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Got Into a Car Accident in Brooklyn? You’ll Need a Brooklyn Car Accident Lawyer for Your Case

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In New York State, including Brooklyn, car accidents are governed by complex laws. Hiring a car accident lawyer in Brooklyn with specialization can be critical for several reasons. There are several reasons why you should hire a skilled accident lawyer familiar with NY accident law and Brooklyn’s court system –

Understanding the No-Fault Insurance System

New York operates under a "no-fault" insurance system. This means that after a car accident, your insurance will cover your medical expenses and lost wages up to a certain limit, regardless of who was at fault for the accident.

However, there are limits to this no-fault system that you should be aware of –

No-Fault Coverage Limits – Typically, the NY no-fault insurance only covers up to $50,000 for basic economic losses (medical expenses, lost earnings, etc.). An experienced lawyer can help you determine whether your damages exceed this amount and whether you are eligible to pursue a claim outside the no-fault system.

Filing for Serious Injury – To step outside of the no-fault system and sue the at-fault driver, New York law requires that you meet the "serious injury" threshold. This threshold includes significant injuries like fractures, disfigurement, or any injury resulting in permanent or significant limitations. Your accident lawyer can help establish whether your injuries qualify under this threshold and gather medical evidence to support your claim.

Understanding Liability and Comparative Negligence

New York follows a comparative negligence rule. This means that even if you are partially at fault for the accident, you may still be entitled to recover some of the damages. However, your compensation will be reduced by the percentage of fault assigned to you. Your car accident attorney can help argue on your behalf to reduce your share of the negligence.

Assigning Fault – Insurance companies routinely try to minimize their payouts by assigning more fault to the victim. A skilled car accident lawyer from Brooklyn can build a case to contest unfair fault assignments by collecting and presenting evidence. This evidence could include accident reports, witness statements, surveillance footage, and expert testimony.

Proving Negligence – Proving negligence in a car accident can be complex and often requires sound legal expertise. Your lawyer should know how to interpret traffic laws, reconstruct accidents, and demonstrate that the other party’s negligence caused your injuries.

Dealing with Insurance Companies

All insurance companies are motivated to minimize the amount they pay in claims. They may use tactics such as offering low settlements or delaying the claim process to avoid paying out what you are owed. An experienced lawyer knows how to negotiate with insurance companies to guarantee that you receive fair compensation. Your accident lawyer can prevent you from being pressured into accepting a low-ball settlement that won’t cover your medical bills, lost wages, or pain and suffering.

Filing insurance claims involves a significant amount of paperwork. Missing deadlines or filing incomplete forms can hurt your case badly. A lawyer will help make sure that all the necessary documentation is submitted correctly and on time.

Skillfully Recovering Non-Economic Damages

In addition to economic damages like medical expenses and lost wages, you may also be entitled to non-economic damages. These include –

Pain and Suffering – Compensation received for the physical pain and emotional distress caused by the accident.

Loss of Consortium – Compensation received for the negative impact on your relationship with your spouse or family. This also includes compensation claimed by the victim’s family in case of their death.

Typically, New York’s no-fault system does not cover these non-economic damages unless you step outside the no-fault threshold. A skilled car accident lawyer can help quantify these damages and pursue the maximum compensation you're entitled to.

Obeying the Statute of Limitations

New York has strict deadlines, known as the statute of limitations, for filing car accident lawsuits.

For Personal Injury Cases – The statute of limitations for personal injury claims in New York is three years from the date of the accident.

For Wrongful Deaths – If a fatality occurred as a result of the accident, the family members have two years to file a wrongful death claim.

Missing these deadlines could result in you losing the right to recover any damages. Your lawyer can make sure that your claim is filed within the necessary time limits and handles all procedural requirements.

Handling the Complexity of the Legal Process

Usually, car accident cases can be legally and procedurally complex, especially when they involve multiple parties, severe injuries, or a disputed fault.

If a fair settlement cannot be reached, your lawyer can represent you in court. This guarantees that your case is presented persuasively before a judge or jury.

A skilled car accident lawyer in Brooklyn will have easier access to expert witnesses, such as accident reconstruction specialists and medical professionals, who can provide expert testimony to support your claim. They also know how to gather the right type of evidence to strengthen your case.

Familiarity with Special Considerations in Brooklyn

Handling a car accident in Brooklyn requires knowledge of both state and local laws, including familiarity with the courts, judges, and local procedures. Brooklyn, being one of the most populous boroughs of New York City, has its unique traffic conditions.

Accidents here are often influenced by factors such as –

Dense Traffic – The heavy traffic and congestion in Brooklyn increase the chances of multi-vehicle collisions and complex accident scenarios. Accidents that occur here require special attention.

City-Specific Regulations – Brooklyn has unique traffic regulations, pedestrian activity, and specific areas prone to accidents. Major intersections, bridges, and highways are a few of such areas. A car accident lawyer from Brooklyn is familiar with these aspects and can use this knowledge to your advantage.

Maximizing Compensation

Car accident lawyers have experience calculating the full extent of damages – current and future medical costs, rehabilitation, lost earning capacity, and other long-term impacts. He or she will aim to secure compensation that covers all aspects of your recovery, not just immediate expenses.

To wrap up, hiring a car accident lawyer in Brooklyn is essential because of New York’s no-fault insurance laws, and the complexity of establishing fault and damages. The tactics used by insurance companies, and the legal expertise required to navigate the local and state legal systems is crucial in determining the outcome of your claim. An experienced car accident lawyer will see to it that you receive full compensation for both your economic and non-economic losses, all while managing the complexities of the legal process on your behalf.

We know how much it matters to be represented well before the law. In case you’ve been in a car accident in Brooklyn, make sure you call Brooklyn’s best car accident lawyers at Gabriel Law. You pay only if you win.

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