Being involved in a car accident can be a traumatic and life-changing experience. The physical pain and suffering are one thing, but the legal and financial complications that usually come with car accidents aren’t especially fun to deal with either.

If you’ve been involved in a car accident, Nassau car accident attorneys can help. Our car accident lawyers can help you navigate the complexities of personal injury laws. We’ll also make sure that you receive the compensation you deserve.

In this article, we’ll be discussing the importance of hiring a car accident lawyer. We simply want to help you gain a better understanding of the personal injury laws in Nassau County. Car accidents are a big problem in New York City, after all, so you’ve got to know the ropes and understand your rights. Let’s get started!

Understanding Personal Injury Laws in Nassau County

Personal injury laws in Nassau County are designed to protect victims of car accidents. These laws can be quite complicated, and they can differ from one jurisdiction to another. A car accident lawyer in Nassau County will have a deep understanding of statutes of limitations, negligence, and liability issues.

If you’re feeling overwhelmed about the process of filing a claim, negotiating a settlement, or even going to court, that’s totally understandable. However, there’s no need to worry — Nassau County’s personal injury lawyers are here to help! Let’s take a deeper look at personal injury laws in Nassau County below:

Statute of Limitations

The statute of limitations is an important aspect of personal injury law. In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident.

However, there are exceptions. For example, in cases involving minors, the statute of limitations does not begin to run until the victim turns 18. For cases involving government entities, you’ll usually have one year and 90 days to file a personal injury lawsuit.

Negligence and Liability

Proving negligence is also incredibly important when it comes to car accident cases. In Nassau County (as in the rest of New York), you must show that the other driver owed you a “duty of care” and breached that duty. If you’ve sustained injuries because of a car accident, this is especially important.

Comparative negligence rules apply, however. This means that if you were partially at fault, your compensation might be reduced. An experienced car accident lawyer will be able to gather evidence in order to establish the other party’s negligence and minimize your own liability.

Damages

Damages in a car accident case can be both economic and non-economic. Economic damages usually include medical expenses, lost wages, and property damage. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life due to the accident.

A car accident attorney will calculate the full extent of your damages. The reason for this is that they want to make sure that you receive appropriate compensation for all of your losses (medical bills, damage to your car, etc.).

What Steps Should I Take After Being Involved in a Car Accident in Nassau?

If you’ve recently been involved in a car accident, you might feel scared and overwhelmed. There are some steps you can take, though, which are as follows:

Stay Safe

If possible, move to a safe location and check yourself for injuries. If you or anyone else is injured, call for help immediately.

Call 911

Report the accident and request medical assistance if necessary. The police report will serve as an important piece of evidence in your case, so make sure to give the responding officers detailed (and accurate) information.

Gather Information

Exchange contact and insurance information with the other driver(s) involved. You should collect the names, phone numbers, and addresses of any witnesses, too. Your lawyer will find this information very helpful during the investigation process.

Document the Scene

Take photos of the accident scene, any damage to your vehicle, and the injuries that you’ve sustained (if applicable). By documenting the scene thoroughly, you’ll be providing your lawyer with valuable evidence to support your claim.

Seek Medical Attention

Even if you feel totally fine, you should get a medical evaluation after a car accident. Some injuries (like internal bleeding) won’t be apparent right away.

Get a Copy of the Police Report

Once again, the police report will be a very helpful piece of evidence in your case. You should request a copy as soon as possible after the accident.

Contact a Car Accident Lawyer

Talk about your options with a car accident lawyer. They will be able to guide you through this stressful process, protect your rights, and help you pursue the compensation you’re entitled to.

The Importance of Hiring a Car Accident Lawyer

Let’s take a closer look at why hiring a car accident lawyer after you’ve been involved in a car accident is so important below:

Expertise

This probably goes without saying, but car accident lawyers are extremely well-versed when it comes to personal injury law. They understand the legal jargon, procedural rules, and the tactics that insurance companies use to minimize payouts.

By hiring a car accident lawyer, you’ll be able to make sure that all legal documents are filed correctly (and within the statute of limitations). A good lawyer will also be able to anticipate potential challenges and come up with a strategy so that you get the most favorable outcome.

Negotiation Skills

Negotiating with insurance companies certainly isn’t the easiest thing in the world. Insurers often employ adjusters (whose job is to settle claims for as little as possible). Thankfully, an experienced car accident lawyer will know how to counter these tactics.

