Our Pedestrian Injury Lawyer Helps Win Compensation
Pedestrians have no protection when struck by a vehicle, so it is not surprising that resulting injuries are often very serious, require extensive medical treatment and ongoing care, and may even lead to death. Survivors are often left facing mounting medical bills and expenses at a time they are unable to work.
If you or a loved one was injured or someone has died in a pedestrian accident that was caused by someone else’s negligence or fault, you may be able to get compensation for your losses through insurance or a personal injury lawsuit. However, New York personal injury law is complicated; insurance companies that are out for profit will try to deny claims or get you to settle for as little as possible, and making mistakes can be costly. Fortunately, at this difficult time when you are trying to recover from a pedestrian accident, you do not have to fight for fair compensation alone.
The New York pedestrian accident attorneys at Kaplan Lawyers PC have helped injured pedestrians obtain compensation for their injuries and other damages for decades. Often pedestrian accidents are caused by someone else’s negligence, including drinking and driving, failure to obey traffic controls, and distracted or aggressive driving. We represent clients in personal injury claims to make sure they have all their damages covered and do not have to pay the price for a careless driver’s mistakes.
We offer a free, no-obligation case evaluation to discuss the circumstances of your case and determine the best way to move forward. There are no costs to you until and unless we win your case, so call us today to get started.
Call for Free Consult (516) 399-2364
Our Pedestrian Injury Attorney Knows How to Help
Why Choose Kaplan Lawyers?
While pedestrian accidents are often the fault of a careless driver, this is not always the case, and insurance companies and their attorneys will often attempt to put the blame for the accident on you. These cases can become complicated, so it’s important to have a lawyer you not only feel comfortable with but who has the qualifications to get the results you need. Here are some reasons why we think Kaplan Lawyers PC is your best choice:
- We have more than 30 years of experience with a wide range of vehicle accidents. Attorney Jared S. Kaplan started his career in litigation and uses that knowledge in the representation of his clients in complex matters such as airplane accidents.
- We get results, such as the $1.35 million we won in a car accident settlement, and you can read our client testimonials that show how.
- We handle all legal paperwork and court appearances required by NY law.
- We deal and negotiate with insurance companies, who often try to deny or minimize claims, 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.
When you have Kaplan Lawyers PC working for you, you no longer have to file forms, deal with insurance companies, or worry about whether you’re being taken advantage of. We will take care of all legal hurdles, so that you can concentrate on recovery and your family.
How Our Pedestrian Accident Lawyers Work for You
When you have Kaplan Layers on your side, we will get to work immediately to show that another party was negligent and at fault for causing your accident and therefore should be held liable. We will:
- Meet with you to discuss how the accident happened, who the responsible parties may be, and how much your case should be worth
- Investigate the accident, gathering evidence from traffic and surveillance cameras, and police and medical reports
- Interview witnesses, police officers, and first responders to get all available information
- Hire experts to reconstruct the accident and testify as to all parties who might have been at fault, and experts to testify as to how your injuries negatively impact your life and the costs and care you will need in the future
- Negotiate with insurance companies and their attorneys to fight for a fair settlement on your behalf
- Build your case and present it in front of a judge or jury if your case goes to trial.
We will be there for you throughout the entire legal process, addressing your concerns and keeping you informed.
GET HELP NOW (516) 399-2364
Pedestrian Injury Attorney Knows Causes of Pedestrian Accidents
Reckless drivers pose a threat to everyone they share the road with. The most vulnerable road users are pedestrians, and just one careless moment by a motorist can change a pedestrian’s life forever. New York City drivers know how common pedestrians are on our streets, and they should always be mindful of their surroundings. Drivers often cause serious injuries because they are . . .
- Distracted by a mobile device
- Fatigued or drowsy
- Impaired by alcohol or other substances
- Driving aggressively
- Failing to notice pedestrians as they cross the street
- Turning without signaling their intentions
- Trying to beat a red light.
Distracted driving – drivers using smartphones to talk or text – continues to be the leading reason for vehicle accidents involving pedestrians. Studies have shown that the minimum time these devices distract drivers is five seconds. A lot of harm can be done by their 2,000-pound vehicle in that time span.
It’s important for you to know that it’s not on you to know why a bad driver hit you. All you need to do is call Kaplan Lawyers PC and let us sort out the details.
We’ll find out how a driver made a mistake and hold them accountable for the harm they’ve caused you.
Pedestrian Injury Lawyer Knows No-Fault Laws
In 1973 the New York State Legislature passed what is commonly referred to as the “No-Fault Law,” which provides for the economic needs of pedestrians when struck by automobiles. No-fault coverage will pay for medical bills, prescription costs, household services, transportation to medical providers, and lost wages up to the amount of coverage selected by the policyholder. However, the true intent of the no-fault law was to limit an injured person’s ability to collect money for their pain and suffering, and there are many restrictions and filing requirements relating to no-fault laws in New York. That is why it is essential that you consult with a seasoned pedestrian accident attorney in NYC to help protect all of your allowed compensation benefits.
Serious Injury in a Pedestrian Accident
If you have sustained serious injuries in a pedestrian accident, you may be able to go beyond no-fault restrictions and bring a claim for compensation against the responsible party. Under NY state law (NY Insurance Section 5102(d)), your claim must meet the serious injury threshold, which is defined as:
- significant disfigurement
- 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 ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
In a successful lawsuit, in addition to having your economic losses and expenses covered, our attorneys can win compensation for your non-economic benefits such as pain and suffering and mental anguish that have no specific dollar value but negatively impact your life.
