Car Accident Lawyer in Long Island

Helping Accident Victims Secure Fair Compensation

Most people will experience a car accident at some point in their lives. Fortunately, these are often minor — frequently resulting in nothing more than negligible vehicle damage. However, not everyone is this lucky. Some auto accidents result in serious injuries that can sometimes take years to recover from. What makes these situations worse is when another party’s wrongful acts lead to such injuries. If you or a loved one have been harmed in such a situation, a car accident lawyer in Long Island may be able to help.

At The Law Offices of Elke E. Mirabella, PC, our personal injury law firm is committed to securing favorable client outcomes. We treat every person we represent like family — because we’ve seen what can happen when injury victims don’t have support. Without knowledgeable legal representation, people often find themselves receiving less financial compensation than what they’re entitled to. This can leave victims facing medical bills, lost wages, and ongoing healthcare expenses on their own. Don’t let this happen to you.

Our Long Island car accident lawyers are here to help. Contact us today for a free consultation.

Do You Have a Valid Personal Injury Case?

In nearly all car accident cases, injured victims begin by asking, “Do I have a valid lawsuit?” This can be a complicated question, and its answer will depend upon the unique circumstances of your claim. However, most of these cases are resolved through settlement negotiations rather than a personal injury lawsuit. That’s because an insurance company will typically try to avoid litigation that could cost them even more. Still, it’s necessary to show that the elements of a successful lawsuit exist. These elements rely upon establishing liability, which depends on proving the following:

Duty of Care

Before you can secure financial compensation, it must first be shown that the other party has a duty of care. This means they had a responsibility to avoid actions that could cause harm to others. This is often easy to establish in many car accidents — since all motorists have a responsibility to drive safely.

Violation of Duty

To recover compensation, it’s also necessary to show that a duty of care was violated. For instance, a negligent driver could violate their duty of care by speeding or changing lanes unsafely. The driver’s negligence — or other wrongful acts — must be established in all personal injury lawsuits.

Harm Causation

People violate duties of care every day. Anytime you see someone speeding, they’re violating their duty of care. However, this only leads to liability when harm results from their actions. For instance, a car collision that results in medical bills and significant pain and suffering would meet this threshold.

What Damages Are Car Accident Victims Entitled To?

If you’ve suffered car crash-related injuries, you may be entitled to a variety of damages. This is true whether you’re seeking reimbursement for medical expenses or filing a wrongful death lawsuit after losing a loved one. A Long Island car accident lawyer can help you better understand what compensation you may be eligible for, and it typically falls into one of three categories:

Economic Damages

Following a car accident, most damages awarded are economic in nature. These are meant to reimburse injury victims for real monetary losses. This could include property damage, lost income, medical bills, therapy costs, transportation costs, future medical bills, and more.

Non-economic Damages

Personal injury lawyers are also often able to secure non-economic damages for their clients. These are for losses that are not monetary in nature. Perhaps you’re suffering pain and suffering stemming from severe injuries, or maybe you’ve lost enjoyment in life due to an inability to do the things you love. The at-fault driver may have to provide financial compensation for these intangible losses.

Punitive Damages

An insurance adjuster may be quick to make a settlement offer if they believe punitive damages are possible. Rather than reimbursing injury victims for losses, this form of compensation is meant to punish the negligent party for their actions.

Due to New York’s no-fault laws, however, the injuries suffered must have been severe enough to seek any financial recovery from the at-fault driver. Therefore, it’s important to work with a Long Island car accident lawyer to understand your options under the law.

Is There a Statute of Limitations for New York Car Accidents?

If you or a loved one have a valid Long Island car accident case, it’s important to file a claim in a timely manner. That’s because there is a statute of limitations for submitting your case. The statute of limitations for car accident cases in New York is three years. Failing to file before this deadline can forfeit your ability to engage in litigation against liable parties and their insurance company. You’ll likely also be unable to seek compensation from the insurer — because they have very little incentive to offer a fair settlement without the threat of litigation.

However, it’s important to note that there are some exceptions to this statute of limitations. Experienced car accident attorneys in Long Island can review your case to see if you qualify. However, such exceptions are rare. This is why you should act quickly following any injuries stemming from a car crash. This will ensure you have leverage over insurance companies who may want to avoid paying maximum compensation on your car accident claim. And if adjusters refuse to properly compensate you, you’ll reserve the right to seek compensation in court.

Under New York law, you can also seek compensation from your own insurance provider — but the deadline to do this is even sooner. Additionally, this insurance claim is not meant to compensate for extreme losses due to severe injuries. Therefore, it’s critical for you to understand how to move forward. An experienced car accident attorney in Long Island may be able to help.

Contact a Long Island Car Accident Lawyer Today

Personal injury claims are very often complicated. Even if liability in an auto collision seems straightforward, it’s important to understand that the courts may not see it this way. And when you combine all the other common hurdles of auto accident cases, it’s easy to see how injury victims frequently get results that are less than favorable. Fortunately, you don’t have to deal with car accident injuries and other difficulties on your own. With an experienced legal team on your side, it’s possible to secure substantial compensation.

At The Law Offices of Elke E. Mirabella, PC, you’ll work with a legal team that’s committed to representing your best interests. While there are other motor vehicle accident attorneys out there, the simple fact is that none have the reputation we’ve secured for client advocacy. That’s because our clients are more than just a number — and our goal is to get fair compensation rather than just rush into a settlement. Whether you suffered severe spinal cord injuries or something less serious, our law firm is here to make sure you have dedicated representation.

Contact us at (631) 557-6127 today to schedule your free consultation.