Your lawyer will gather all of the necessary evidence (including medical records and accident reports) to build a strong case. They can also bring in expert witnesses if needed. By doing so, they’ll be putting pressure on the insurance company to offer a fair settlement.

Emotional Support

The aftermath of a car accident can be emotionally draining, to say the least. A compassionate lawyer can provide you with the support you need and guide you through the complicated legal process. Since a professional will be handling your case, you’ll be able to focus on healing — both mentally and physically.

Finding the Right Car Accident Lawyer in Nassau County

Finding the right car accident lawyer can make a huge difference. Not only will justice be served, but you’ll most likely receive the compensation you deserve if you decide to work with a car accident lawyer. When it comes to finding a qualified attorney, we’d recommend following these tips:

Experience

You should look for a lawyer with extensive experience in handling car accident cases. An experienced attorney will have a proven track record of success, so make sure to check the reviews listed on their website.

Reputation

Again, it’s super important to check reviews and ask for recommendations from your friends or family members. Positive reviews, in particular, are usually a sign that a car accident lawyer is both effective and reliable. You should also make sure that the lawyer actually specializes in personal injury and car accident law.

Communication

Choose a lawyer who communicates clearly and keeps you informed throughout the entire process. Your lawyer is there to provide you with peace of mind — so make sure that they’re keeping you in the loop no matter what.

Willingness to Litigate

While most car accident cases are settled outside of court, some may require litigation. When hiring a car accident lawyer, make sure that they’re willing and prepared to take your case to trial if necessary.

Determining Liability for the Car Accident

You may be wondering why liability is so important when it comes to car accident cases. In Nassau County, liability is typically based on negligence. This means that the driver who failed to exercise reasonable care is (usually) found to be at fault.

The driver who’s at fault for the car accident will be legally responsible for any damages and injuries that resulted from the crash. Of course, in some cases, you might be partially at fault. As mentioned previously, this might mean that you’ll be responsible for some of the damages.

The Role of Negligence

In a nutshell, negligence is the failure to act with the level of care that a reasonable person would have exercised under the same circumstances. To establish negligence in a car accident case, you must be able to prove the following:

  • Duty of Care: The other driver had a legal obligation to exercise reasonable care.
  • Breach of Duty: The other driver breached that duty through their actions (or inactions).
  • Causation: The breach of duty directly caused the accident and your injuries.
  • Damages: You suffered actual damages (e.g., medical bills, lost wages, pain and suffering) as a result of the accident.

Comparative Negligence

New York follows a comparative negligence rule. We’ve already talked a bit about this, but it’s important — and worth discussing in detail. Basically, if you are found to be partially at fault for a car accident, your compensation will be reduced by your percentage of fault.

Don’t worry, though, because a car accident lawyer will do what they can to minimize your percentage of fault and maximize your compensation. Let’s talk a bit more about how to prove fault when it comes to car accident cases next.

How to Prove Fault in a Car Accident in Nassau County

Proving fault in a car accident involves gathering and presenting evidence that shows the other party’s negligence. Here are some ways to prove fault in a car accident case:

Police Reports

Police reports usually contain valuable information about the accident and the officers’ opinions on who was at fault. These reports can also include details like weather conditions, traffic violations, and statements from witnesses.

Witness Statements

Witness statements can be more helpful than you might think. This is because witnesses can provide unbiased accounts of the accident. If their story matches up with yours, it’ll make your case a lot stronger.

Traffic Camera Footage

Video evidence can be incredibly compelling when it comes to proving fault. Traffic cameras, dash cams, and surveillance cameras can capture the moments leading up to the accident. Cameras can also, of course, provide objective proof of what actually happened.

Negotiating with Insurance Companies

Insurance companies are businesses. Naturally, their main goal is to minimize payouts. This is why negotiating with insurance companies can be challenging. Oftentimes, they’ll try to take advantage of you because you (probably) won’t be in the right head-space after a car accident.

As we mentioned before, a car accident lawyer shouldn’t have any trouble handling these negotiations on your behalf. They will use video evidence, medical records, witness statements, and more to build the strongest case possible. Here’s a breakdown of how your lawyer will negotiate with insurance companies:

Prepare a Demand Letter

A demand letter basically outlines your claim. It will include the details of the accident, your injuries, and the compensation you’re looking to receive. A well-written demand letter that’s supported by evidence can be very helpful when it comes to negotiating with insurance companies.

Counter Lowball Offers

Insurance companies usually start with low settlement offers. Your lawyer will counter these offers with a detailed explanation of why they are insufficient. They will do all they can to fight for a fair settlement that covers all of your damages.

