Injured in a Car Accident? Our Accident Attorneys Can Help.

The car accident lawyers at Hecht, Kleeger & Damashek, P.C. have recovered millions of dollars for people who have been injured in motor vehicle accidents. We understand you are likely concerned about medical bills, car repair or replacement cost, time off work, insurance claims, and more. You do not have to handle everything yourself. We will help answer your questions, ease your stress, and fight for the money you deserve.

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Types of Car Accidents

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Compensation in New York City Car Accident Cases

Working with an experienced car accident lawyer will help you win the best results possible in your claim. An attorney is more likely to get the claim decided in your favor and get you more money than you would without a car accident attorney.

Our Car Accident Lawyers Can Help Get Compensation For:

We fight for you to receive the maximum compensation possible for your physical, psychological, and financial injuries, including:

New York Wrongful Death & Survival Action Law

Fatal car accidents can be devastating. Under New York’s wrongful death and survival action laws, you can demand compensation for the loss of your loved one’s income, loss of your loved one’s support, medical expenses, funeral and burial expenses, pain and suffering.

What Is the Value of My NYC Car Accident Case?

Car accident claims are usually worth the monetary value of your losses (damages) as a result of another person’s careless actions. This includes your medical expenses, lost past income and future earnings, and more. Crash claims also value non-economic damages, like your pain and suffering. These non-economic damages are harder to calculate, which is why you should work with an experienced NYC car accident attorney to find out what your personal injury claim is worth.

What to Do After an Auto Accident in NYC

infographic for steps after a car accident

Get medical attention

Seek medical attention from a doctor immediately. Although you might feel good after the accident, symptoms such as pain, discomfort, dizziness and numbness can surface in the following days. Seeking medical attention as soon as possible helps strengthen any personal injury claim you may file.

Document everything

Take notes regarding injuries and medical treatment to make sure you can obtain full reimbursement from an insurance company. Write down names of physicians, physical therapists, chiropractors and other professionals you visit. Start a file for receipts and other related paperwork. Keep a journal about your injuries and treatment and write detailed notes.

Keep proof of financial loss, including lost wages and work opportunities.

Take photos of the car accident scene

Take numerous photos of the crash location, including stop signs and traffic lights, in addition to photos of damage to your vehicle.

Obtain names and contact information of witnesses

Witnesses could play a crucial role in helping you make a strong claim. Make sure to talk to anyone who could have information on your crash so they can help you secure the compensation you deserve.

Contact a car accident attorney

Contact Hecht, Kleeger & Damashek, P.C as soon as possible after a car crash to discuss the best next steps.

We will listen to your story and ask questions to piece together what happened. Once your lawyer has an overview of your situation, they can give you a good idea of whether you have a strong claim for compensation and the possible value of your damages.

What To Expect from Your New York City Car Accident Lawyer

Once you enlist the help of a car accident lawyer, they will:

Investigate the Accident

We thoroughly investigate car accident claims. As the person claiming compensation, you must prove what happened. You have to establish that another driver was negligent and caused your injuries. We gather the police report, photos, videos, your statement, eyewitness testimony, and expert opinions to get the evidence you need. Your personal injury attorney can help you understand more about Negligence and Liability in New York City Personal Injury Cases.

Send a Demand Letter to the Liable Party

Once we know who caused the crash and the extent of your injuries, we will send a demand letter to the liable party or their insurance company. The letter will demand that this party takes responsibility for their actions and the harm they caused you. We will calculate the value of your claim and make a specific financial demand in the letter.

Negotiate with the Insurance Company

As your case progresses, the insurance company may make you a settlement offer. Their first offer is never the best. Make sure not to give them information without consulting your lawyer. They could use your statements against you later on.

Your attorney will negotiate with insurance adjusters, show them your losses, and demand a fair settlement.

File a Car Accident Lawsuit

Even if you expect to settle your case, filing a personal injury lawsuit is common. This allows your attorney to use the discovery process to obtain evidence and documents from the insurance company and the person responsible for your crash.

Obtain Compensation

The goal is to obtain the financial compensation you deserve. Most cases will do that through a car accident settlement, but if we have to go to trial, we will handle the jury, motions, and all other aspects.

New York Auto Insurance Requirements

All registered vehicles in New York must be covered by:

  • Personal Injury Protection (PIP): This no-fault insurance covers your reasonable and necessary medical expenses, up to 80% of your lost wages, certain reasonable and necessary expenses, and death benefits. New York requires you to carry a policy of at least $50,000 per person.
  • Liability Insurance: This covers bodily injuries and property damage you cause other people. New York requires you to carry a policy of at least $25,000 for bodily injuries or $50,000 for any death of one person, and $50,000 for bodily injury or $100,000 for fatalities per accident.
  • Uninsured Motorist: This covers bodily injuries in crashes in which the at-fault driver does not have liability insurance. The minimum policy limits are the same as for liability insurance, 25/50.

New York Is a No-Fault State

New York is considered a no-fault insurance state, which is why it requires PIP insurance. After a crash, you must use your insurance to primarily cover your medical bills and lost wages. But if you suffer a severe injury in a New York crash, you can file a third-party insurance claim or personal injury lawsuit against the negligent driver. You can demand compensation for additional medical bills, expenses, pain and suffering, and emotional distress.

