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.