There is a wide range of damage amounts you may receive in a pedestrian accident case, from the thousands to millions of dollars, depending on factors such as whether your injuries are serious, your costs and expenses, your earning capacity and whether you will be able to return to work, and the skill and negotiating ability of your attorney.
Our pedestrian accident lawyers know from experience what your case should be worth and will do everything possible to win maximum compensation.
Just make certain that your lawyer meets these criteria:
- Offers a free initial consultation
- Can help you receive proper medical attention if you need it – and without initial charge during that treatment
- Accepts no fees whatsoever unless you win your accident claim or case.
Pedestrian Accidents Lawyer Answers Frequently Asked Questions
After a traumatic pedestrian accident, you are bound to have questions and concerns. These are best answered at your free consultation, but to get you started, here are some answers to questions our clients often ask:
Do I need an attorney to handle my claim?
Yes. An attorney knows how to navigate the complexities of the legal system and how to deal with insurance companies who have an army of attorneys, claims specialists, and all kinds of experts to dispute the compensation you deserve. They are more likely to take your case seriously and negotiate fairly when you have a lawyer on your side willing to take your case to court. If negotiations break down, a lawyer is prepared to take your case to trial if necessary.
Are there time limits for filing a lawsuit?
Yes. New York has a statute of limitations, a time limit for filing a personal injury suit. Under the law (NY Civil Practice Laws & Rules Section 214), you generally must file a lawsuit within three years from the date of the incident. Except for some rare exceptions, if you let this deadline expire, the courts are likely to dismiss your case. Call our attorneys as soon as you can after the accident to allow sufficient time to file and build a case on your behalf.
Can I bring a claim even if the other driver wasn’t 100 percent at fault?
Yes, you can still bring a claim. New York law follows the pure “comparative negligence” statute. According to the law (NY CVP/1411 Article 14-A), an injured party can be compensated for their injuries relative to their percentage of fault for the accident. For example, if a judge or jury believes that a claimant was 20 percent at fault, they will be able to collect 80 percent of the amount awarded.
How long will it take to settle my case?
All cases are different, but our legal team utilizes the most advanced technology and aggressive legal strategies to expedite our clients’ cases. Well over 90 percent of our personal injury cases never see the inside of a court room because we are able to negotiate a satisfactory settlement, in less time than a trial would take.
How will my medical bills get paid?
Your medical bills will ultimately be paid by the insurance company which covers the car that struck you. You must file a No-Fault application with that insurance company within 30 days of the date of the accident or you will waive your right to claim compensation.
Do I have to pay any legal fees if I lose my case?
No, not with Kaplan Lawyers PC. We work solely on a contingency basis, so there are no fees to you unless and until we win. Our written agreement with you states that if you don’t win your case we don’t get paid. Period!
At Kaplan Lawyers, count on us to be there for you and answer your questions throughout the entire legal process. Call us today to get started.
Free Consult (516) 399-2364
Our Pedestrian Accident Attorney Will Seek Full Compensation for Your Damages Related to Injuries
Pedestrians can be severely injured by a vehicle even at very slow speeds. One single pedestrian collision often leaves a pedestrian with multiple catastrophic injuries. Our attorneys at Kaplan Lawyers will pursue the full amount of compensation you deserve to pay for your damages. Some medical costs can continue long after your pedestrian accident case settles or wins in court.
Our attorneys will assess the damages in your pedestrian accident to determine what settlement amount can cover all of your costs for medical care and other losses. The types of injuries commonly seen in pedestrian accidents may include the following. Some of these injuries can be very severe and require extensive medical care.
- Hip fractures or other complex bone fractures
- Head or traumatic brain injuries
- Back or spinal cord injuries
- Internal injuries or organ damage
- Extensive soft tissue damage.
These injuries are debilitating and life-changing. If you’ve suffered the above injuries or any other type of harm in a pedestrian collision, you’re likely facing costly medical bills, lost time at work, post-traumatic stress disorder and a great deal of physical pain. Devasting injuries disrupt lives, but victims shouldn’t have to pay the costs.
At Kaplan Lawyers PC, we help injured pedestrians get the payment they need to move forward. Contact us today to get started.
Wrongful Death Claims and Pedestrian Collisions
Pedestrians are far more likely to die in a crash than occupants of passenger vehicles. A pedestrian dies in the U.S. every 1.6 hours, on average, according to the Centers for Disease Control and Prevention. When someone loses their life because of a driver’s mistakes, surviving family members can take legal action to seek compensation for their suffering.
In New York, the personal representative of the deceased’s estate may file a wrongful death claim. They can seek payment for burial and funeral expenses, medical expenses and loss of the deceased’s earnings, among other costs.
If you’ve lost a loved one in a pedestrian accident in New York and want to explore your legal options, we encourage you to contact Kaplan Lawyers PC to schedule a free consultation with our team.
Making Streets Safer for Pedestrians
Though New York has plenty of designated crossings for pedestrians, there’s more the city can do to make our streets safer for those traveling by foot. They can improve existing sidewalks, expand the number of crossings, better educate drivers and increase lighting to make pedestrians more visible.
Drivers play a vital role in making pedestrians safer. They need to observe the rules of the road and be mindful of pedestrians. Every driver should assume a pedestrian could be nearby, even if they don’t see one.
At Kaplan Lawyers PC, we believe that by holding negligent drivers accountable for the harm they cause pedestrians, we are making New York’s streets safer for all of us. More importantly, we seek justice for pedestrians that have already been harmed by careless drivers.
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 ]