Mediation and Arbitration

If negotiations stall, your lawyer may suggest mediation or arbitration. These dispute resolution methods can help reach a settlement without going to court. In mediation, a neutral third party facilitates negotiations. In arbitration, an arbitrator hears both sides and makes a binding decision.

File a Lawsuit if Necessary

If negotiations with the insurance company fail, it may become necessary to file a lawsuit. This isn’t ideal, but, sometimes, it’s the only way to get the compensation you’re entitled to. A car accident lawyer will guide you through this process and represent you in court.

Draft the Complaint

The “complaint” is the formal document that initiates the lawsuit. It outlines your legal claims, the facts of the case, and the damages you’re seeking. Your lawyer will be responsible for drafting a complaint that clearly presents your case.

Discovery Process

During the discovery process, both sides exchange information and evidence. Your lawyer will manage this process. Usually, it includes gathering evidence to support your claims. Sometimes, it will involve interrogations and asking for documentation.

Trial Preparation

If your case goes to trial, your lawyer will prepare by coming up with a trial strategy. They will also choose witnesses, and gather as much evidence as they can to make your case stronger.

How to Choose the Right Car Accident Lawyer in Nassau

Once again, choosing the right car accident lawyer will involve:

  • Looking for a lawyer with a proven track record in dealing with car accident cases. Experience matters more than you might think. The more experience a lawyer has, the more likely it is that they’ll be able to win your case for you.
  • Checking online reviews and asking for references from people you know — especially those who have been in similar situations.
  • Making sure that the lawyer you choose to hire is attentive to your needs and communicates well. You should feel confident that your lawyer is genuinely invested in your case and available to answer your questions.
  • Understanding your lawyer’s fee structure (i.e. whether it’s a contingency fee or hourly rate). A contingency fee arrangement, where your lawyer only gets paid if you win, is more common in personal injury cases. Make sure you’re comfortable with the terms before moving forward.

Do I Have a Valid Case for Seeking Legal Representation After a Car Accident in Nassau?

Are you wondering whether you have a valid case for seeking legal representation? Here’s what you should take into consideration:

Severity of Injuries

First of all, if you’ve suffered major injuries, you likely have a valid case. The reason for this is that serious injuries often result in medical bills (not to mention a whole lot of pain and suffering). This definitely warrants taking legal action.

Clear Liability

If it’s evident that the other party was at fault, you’ll have a stronger case. If you have clear evidence of the other driver’s negligence, this will support your claim for compensation.

Insurance Company Dispute

If the insurance company is disputing your claim or offering a low settlement, you should definitely hire legal representation.

Can a Car Accident Lawyer Help Me Receive Compensation for My Injuries?

Yes, a car accident lawyer can help you receive compensation for your injuries. They will work to make sure you are compensated for:

  • Medical Bills: Current and future medical expenses related to the accident. This includes hospital bills, surgeries, rehabilitation, and any ongoing treatments.
  • Lost Wages: Compensation for time off work because of your injuries. If your injuries affect your ability to work in the future, you may also be entitled to compensation.
  • Pain and Suffering: Non-economic damages for physical and emotional distress. These damages compensate you for the pain, suffering, and reduced quality of life resulting from the accident.
  • Property Damage: Repair or replacement costs for your vehicle. If your car was damaged or totaled in the accident, you should be compensated.

What Is the Average Cost of Hiring a Car Accident Lawyer in Nassau County?

The cost of hiring a car accident lawyer in Nassau County can honestly vary. Most lawyers work on a contingency fee basis, meaning they only get paid if you win your case. It’s impossible to determine the exact cost (since it depends on a number of different factors), but here’s what the cost breakdown might look like:

Contingency Fees

Contingency fees align the lawyer’s interests with yours. Once again, they only get paid if you win your case and recover compensation. This arrangement makes legal representation a lot more accessible to those who can’t afford hourly legal fees.

Other Costs

Along with the contingency fee, there may be other costs associated with your case (such as filing fees and expert witness fees). You should talk about these potential expenses with your lawyer upfront. That way, you’ll be able to understand the full financial commitment you’re making before jumping into this process.

Final Thoughts

With the right car accident lawyer by your side, you’ll be able to make sure that your rights are protected and that you receive the compensation you’re entitled to. Now that you have a deeper understanding of the importance of legal representation (as well as how personal injury laws work), you’ll be able to make an informed decision when hiring a car accident lawyer in Nassau County. Contact Duffy & Duffy today to schedule a free consultation!