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No matter how safe a driver you are, you can still be hurt in a car accident. Careless motorists are responsible for thousands of crashes each year. In fact, in Nassau County alone, 1,700 crashes were reported in 2023, which resulted in 71 injuries and 20 fatalities.
If another driver causes a collision, you may be able to file a lawsuit against them and their insurance company. Through a personal injury claim, you can recover financial compensation for your medical bills, property damage, pain and suffering, and other losses. Based in Melville, The Odierno Law Firm represents accident victims throughout Long Island. For each case, we put together the strongest possible claim – and never charge a fee unless we recover money for you. To learn more, reach out to our law office to schedule a free initial consultation with a member of our team.
Why Do You Need a Lawyer After a Car Accident in Hempstead?
In the aftermath of the accident, you may be approached by an insurance adjuster. They may tell you that they accept full responsibility for the crash and ask you to sign documents. They may even offer you a settlement.
In almost every case, the settlement offer will be for far less than the true value of your claim. The goal of the insurance company is not to make sure that you get top dollar for your injuries. Instead, they want to pay you as little as possible to maximize their own profits.
For this reason, it is critical that you reach out to an experienced Hempstead car accident lawyer as soon as possible after your wreck. Your attorney will take over all communications with the insurance company on your behalf. They will also ensure that you don’t sign anything or give a statement that could damage your case.
The sooner you talk to a car accident attorney, the faster they can get the case started and get you the money that you deserve. Most personal injury lawyers offer free initial consultations and handle cases on a contingency fee basis. This means that you won’t pay anything upfront, and will only pay attorney’s fees if they recover money for you. There is no risk to consulting with an attorney – and potentially a lot to gain.
Why Choose the Hempstead Car Accident Lawyers at The Odierno Law Firm?
At The Odierno Law Firm, we have more than 150 years of combined legal experience in New York personal injury law. We offer skilled, compassionate representation to accident victims throughout Long Island. For each case, we work hard to help our clients get the best possible outcome, and we have recovered more than $200 million for individuals and families who have suffered from devastating collisions.
What Can Our Team Do For You?
Our Hempstead car accident lawyers handle every step of your case, from thoroughly investigating the accident and gathering essential evidence to preparing and submitting claims. We negotiate with insurance companies on your behalf and pursue additional compensation when your injuries or losses exceed insurance limits. Throughout the process, we guide you with clear advice and support, so you can focus on your recovery while we fight for the best possible outcome.
Types of Car Accident Cases We Handle
Our firm has served Hempstead and the surrounding communities for nearly half a century. Over the years, we’ve encountered practically every type of car accident imaginable. A few of the more common scenarios in which we successfully represent our clients include:
- Distracted driving, including texting and driving
- Drunk driving
- Reckless driving, including speeding
- Head-on and rear-end collisions
- Hit-and-run accidents
Call (631) 651-6246 Today to Schedule Your Free Case Review
Understanding Compensation After a Car Crash in Hempstead
New York is a no-fault state, which means each driver’s own personal injury protection (PIP) coverage generally pays for their medical expenses and other accident-related costs, regardless of who caused the crash.
PIP coverage has limits. It typically only covers losses up to the state-required minimum of $50,000. If a car accident results in serious injuries—such as death, permanent disability, broken bones, significant disfigurement, or injuries that prevent a person from performing most of their usual daily activities for at least 90 of the first 180 days—victims may have the right to pursue additional compensation through a personal injury lawsuit. In these cases, or when basic economic losses exceed $50,000, fault is considered to determine which party is liable for damages beyond PIP coverage.
Types of Damages You Can Recover
Damages you can pursue in a car accident claim fall into two categories: economic and non-economic.
Economic damages may include money for direct financial losses, such as:
- Medical bills
- Property damage
- Future medical expenses
- Lost wages
- Reduced earning capacity
Non-economic damages compensate you for intangible losses, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring
- Disfigurement
What to Expect During Your Hempstead Car Accident Case
The process of getting a car accident settlement starts with a free initial consultation with our Hempstead car accident law firm. During this appointment, one of our attorneys will listen to your story and offer you legal advice about your options for filing a claim.
