You Should Not Suffer Financially If A Car Accident Is Someone Else’s Fault
If you or a loved one has been injured in a bus, truck or car accident, you may be able to recover medical expenses, lost wages and other losses you suffered.
It is extremely important to have well-qualified legal advice before signing an insurance release or making a statement to an insurance company representative. At the Brooklyn, New York, law firm of Lozner & Mastropietro, we have represented clients in motor vehicle accident cases since 1996. We offer the skill and experience needed to secure maximum compensation.
To speak with one of our lawyers about your car accident claim, please contact us to schedule a complimentary consultation.
Guiding Clients Through The Post Accident Process
One of the first questions our clients ask is, what should I do if I’ve been in a car accident?
Your first priority after a car accident is to seek medical attention.
When you have been injured in a motor vehicle crash, the first thing to do is get proper medical attention, even if your injuries do not seem serious. What seems like “minor” neck pain could really be a spinal cord injury that eventually results in partial paralysis if not treated correctly.
Prompt medical attention is also important because it fully documents your medical condition and the extent of your injuries. This can prove to be extremely valuable evidence in the event you decide to pursue a personal injury claim.
Your next step is to file a claim for insurance benefits to recover for your injuries.
During this stressful time, it is difficult to understand the complicated New York insurance laws and regulations, particularly those involving No-Fault benefits. However, a claim for No-Fault benefits MUST BE FILED WITHIN 30 DAYS of the accident or potential benefits can be reduced or lost. Our attorneys at Lozner & Mastropietro are here to help guide you through the complex insurance process.
You must determine if your crash was the result of another’s negligence.
If you suffered serious injuries in a motor vehicle crash or lost the support of a loved one as a result of a fatal car accident caused by another’s negligence, you may be entitled to a personal injury or wrongful death claim. In New York State, a car accident victim may recover for injuries even if he or she was partially at fault for the accident.
Our lawyers will pursue legal action to recover the compensation to which you are entitled. We will file the personal injury lawsuit against the responsible parties for financial losses such as medical bills and lost wages not covered by No-Fault, Uninsured Motorist or Underinsured Motorist coverage; pain and suffering; projected life-care costs and possibly more.
Put Our Experience In Your Corner
In New York State, a person must prove two main issues to a judge or a jury in any car or motor vehicle accident claim:
- Liability – It must be shown that the negligent party was at least partially at fault for the accident.
- Injury or Damages – The full injury or value of the claim must also be demonstrated. This may require the use of expert analysis and medical testimony that can attest to the severity of the injuries and the extent of financial and emotional losses suffered.
At Lozner & Mastropietro, our Brooklyn trial attorneys have the resources and experience to see that our clients recover full compensation for injuries due to car or other motor vehicle accidents. We are dedicated to helping victims of automobile and motor vehicle accidents recover full compensation for their injuries. If you or a loved one has been injured as a result of an automobile or motor vehicle accident, or you simply need more information, please call us at 917-920-9431 or use our online contact form to schedule a free consultation.
Frequently Asked Questions on Motor Vehicle Accidents
What should I do if I am in an accident?
Most importantly, report all accidents, even minor ones, to the police. Write down names, addresses and phone numbers of any witnesses in case you need them later, and make sure the police officer gives you a copy of the driver exchange information form. Call your insurance agent and your insurance company for further instructions. If you do not report the accident, the insurance company may deny payment of any claims you file later. Contact an attorney BEFORE YOU CALL YOUR INSURANCE COMPANY if you have questions about your legal rights.
If the accident is not my fault, do I have to let my own insurance company know about it, and if I do will they raise my insurance premiums?
Yes you should contact your insurance company, but they should not raise your premium if the accident was not your fault. New York is a No-Fault automobile accident state. It means that your automobile insurance company is required to pay for your medical expenses up to a certain amount, depending on the pol
Have I sustained a “serious injury” under New York State Law?
The answer to this and other questions are often complex and require an attorney to deal with an insurance company or court in an effort to show that the injuries sustained are “serious.” Because the legislature has left this ambiguous, the courts have attempted to define all these terms through their court rulings. To decide what constitutes a “serious injury,” attorneys and insurance companies examine medical records, often with the use of expert witnesses who themselves are medical doctors. For instance, your attorney will typically request an affidavit from a doctor or present your medical records to prove that you have sustained a “serious injury.”
Are there circumstances under which I might not be able to pursue a personal injury claim in court?
Yes. If any of the following apply to your accident, then you may not be able to seek compensation under New York State law, section 5103.
- You intentionally caused your own injury.
- You operated a motor vehicle while in an intoxicated condition or while your ability to operate the vehicle was impaired by the use of a drug within the meaning of section 1192 of the vehicle and traffic law.
- You were injured while: a) committing an act that would constitute a felony, or seeking to avoid lawful apprehension or arrest by a law enforcement officer, or b) operating a motor vehicle in a race or speed test, or c) operating or occupying a motor vehicle known to be stolen, or d) repairing, servicing or otherwise maintaining a motor vehicle if such conduct is within the course of a business of repairing, servicing or otherwise maintaining a motor vehicle and the injury occurs on the business premises.
- Your injury does not meet any of the requirements under New York State law.