Our Car Accident Lawyers in Smithtown Fight for Compensation
Car accidents happen frequently in New York and may result in serious injuries to victims including broken bones, amputations, brain and spinal cord injuries, and tragic deaths. Survivors can be left traumatized and having to deal with huge medical, rehabilitation and repair bills at a time when they are unable to work. Financial losses can easily exceed the limits of an insurance policy, especially if other family members were also injured in the crash.
If you or a loved one has been injured or someone has died in in a Smithtown auto accident that was due to someone else’s fault or negligence, you may be entitled to compensation for your losses through insurance or a lawsuit. However, New York laws are complicated, and insurance companies will try to deny claims or use tactics to get you to accept less than you deserve. Making mistakes can be costly, but, fortunately, there is help available from the experienced Smithtown car accident lawyers at Kaplan Lawyers PC.
Our attorneys understand what you are going through and how disruptive an auto accident can be to your life. We have fought for compensation for many clients over the years and can do the same for you. We have a long track record of winning compensation for accident victims and are prepared to handle all dealings with insurers and the legal hurdles involved with getting you the compensation you deserve.
We offer a free, no-obligation consultation to discuss the circumstances of the accident and determine the best way to move forward. There are no fees unless and until we win a settlement for you, so call us today.
How Our Smithtown Car Accident Attorney Helps You
Why Choose Us?
There are many attorneys in New York, and it’s important for you to find one you have confidence in and who has the experience necessary to deal with complicated car accident injury cases. Here are some reasons why we believe Kaplan Lawyers PC is your best choice:
- We have more than 30 years of experience.
- We get results, such as the $1.35 million we won in a car accident settlement. Our reputation and our entire practice are built on achieving exceptional results while providing the best service possible.
- We have helped many satisfied clients, and you can read their testimonials to prove it.
- We help you find medical care for your injuries and document everything.
- We handle all required legal paperwork and court appearances.
- We deal and negotiate with insurance companies, so you won’t have to.
- We are recognized in and give back to the community and have won awards including the AVVO Rating for Excellence in Personal Injury and the Top 100 Settlements for personal injury from Topverdict.com.
- We offer free initial consultations to get you started.
- You pay us nothing unless we win and you get your money.
How Our Smithtown Attorneys Work for You
When you Kaplan Law to represent you after a car accident, our legal team starts working immediately for you. We will:
- Meet with you to hear how your accident happened, who the at-fault parties may be, and determine whether you have a valid case and what it may be worth
- Investigate the accident and gather evidence such as from photos, videos, and police and medical reports
- Interview witnesses and first responders
- Take care of all legal requirements in a timely manner, including filing all paperwork, making court appearances, and handling appeals
- Consult experts to reconstruct the accident and testify as to fault and experts to testify as to your costs and how your injuries negatively impact your life and ability to work
- Negotiate with insurance companies and their lawyers for maximum compensation
- Build your case and take it to court if necessary.
Our Kaplan Lawyers legal team knows the courts and the system and will handle all legal requirements and hurdles so you can concentrate on your recovery.
Get Started Now (516) 399-2364
Compensation Our Car Accident Attorneys in Smithtown May Recover
In a successful car accident case, our Smithtown attorneys will fight to win a monetary award called “damages.” Your award should cover both your economic and noneconomic damages as follows:
Economic damages – for financial costs and losses that can be quantified monetarily, such as medical and rehabilitation bills, lost income from being unable to work, and property damage, such as to repair or replace your vehicle.
Noneconomic damages – for damages that do not have a specific dollar value but negatively impact your life, such as pain and suffering, emotional anguish and PTSD, and loss of consortium and quality and enjoyment of life.
Punitive damages – In some rare cases, where a defendant acted extremely egregiously and recklessly, you may also be awarded punitive damages. These are intended to punish the defendant and to deter such actions in the future.
Amounts of Damage Awards
Damage award amounts can vary widely in a car accident case, from the thousands to the millions. The amount you may receive in your individual situation will depend on the factors involved. Consideration will be made for your actual costs and monetary losses as well as the severity and permanence of your injuries, and your age, family situation and expected earning capacity. The availability of assets and insurance are also factors, and the skill of your attorneys plays a major role.
New York does not have a damage cap for personal injury cases, so rest assured that our Smithtown car crash attorneys will demand and fight for maximum compensation possible.
Smithtown Car Accident Attorneys Must Prove Negligence
Every traffic vehicle collision occurs because of unique circumstances. To win your case, your Smithtown car accident lawyer must be able to prove that another party, the defendant in the case, was negligent and at fault for causing your accident. Establishing negligence legally means showing the existence of the following factors:
- Duty — The defendant had a duty of care not to harm you.
