfeasor (negligent driver) intentionally disregarded a known risk. This commonly occurs in cases involving intoxication, reckless driving, or other forms of egregious conduct on the road.
The Role of Insurance Companies in Riverhead Car Accident Cases
New York is a no-fault state; this means that, when you get into a road accident, you can file a claim for benefits with your own insurance company regardless of who was at fault for the collision. So, insurance companies generally do not have an incentive to argue that their policyholders are not responsible for accidents, as is the case in other states. On the whole, this makes the process of filing for motor insurance benefits considerably easier for New York drivers compared to those elsewhere.
However, the compensation you need to fully fund your recovery may exceed the limits of your no-fault coverage. Additionally, you won’t be entitled to noneconomic damages through a no-fault insurance claim; PIP policies only cover costs related to medical care, lost earnings, and some other out-of-pocket expenses. So, if you want to pursue justice for the pain and suffering you had to endure because of another driver’s negligence, a car accident lawsuit is your only option.
You should note that this option isn’t open to everyone who gets in a car crash. New York rules state that you may only file a third-party lawsuit if you sustain a “serious injury.” Only certain injuries meet this standard, such as:
- The loss of an unborn child
- Bone fractures
- Significant disfigurement
- Loss or limitation of the use of a bodily organ, function, system, or member
- Nonpermanent injuries that prevent the execution of normal daily activities for at least 90 of the 180 days directly after an accident.
Wrongful Death Claims Arising from Riverhead Car Accidents
Death is a tragically common occurrence on New York’s roads, including in Riverhead. If you’ve lost a member of your family because of the negligent behavior of another road user, you may have the right to pursue monetary compensation through a wrongful death lawsuit.
These kinds of claims seek various forms of compensation for the loss of your deceased family member such as lost household income, lost companionship, and funeral expenses.
The rules in New York set out that only the spouse, children, or parents of a deceased person can file a wrongful death claim. The personal representative of the decedent’s estate may also file suit. Siblings or cousins of deceased persons generally cannot file wrongful death lawsuits unless they’re doing so as a named personal representative.
Car Accident Statistics
The number of serious car accidents occurring in the US each year has been on the rise in recent times. An analysis of government data conducted by USA Today revealed that there were 42,795 fatal car accidents across the country in 2022, compared to 36,835 in 2018 – that’s an increase of over 16%.
Early estimates of statistics for 2023 indicate a slight improvement over last year; according to the National Highway Traffic Safety Administration (NHTSA), there were 3.3% fewer fatalities on America’s roads in the first quarter of this year than the same period last year.
The USA Today report reveals that New York has a relatively low rate of fatal car accidents; the article attributes this to low rates of vehicle ownership in the state’s main metropolitan area.
Frequently Asked Questions (FAQs)
We will always answer your questions before moving forward, and some of the most common questions people ask us include:
What are some of the most common types of car accidents?
Every collision is different. Still, some types of car crashes in Riverhead are more common than others. Some of the most common categories of motor vehicle collisions in the area include:
- Side-impact collisions
- Sideswipe accidents
- Head-on collisions
- Rear-end accidents
- Rollovers.
No matter what type of crash you have sustained, you have the right to pursue compensation from the liable parties.
Will I need to pay upfront fees to hire a car accident lawyer in Riverhead?
No. Like most reputable road accident lawyers, our attorneys operate on a contingency fee basis. When you hire Tucker Lawyers, we will agree to take a specific portion of your potential financial recovery as payment. You will not pay any attorneys’ fees unless we successfully settle your claim or win your case.
How common are fatal car crashes in Riverhead?
While the annual number of car accidents fluctuates over time, it’s always a major issue in New York. Official statistics from the State Department of Health estimate that, on average, three New Yorkers lose their lives on the roads every day.
What are some examples of the causes of accidents?
Some of the most common causes of traffic collisions include:
- Distracted driving
- Failure to yield when appropriate
- Inadequate observation while reversing or parking
- Speeding
- Driving while intoxicated. As noted above, punitive damages are more likely to be available in cases where intoxication is a factor
- Failure to obey traffic signs or lights.
These may not be your only questions; our attorneys will discuss your specific concerns in your initial consult.
Why Choose a Riverhead Car Accident Lawyer at Tucker Lawyers?
If you need a knowledgeable legal representative in Riverhead, reach out to Tucker Lawyers.
Contact us today to start the process of seeking compensation and getting your life back on track. You can reach us over the phone at (516) 399-2364, or via the contact form on our website.
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 ]