Our NYC hit and run lawyer can help you get compensation if the driver who hit you fled the scene.

When your life has been upended by a driver who immediately fled the scene of a crash, you should contact a New York hit-and-run accident attorney to make sure you get the compensation you deserve. Hit-and-run accidents can cause property damage and major injuries, such as brain injury, and even wrongful death. Survivors can be left dealing with tremendous pain and suffering and facing mounting financial costs at a time when they may not be able to work.

Unfortunately, hit-and-run cases are complicated by the fact that the driver who hit you took off and may be difficult to find. Drivers who leave the scene often do so because they lack insurance or were intoxicated. This makes it even more important to get assistance in order to get the compensation you are entitled to.

Our Hit-and-Run Lawyers Understand How NY Laws Apply to Your Case

New York law regarding hit-and-run accidents is complicated, and making mistakes can be costly, so you should not try to handle this on your own. At Kaplan Lawyers PC, we know the law, the system, and what it takes to get our clients payment to cover the many costs they are facing. We will attempt to find the hit-and-run driver, but we will also pursue the compensation that your own insurance company owes you. Put our experienced team to work on your case today, while evidence is fresh, witnesses can be found, and the driver who took off may still be located.

We offer a free consultation to discuss the details of what happened and show you how we can help. Let our law firm meet with you to help you better understand your legal options. There are no fees to you until we win your case. Call the New York hit-and-run accident attorneys at Kaplan Lawyers PC today (516) 399-2364 to get started.

How Our Hit-and-Run Accident Lawyers Can Help You

Our legal team has decades of experience and a proven track record of maximizing settlements, and we are in the best position to ensure that you get everything you are entitled to. We can help by:

  • Filing all paperwork in accordance with New York deadlines and court requirements
  • Attempting to track down the driver by:

    1. Interviewing witnesses, police officers, and first responders to get all available information

    2. Gathering evidence, such as videos from traffic cameras, police, ambulance, and medical reports

    3. Hiring private investigators, if necessary.

  • Negotiating with insurance companies and their attorneys. New York State has a no-fault insurance system that will pay for medical bills, prescription costs, household services, transportation to medical providers, and lost wages up to your limits of coverage if you are injured. If you cannot find the driver or the driver has no insurance, you can turn to your own uninsured motorist personal injury insurance to pay for your pain and suffering. However, be aware that insurance companies are out for profit and will try to get you to settle for the lowest amount possible. They employ an army of attorneys, claims specialists, and experts, but our attorneys know the tactics they use and are prepared to combat them and fight for a fair settlement on your behalf.
  • Building your case and arguing in front of a judge or jury if your case goes to trial.

Compensation Awards Our Hit-and-Run Accident Lawyer in NYC May Win

Our lawyers may win a settlement for you that covers both your economic and non-economic damages.

New York statute ISC 5102 allows you to file a lawsuit if you have sustained a serious injury. This has been defined as death; dismemberment; significant disfigurement; fracture; loss of a fetus; permanent loss of use of a body organ, member, function, or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

How Our Hit-and Run Attorney Proves Liability for the Accident

To win your hit-and-run lawsuit, our lawyers will have to show that the defendant in the case was negligent, at fault, and therefore liable for the accident. There is a legal obligation, or duty of care, for responsible people to act in a way that does not harm others, or they may be held liable.

The following are necessary elements to prove liability:

  • The defendant had a duty of care not to harm you.
  • The party breached that duty through actions or failure to act.
  • This violation was directly related to the accident that caused your injuries.
  • You suffered damages as a result.

Damages You May Receive

In a successful case, our attorneys can win compensation called “damages” for the losses and injuries you sustained in the accident. New York allows restitution for both economic and non-economic damages as follows:

Economic damages – are for your monetary losses such as:

  • Medical and rehabilitation bills, estimated into the future
  • Lost income from being unable to work, past, current, and estimated into the future
  • Property damage.

Noneconomic damages – are for damages that do not have a specific dollar value, such as:

  • Pain and suffering
  • Mental anguish and emotional distress
  • Loss of consortium, and loss of quality and enjoyment of life
  • Disfigurement or permanent loss of limb.

Punitive damages — In some rare cases, where a defendant acted extremely egregiously and recklessly, such as by driving under the influence of alcohol or drugs when causing the hit-and-run, you may also be awarded punitive damages. These are intended to punish the defendant and to deter such actions in the future.

New York does not have a damage cap for personal injury cases, and the more permanent and severe the injury and the greater the impact on your life, the higher the recovery may be.