New York City Car Accident Settlements

Many personal injury cases settle before trial and motor vehicle cases are no different. When negotiating settlements we consider your past and future expenses, lost income, and pain and suffering. We take everything into account before we recommend you say yes to a settlement. When you receive a settlement, it will be in a lump sum or payment plan, which you will use to pay your legal fees and medical bills.

What if My Case Goes to Trial?

The insurance company and negligent driver might refuse to settle the case after receiving the demand letter. To pursue compensation and show them we are serious, we will file a personal injury lawsuit. Going to court allows us to use the discovery process and gather more information. Learn more about the complex Personal Injury Lawsuit Process.

Some of the courthouses that we frequently work in include:

Car Accident Statute of Limitations in New York

There is a time limit for how long you have to file a personal injury lawsuit. In New York, you have three years from the date of the car crash to file a lawsuit in most cases. This deadline applies only to lawsuits, not insurance claims. If an accident involves a municipality, the statute of limitations may be shorter.

Defenses in Car Crash Claims

When you file a car accident insurance claim or lawsuit, the defendant will likely fight back. If the defendant is insured, then their insurance company will provide defense lawyers. These lawyers will argue that the defendant was not negligent. They might argue that you or someone else was to blame.

Comparative Negligence in New York

The defendant does not have to be 100% at fault for you to win compensation. New York follows a pure comparative negligence rule. The insurer assigns fault, or if you go to trial, the jury. However, your compensation is reduced by your percentage of fault.

Why Are Car Accidents So Dangerous in New York City?

Thousands of car accidents occur in New York City and Manhattan every month. Many of those involve other motorists, passengers, cyclists, and pedestrians.

Car accidents in New York City are on the rise. In addition to regular traffic, taxis and rideshare companies have brought more cars and drivers into the city than ever before. You can view up to date information about crashes at the New York City Open Data website.

Some of the most dangerous roads in New York City include:

  • Upper Broadway in Manhattan
  • Henry Hudson Parkway in Manhattan
  • Hempstead Turnpike in Long Island
  • Sunrise Highway in Long Island
  • Jericho Turnpike/Middle County Road in Long Island
  • Broadway in Bronx
  • Grand Concourse in Bronx
  • Neptune Avenue in Brooklyn
  • Woodhaven Boulevard in Queens
  • Hylan Boulevard in Staten Island

Common Types of Car Accidents in NYC

The most common types of car accidents in New York City include:

Common Causes of Car Accidents in New York

The top contributing factors of car accidents in New York City are:

  1. Driver inattention and distraction
  2. Following too closely
  3. Failure to yield to the right of way
  4. Improper passing or lane usage
  5. Backing up unsafely
  6. Passing to closely
  7. Unsafe lane changes
  8. Improper turning
  9. Disregarded traffic control
  10. Another uninvolved vehicle
  11. Reckless driving

Other contributing factors included road rage, alcohol, drugs, driver inexperience, failure to keep right, drowsiness, falling asleep, illness, medication, using a cell phone, using a navigation device, passenger distraction, eating and drinking, and confusion with a bicycle, according to the New York Police Department (NYPD).

Common Car Accident Injuries

We handle car accident cases involving all types of injuries, including:

Resources for New York Car Accident Victims

If you are involved in a car accident, you should immediately contact a New York personal injury lawyer. However, you may also need help with the following:

Other Accident Cases We Handle

Hecht, Kleeger & Damashek, P.C. is here to help if you were hurt in a:

New York City Car Accident FAQ

What Do I Do If the Other Driver Doesn’t Have Car Insurance?

If you are involved in a crash where the other driver doesn’t have car insurance, you still have options. You may be able to recover a significant amount of money from your own insurance company through an uninsured motorist policy. You can also sue the other driver and force them to pay for your medical bills and other losses.

What If I’m the Victim of a Hit and Run?

If you are in a hit and run accident, you might be hurt and very confused. Even if you have no idea who hit your car, you may still have options for compensation. You should first call the police, then get contact information from any witnesses. Document the scene by taking pictures and note any security or traffic cameras. Your attorney can help you with an uninsured motorist claim through your own insurance, and we will do our best to find the person responsible.

What Should I Do About My Medical Bills After an Accident?

You will likely have medical bills for emergency and ongoing care after an accident. You shouldn’t have to worry about these bills while your claim is ongoing. We will contact your providers and get them to wait for payment. If your health insurance has paid for any of your treatment, they may want you to repay them once you get a settlement. However, we can also talk to them about relinquishing that demand.

Schedule a Free Consultation with a New York City Car Accident Lawyer Today

When you get hurt in a car crash, you should have help winning compensation. Working with an experienced lawyer in New York will help you prove your case. The insurer or jury is more likely to decide in your favor when your case is well investigated and presented. A lawyer also will maximize the final compensation for your damages.

To talk with a seasoned New York car accident lawyer about your options, call (212) 490-5700. You also can submit your information through our online form to request a free initial consultation.

We offer free case evaluations, and there are no up-front fees. You only pay us if we recover compensation.

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07/05/2015

After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…

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