Hiring A Manhattan Car Accident Lawyer: The Compensation Recovery Guide

Will Recovering Compensation for the Car Accident Be Too Expensive?

This is one of the biggest concerns you might have as a car accident victim already facing financial losses after a car accident in Manhattan. However, most reputed law firms in New York operate on a contingency fee basis. This means that you don’t have to pay any fees upfront. A percentage of your court reward or settlement should be made only if your Manhattan car accident lawyer wins the case.

So if you are concerned about medical expenses and loss of work after getting injured in a car accident, don’t hesitate to consult a car accident attorney who offers a free initial consultation. You can figure out whether your auto accident case is worth pursuing and take the necessary steps to recover compensation. 

What’s New York’s No-Fault Insurance Law?

In order to recover compensation, one of the first things you’ll be doing is notifying the insurance company. This is owing to the fact that New York functions as a no-fault state. As the name implies, no-fault insurance grants compensation to involved parties in a car accident regardless of who is at fault. This is done via your personal injury protection (PIP) coverage and it covers up to $50,000 of your damages.

However, if your injuries fall under the “serious injuries” threshold, as per the New York law, then a personal injury attorney can guide you to recover additional compensation by filing a personal injury lawsuit. Learn more about how a car accident lawyer Manhattan can help recover damages for personal injuries.

If you are contacting your insurance company without seeking advice from a car accident attorney, make sure that you notify the agent no later than 30 days from the date of the accident to file a no-fault accident claim. When you wait too long, there’s a high possibility for your insurer to deny coverage for injuries or damage to your vehicle. This is because insurance companies try to minimize the payout for car accident victims as much as possible.

Steps to Take After the Car Accident to Recover Damages

What you do right after a car accident in Manhattan has an immediate impact on your injury claim. Prioritizing your health is important. So as a first step, make sure that everyone involved in the car accident is seeking medical attention.

Now an important tip to build a strong car accident case is to document all your medical reports and bills from the beginning. In addition, even if you don’t have visible injuries, head to the doctor since you might have sustained internal injuries. The faster these injuries are recorded via a medical examination, the better your chances of claiming compensation.

Next, focus on collecting as much evidence as possible even if you are feeling stressed at that moment. While there’s no way to change what has already happened, you can try to make things better in the near future by collecting evidence such as,

• Photos of road conditions
• Photos of the vehicles and other properties involved
• CCTV footage
• Police reports
• Medical records
• Witness statements
• Contact information of witnesses and other parties involved in the car accident

At this stage, if you have the ability to get in touch with a reliable Manhattan car accident lawyer nearby, it would greatly help. Accident attorneys are already familiar with the traffic laws, CCTV locations, and types of accidents common in the area. They can build your case promptly and negotiate with the insurance company for you.

That’s your next step; negotiating with an insurance agent. Make sure you don’t admit fault when communicating with insurance companies. Their goal is to lowball your offer as much as possible. If a skilled car accident attorney in Manhattan takes over this process for you, that will leave them no room to lower your offer.

Should it be impossible to come to a fair settlement with your insurance company or if the injuries are considered “serious”, the personal injury firm you hire will build a strong case to protect your rights further by taking it to trial. Both sides will present their case to a judge or jury. The final verdict will determine who is at fault and the amount of damages to be awarded.

Types of Damages to Recover After a Manhattan Car Accident

There are three types of damages you are entitled to recover compensation for. These damages are common to all boroughs in New York, including Manhattan.

1. Economic damages: These are direct financial losses that are easy to calculate and prove with documentation like receipts and medical records.

2. Non-economic damages: These damages compensate for the physical and emotional suffering you have endured and still endure due to the accident. An example would be pain and suffering.

3. Punitive damages: These damages are awarded when the at-fault party’s actions were malicious and intentional. Some common examples of cases that may qualify for punitive damages are hit-and-run incidents, drunk driving accidents, and road rage leading to intentional harm.

In Manhattan courts, punitive damages require a high standard of proof and are awarded at the judge’s or jury’s discretion. Knowing the full scope of damages you may be entitled to can help you avoid settling for less than you deserve.

Top 5 Qualities of a Manhattan Car Accident Lawyer Capable of Winning Your Case

When you have been injured in a car accident in Manhattan, hiring just any lawyer isn’t enough. You need one who can actually win. A capable Manhattan car accident lawyer will be your legal partner in fighting back against insurance companies while supporting you during this pressing time. Before hiring a car accident lawyer, look for the following qualities:

1. Deep knowledge of New York personal injury law
2. Proven track record in car accident cases
3. Strong negotiation skills
4. Resources to fully investigate your case
5. Clear and compassionate communication

While you may already understand why the best car accident lawyers in Manhattan will have a proven track record and a deep knowledge of the state’s legal framework, most car accident victims in New York make the mistake of underestimating the value of communication skills.

You are already going through a time of uncertainty. Legal jargon and complicated processes only add to your stress. A great Manhattan car accident lawyer knows the importance of keeping you informed and explaining your options. If you don’t feel like your case is being treated with the seriousness it deserves, it’s better to trust your gut and opt for a different lawyer who is willing to listen to you and communicate transparently while doing what’s necessary to win your case. Strong communication skills are also a good indicator that your car accident attorney is capable of negotiating assertively with insurance companies that try to minimize or deny payouts. 

No matter how skilled your car accident lawyer in Manhattan is, if the accident firm does not have enough resources to defend your case, the probability of winning is lowered. The right car accident lawyer has access to a network of professionals, including accident reconstruction experts and medical professionals who can support your case with strong evidence.

Recovering Compensation if You’re Partially at Fault

Do you feel like you may be partially at fault for your car accident? Don’t assume you’re disqualified from seeking compensation. In Manhattan and throughout New York, the pure comparative negligence rule allows injured parties to recover damages even if they were partly to blame for the motor vehicle collision.

Under this rule, your compensation is reduced by the percentage of fault assigned to you. For example, if you are found to be 20% responsible for the crash and your total damages amount to $100,000, you could still recover $80,000 with a car accident attorney’s support.

It’s not uncommon for insurance companies to exaggerate your role in the auto accident to limit your payout. That’s why having an experienced Manhattan car accident lawyer can help minimize your assigned fault and fight for the highest compensation possible.

Your accident lawyer will gather evidence like traffic camera footage, witness statements, and police reports to establish the full context of the crash. They will also handle communicating with insurers, so you don’t say anything that could be used to shift more blame onto you.

Even if you are unsure whether you were partially at fault, don’t make assumptions. Let a qualified car accident lawyer in Manhattan review your case and determine your legal options. You may have more rights and a stronger claim than you think.

The best way to get some peace of mind after your car accident in Manhattan is to have a free consultation with a Manhattan car accident lawyer you can trust. At the Law Office of Eli Shmulik, we work relentlessly to secure the maximum compensation you deserve. Let us handle the legal battle so you can restart your life with the financial strength you need. Schedule a free case evaluation or call us at (866) 771-6652 today to get started right away.

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For further readings

What Most People Don’t Realize a Car Accident Lawyer in Manhattan Can Do for Their Injury Claim