Car Accident Attorney in Long Island: Liability
Liability in a Car Accident Claim in Long Island
Even with just minor injuries or damages, it's never a good day to
get into an auto accident. In cases of more
serious injuries, and facing lost wages because you can't work, or hiring others to
help you because you can't perform your normal duties, you will no
doubt be experiencing much more stress and emotional turmoil, as well
as facing the pain of the injuries. It can be overwhelming trying to cope.
If your injuries and damages were caused by the
negligence of another, then you deserve to be compensated by that party. It is advised
that you consult with a Long Island car accident lawyer in such a case.
Dealing with insurance companies on your own can be very stressful –
and dismaying. You will want a knowledgeable attorney who knows how to
deal with insurance companies, and is ready to stand up to them to protect
your rights, and who will fight hard to get you the compensation you deserve.
When you are seeking damages from another party, it will be up to you to
prove the other party was responsible. This is where a skilled lawyer
can be of great help. Your Long Island auto accident lawyer will conduct
a thorough investigation into the facts to discover evidence and any witnesses
that will support your claim. In some cases, these investigations can
be simple, while in others, establishing liability can be highly complex.
As New York is a no-fault state, it will not matter who caused the car
accident when it comes to your insurance company paying your medical bills
and lost wages. If you did not sustain a serious injury, then your carrier
will pay those expenses, usually up to $50,000 per person. Even then,
you can find yourself not being offered far less than this amount, or
that you deserve, based upon the damages you suffered.
When Another Person is at Fault
If you were seriously injured, then the matter of liability becomes a critical
issue. If another party is at fault, whether that party is another driver,
a passenger in your car, or when the accident was caused by a defective
car part, system or design, then that party should be held responsible
for your pain and suffering. A serious injury is essentially any physical
injury, medically validated, that stops the victim from being able to
perform his usual physical activities for a minimum of three months following
the accident. If you were in an auto accident and sustained serious injury,
and the other party was at least partially at fault, then you can seek
compensation from the other party proportionate to the amount of negligence
the other driver had for the accident.
For example, if the other party is determined to be 20%, 50%, or 100% negligent,
then they have to pay you that same proportionate amount for your losses.
But you would have to prove that the other party is at least partially,
if not fully, liable. An experienced Long Island auto accident attorney
from our firm knows how to properly investigate
car accidents in order to establish fault. In some cases, it was not a driver that was
at fault. A case could revolve around automobile defects that caused or
contributed to a crash. The liable parties could include the manufacturer
of the car, vendor, distributor, car dealership, repair shop, or wholesaler.
An injury case could be related to faulty brakes, defective tires, a defective
airbag, or possibly a malfunctioning seat belt that caused an injury,
or a design flaw that made the vehicle unsafe under certain conditions.
Whatever or whoever is at fault for a car accident, a proper, thorough
liability investigation is a critical point in getting fair and full compensation
in a settlement or verdict. The legal team at The Odierno Law Firm, P.C.
has 40 years of experience of aggressively pursuing full compensation
from all negligent parties. We are determined to protect our clients'
rights and help them recover compensation through a settlement, or in
a verdict in civil court. For more information,
contact us today.