Amounts of Damage Awards

Every case is different, so there is a wide range of damage award amounts, from the thousands to the millions, depending on the individual circumstances. Our attorneys will look at the factors involved in your individual case to determine an approximation of what your lawsuit is worth based on factors that include:

  • The amount of your monetary losses
  • The type, extent, permanence, and effects of your injuries
  • Your age, health, and physical condition before the accident
  • Your family situation and responsibilities
  • Your work situation – whether you will be able to return to work and what your earning capacity would have been if the accident had not occurred
  • The conduct and recklessness of the party responsible for the injury
  • The availability of insurance coverage and assets of the defendants
  • Whether a death is involved.

New York does not have a damage cap for personal injury cases, and the more permanent and severe the injury and the greater the impact on your life, the higher the recovery may be.

Our Hit-and Run Attorney Answers FAQs

Here are some questions our clients often ask:

  • How long do I have to bring a claim?

    The statute of limitations (or time in which a claim must be brought from the date of the accident) is 3 years for a personal injury claim. If a claim is being brought for wrongful death, the claim must be brought within 2 years from the date of death. If the claim is being brought against a municipality, the time to bring a claim is significantly shorter, depending on who the claim is against, so you should consult with an attorney immediately.

  • How will my medical bills get paid?

    Whether you were the driver or passenger in the car, your medical bills will be paid for by the insurance company for the car that you were in. However, you must file a No-Fault application with the insurance company within 30 days from the date of the accident; if you fail to do so, you will have waived your right to file the claim for benefits.

  • Is the hit-and-run driver 100% at fault?

    New York law follows the pure comparative negligence rule, which states that an injured party will receive compensation for their injuries in proportion to their percentage of contribution to the accident. For example, if a jury believes that a claimant was 10% at fault, the other driver is responsible for paying 90% of the claimant’s damages. In most cases, if a hit-and-run driver has been identified, he will be held strictly liable, meaning that he will be held 100% liable, as fleeing the scene can be considered an admission of guilt.

  • How long does it take for police to investigate a hit-and-run?

    There is no specific timeframe for investigating a hit-and-run accident. How long it takes for police to investigate a hit-and-run will depend on things like whether there were witnesses to the crash who can be interviewed, whether there were traffic cameras and cameras at local businesses that may have captured the accident, and other factors that may make it easier for the hit-and-run driver to be identified. It’s important to contact an attorney right away if you are the victim of a hit-and-run, whether the person who caused the accident has been identified or not.

  • How long will it take to settle my case?

    Every case is different, but our legal team utilizes the most advanced technology and aggressive legal strategy to expedite our clients’ cases, generally resolving cases years faster than any other firm. How long your hit-and-run case takes to resolve ultimately depends on the specific circumstances of your case.

Hit-and-Run Victims Have Legal Options

Slideshare: Hit and Run Victims Have Legal Options

Top 5 Mistakes Made After a Hit-And-Run Accident

There are several steps you can take to maximize the amount of money you receive after a hit-and-run accident, such as documenting your damages, keeping track of all the bills you receive and contacting an attorney very early on in the process. However, there are just as many mistakes you could make that end up affecting the amount of money you are offered by an insurance company. These are some of the most common mistakes hit-and-run victims make after being injured by a negligent driver:

  • Not filing an accident report with the police
  • Failing to report the accident to their insurance company
  • Assuming they will feel better and not seeking medical attention
  • Believing that the insurance company will deal with them fairly
  • Not hiring an experienced attorney who will complete all filings to protect their rights and ensure that the injured person will receive full compensation.

When you hire an experienced attorney, you will be able to take full advantage of their experience and guidance. Your hit-and-run lawyer will give you legal advice about what you should and shouldn’t be doing in the days, weeks and months following the crash. Your attorney will also handle most of the work associated with filing a hit-and-run accident claim, so you can rest and focus on your health and recovery.

Call the New York Hit-and-Run Accident Attorneys at Kaplan Lawyers PC Today

At Kaplan Lawyers, we know how to get results for our clients. Our years of experience can be your asset. We encourage you to review our past results and client testimonials to get a better idea of our legal services. We also want the opportunity to meet with you and your loved ones to help you better understand your path to compensation.

If you can’t come to one of our offices, we can come to you. We value our client relationships, and we take our role as their advocate seriously. Let us hear your story and help you devise a winning strategy.

We offer free initial assessments, and you are under no obligation to move forward with our firm if you don’t wish to do so. Our attorneys work on a contingency fee basis, so if you don’t win your case, we don’t get paid.

Reach out to our law firm to speak to personal injury attorneys who will fight for the payment you deserve — call (516) 399-2364 today.

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