White Plains Car Accident Lawyers
In White Plains, New York, crashes regularly occur due to careless and negligent drivers. Navigating New York’s filing laws after a crash can be difficult, but the car accident lawyers at Fiedler Deutsch, LLP are here to help you. They will protect your rights as an injured victim, deal with auto insurance companies and demand maximum compensation for your damages. Contact us online or by calling (914) 993-0393 to request a free consultation.
Why Hire Our White Plains Car Accident Lawyers?
- At Fiedler Deutsch, LLP, our attorneys have decades of experience successfully representing client interests during catastrophic personal injury cases, including car, truck, motorcycle and pedestrian accidents.
- Our settlements and verdicts have resulted in millions of dollars for our clients.
- We put our relationships with our clients first, and work closely with you to address your specific needs and goals for a claim.
Common Causes of White Plains Car Accidents
If you have grounds for a third-party lawsuit after a car crash, you or your White Plains personal injury lawyer will need to determine the cause of the crash and who is responsible, such as a negligent driver, before you can file a damage claim against the correct party’s insurance company.
Common causes of car accidents include:
- Distracted driver
- Cell phone use while driving
- Operating a vehicle under the influence
- Drowsy driver
- Reckless driver
- Road rage
- Illegal turn
- Red-light running
- Failure to yield the right-of-way
- Roadway defects
- Vehicle defects
Whether you know the cause of your accident or need an attorney to investigate and find out, our car accident lawyers at Fiedler Deutsch, LLP can help. We understand the most common causes of car accidents in White Plains, as well as how to recover maximum compensation for injured victims.
How Do Car Accident Injury Claims Work in New York?
New York is a no-fault state, which means your own insurance will cover costs of the damages even if another driver caused the accident. Specifically, your personal injury protection (PIP) benefits will pay for medical treatment and other out-of-pocket losses caused by the accident up to coverage limits, but not pain and suffering.
The only exception for stepping outside of the no-fault system is if the crash gave you a serious injury, such as brain damage or scarring and disfigurement. In this situation, you would have the legal right to hold the at-fault driver accountable in a third-party lawsuit.
New York’s Serious Injury Threshold
Under New York’s injury threshold, a serious injury is one that inflicts long-term or permanent symptoms. The exact definition, under Article 51 of the New York State Insurance law, is as follows:
- A significant disfigurement
- A fracture
- The 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
- 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.”
Most of these categories are straightforward, such as a fracture or loss of life. Other examples of serious injuries include a traumatic brain injury, a spinal cord injury, burns, lacerations, and internal organ damage.
What Kinds of Damages Am I Entitled To After a Serious Injury in New York?
Car accident victims who have suffered a serious injury under New York law have the right to demand compensation in a personal injury lawsuit for the following:
This includes past, current, and future medical bills, and any other expenses related to treatment
The past, current, and future wages you would have earned at your job had you not been injured in a crash.
This can include repairs or compensation for replacing your vehicle, as well as for any other personal items damaged in the accident.
Pain And Suffering
For the physical pain and emotional distress that you have endured.
If your case involved egregious or malicious conduct, the court may award punitive damages as a punishment to the defendant.
As a pure comparative fault state, New York has specific rules that can affect the outcome of your car accident claim. Pure comparative negligence means that each person involved in the car accident will be investigated to determine their percentage of fault in causing it. In other words, you can be assigned a percentage of fault, too, even if the other driver was primarily responsible for what caused the accident. The higher your percentage of fault, the less compensation you receive. For example, if you are awarded $100,000 and found 25% at fault, you will only recover 75% of your award, or $75,000. Because your compensation is at risk, it is critical to have an attorney on your side to ensure the appropriate party is held accountable.
What To Do After a Car Accident in White Plains?
Following a car accident, there are important actions to take to protect yourself and your right to compensation.
- Call the police. An official report will be made, establishing your account of the event and the extent of the damage.
- Don’t move any evidence; take photos of each vehicle where they are, of the surrounding area, and your injuries.
- Write down the other driver’s license and registration information, their insurance company’s contact information, and contact information for any eyewitnesses.
- Seek medication attention as soon as possible if you are not treated at the scene. Any delay in treatment can be used against you in the future if you pursue a lawsuit.
- Speak to an experienced car accident attorney who can help you determine if you have a case against the at-fault driver.
When to Contact a White Plains Car Accident Attorney
If your White Plains car accident does not involve serious injuries, you can call your insurance company to file a first-party claim. However, if the crash seriously injured you or took the life of a loved one, use an attorney to help you collect fair compensation. A car accident lawyer can determine the defendant, file confusing claims paperwork and negotiate with insurance companies on your behalf.
Call Our White Plains Car Accident Lawyers
Do not underestimate the importance of hiring an experienced lawyer after a serious car accident in White Plains, New York. Call Fiedler Deutsch, LLP at (914) 993-0393 or contact us online to request a free consultation at our local law office. We are here for you.