- Breach — The defendant breached that duty through actions or failure to act.
- Cause — This violation was directly related to the accident that caused your injuries.
- Damages — You suffered damages as a result.
In auto crashes, there may be multiple parties responsible for the accident. In addition to the other driver, defendants may include:
- The vehicle or part manufacturer, if these were defective and failed
- A road maintenance company that left debris in the road
- A municipality that failed to post warning signs for hazardous conditions.
When someone else’s negligence causes you harm, our Smithtown car accident attorney knows how to identify negligence and prove your claim.
FAQs about Smithtown Car Accidents
After a traumatic car accident, it’s natural to have questions and concerns. The best way to find out specific answers is at your free consultation, but to get started, here are some of the most common questions our attorneys are asked.
How does no-fault insurance affect my case?
New York’s no-fault system will pay for medical bills, prescription costs, household services, transportation to medical providers, and lost wages up to your amount of coverage. However, no-fault laws limit an injured person’s ability to collect money for their pain and suffering. To go beyond no-fault and bring a lawsuit, New York law (ISC section 5102) requires you have suffered “serious” injuries, which are:
- significant disfigurement
- bone fracture
- permanent limitation of use of a body organ or member
- significant limitation of use of a body function or system, or
- substantially full disability for 90 days.
Our Smithtown car accident attorneys will determine whether you can file a personal injury lawsuit that will provide full compensation for all your losses.
What should I say to the insurance company?
The less you say to an insurance adjuster, the better. Insurance companies are concerned with profit and their bottom line, so will always try to get you to accept the lowest amount possible. They may use tactics such as offering you a quick settlement in return for signing a release. Be aware that once you accept their offer, you will not be able to make additional claims in the future, even if your injuries get worse. They may also attempt to trick you into saying something that can be used against you, such as admitting that you were partially at fault for the accident.
Tell the insurance adjuster to speak to your attorney, and let Kaplan Lawyers PC handle all dealings and negotiations to fight for a fair and just settlement.
What if I contributed to the accident?
New York follows the rule of comparative negligence, which allows an injured plaintiff to recover compensation for their injuries even if they were partly responsible for the accident that caused them. According to the law (CVP Chapter 8 Article 14-A Section 1411), if you were partly at fault for the crash, the judge or jury will compare fault, calculate percentages of fault for each driver, and award damages accordingly. For example, if you have incurred $100,000 in damages in a crash, but you are found to be 20% percent at fault, you may still receive 80% of your damages, or $80,000. This comparative fault rule in New York applies even if you were the one who was more at fault.
Are there time limits for filing?
Yes. New York has a “statute of limitations” — a time limit for when you can file a claim. Unless some rare exception applies to extend the deadline, you have three years from the date of the incident to file a claim or the courts are likely to refuse to hear your case, so call our car accident attorneys in Smithtown as soon as possible.
Will my claim be settled or go to trial?
That depends on the circumstances. If the insurance company is willing to come up with a fair settlement that you are willing to accept, it is generally desirable to reach a settlement out of court. Trials are costly and can drag on for years, so, often, when the other side realizes you have an attorney willing to take the case to trial, it increases the chances that they will come up with a fair settlement offer. However, our Smithtown car accident lawyers are fully prepared to take your case to court if necessary.
How much does it cost for a Smithfield car accident attorney?
The good news is that it costs nothing up front to have our lawyers handle your case. At Kaplan Lawyers PC, we work on a contingency fee basis, which means that you pay us only if we win your case, and the fees come out of the settlement award.
Don’t see an answer to your question? Reach out to our car accident attorney with any other questions you may have. We will be there for you throughout the entire legal process, answering your questions and keeping you informed.
Get Help from Our Smithtown Car Accident Lawyer
The Smithtown auto accident lawyers at Kaplan Lawyers PC have decades of experience and a proven track record of helping people who have been hurt in an auto accident receive the money that they are entitled to. We know how anxious and fearful people are after a serious accident and will do everything possible to take the burden off you and do the work necessary to get you a settlement. We take a client-first approach, so our priority is getting you the help you need. Our accomplished legal team has the specialized knowledge and experience to recover the compensation that our clients deserve. We believe that all victims deserve justice, and we will fight tirelessly to secure the financial compensation that you are owed after your accident.
Don’t delay. Call a dedicated, trustworthy Smithtown car accident lawyer at Kaplan Lawyers for a free, no-obligation consultation today.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]