If we take on your case, your attorney will begin an investigation into the facts, interviewing witnesses, collecting accident reports and medical records, and reviewing photos and videos of the accident scene. At the same time, they will research New York law to put together a legal argument for damages.
Next, your lawyer will draft a demand letter and send it to the insurance company. A demand letter lays out the facts of the case, the legal reason that their insured is liable, and makes a demand for compensation. Insurance companies usually respond to a demand letter with a counteroffer, beginning the negotiation process.
In most cases, we are able to reach a fair settlement agreement outside of court, however, it is sometimes necessary to file a lawsuit to put pressure on the insurance company and to continue the negotiation process. This often happens when the insurer refuses to offer fair compensation for an accident victim’s injuries.
Throughout the process, your attorney will keep you updated and bring all settlement offers to you. Depending on the facts of your case and whether liability is contested, you may receive a settlement check within a matter of months. In other situations, it may take a year or longer to resolve your claim.
The Reaction Point
Every case has its variables, including negligence, evidence, medical complexity, and stakes. The Odierno Law Firm acts as the reagent that brings these elements together and sets the reaction in motion. The result is the outcome we aim for, a favorable verdict or settlement for our clients.
What to Do After a Hempstead Car Crash
Though thousands of car accidents occur every day, they can easily become a traumatic and life-changing event for everyone involved. While you may not be able to prevent a serious injury, there are actions you can take to prevent your injuries from becoming worse. Doing so will also protect your right to a claim and maximize your chances of receiving a fair settlement in the weeks or months to come:
- If there are serious injuries, call 911 and get to safety.
- If there are no obvious injuries, it’s still essential that you receive a medical evaluation and keep detailed records of the results.
- Exchange insurance and contact information with the driver and any witnesses who may have seen the accident take place.
- If safe to do so, take pictures of the accident site, focusing on injuries, traffic conditions, and damage to the vehicle.
- Contact your insurance to file a PIP claim. If the damages exceed your coverage limits or you have suffered serious injuries, contact us for a free consultation. We can help advise you on other options to receive compensation.
Hempstead Car Accident Lawyers: FAQs
What if I Was Partially At Fault for the Accident?
As mentioned, New York is a no-fault state, so unless the damages exceed your PIP coverage, it doesn’t matter who is at fault. Even in cases where there are significant damages, if you are found partially liable, you still have the right to compensation as long as you are found less than 50% at fault. If this happens, your settlement amount will be reduced based on the percentage of fault. For example, if you are found 30% responsible for the accident, your settlement will be reduced by 30%.
How Long Does it Take to Settle a Car Accident Claim?
It can take as long as a year or more to settle your claim or as little as a few weeks, depending on how severe your injuries are, the level of available supporting evidence, and the complexity of your case.
How Much Is My Hempstead Car Accident Case Worth?
The value of any car accident claim depends on a number of factors, including the defendant’s insurance policy limits, whether liability is clear, and the severity of the injuries. For example, a person who suffered spinal cord injuries in a car crash will usually recover more than a person who had a broken bone and expects to fully recover within a month or so.
Can I File a Claim if I Was a Passenger?
Yes, and in fact, it is often less difficult for passengers to recover compensation for their injuries because they typically are not held liable for the accident. This is done through your own PIP or, in more serious car accident cases, the at-fault driver’s insurance.
How Long Do I Have to File a Car Accident Claim in Hempstead?
The statute of limitations for personal injury claims in New York is three years. With a few exceptions, this means that you have three years from the date of your car accident to file a lawsuit against the at-fault party and their insurance company. If you fail to do so, then your claim will be barred.
Schedule Your Free Consultation With a Hempstead Car Accident Lawyer
Dealing with a car accident claim can be exceptionally stressful and challenging to handle on your own, especially if you are already dealing with severe injuries, medical debt, and insurance that’s unwilling to play fair.
We can help. In our nearly five decades of service, our Hempstead car accident lawyers have handled hundreds of car accident cases, resulting in millions on behalf of our clients. Contact The Odierno Firm today to learn how we can help you get the settlement you deserve.
