Injured in a Car Accident?

Accident Attorney in ny: 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 lawyer in such a case. Dealing with insurance companies for car accidents 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 more than 150 years of combined experience 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.

We Have Recovered OVER 100 MILLION DOLLARS

  • $1.2 Million Dollar Settlement

    Facts: Plaintiff was driving his motor vehicle straight when defendant, who was legally drunk, crossed over a divider and struck the plaintiff's car head on. Plaintiff was the only occupant in the car and died instantly. Plaintiff had dependent wife and teenage son.

  • $1.6 Million Dollar Settlement

    Plaintiff is a 50 year old man who was doing repair work on a residential residence in Suffolk County. He was on a ladder when several bricks in the patio supporting the ladder gave way causing him to fall to the ground. The homeowner was negligent due to the improper construction and maintenance of the brick patio. Plaintiff suffered injuries to his pelvis, back, neck and legs and is disabled from future work.

  • $850,000 Mediated Settlement

    Facts: Plaintiff is a 65 year old male driving his motor vehicle at approximately 3:00 a.m. when a tour bus pulled out from a parking lot. Plaintiff was driving straight and struck the middle of the tour bus on the driver's side. Defendant claimed that he was stopped in the roadway waiting to make a left hand turn and plaintiff had ample to see the tour bus and avoid a collision.

    Defendant additionally argued the reflectors on the side of the bus would make the bus clearly visible and that plaintiff was fatigued from work. Plaintiff suffered broken ribs and a fractured hip requiring an open reduction and necessitating plaintiff walk with the assistance of a cane.

  • $600,000 Trial Verdict

    Facts: Plaintiff is a 38 year old livery cab driver. He parked his car at the end of his shift in the dispatch garage and was walking to the office. Another car entered the garage at an unreasonable speed and skidded on oil that was left pooling by the owner of the garage. The car pinned plaintiff up against the garage wall breaking his left tibia and fibula and causing him to suffer permanent limp.

    Defendants claimed there was a safe egress from the garage and plaintiff was responsible for putting himself in harm's way. Additionally, defendants submitted surveillance video of plaintiff participating in recreational sports.

  • $555,000 Mediated Settlement

    Plaintiff is a 33 year old man who was riding his bicycle through an intersection when he was struck by a motor vehicle and injured his left knee. Plaintiff suffered a torn ACL requiring surgery an extensive rehabilitation. Plaintiff's injury resulted in a 1 inch atrophy of the left quadriceps muscle. Defendant claimed his motor vehicle was stopped at a red light when plaintiff rode off the sidewalk and struck the right front quarter panel of the vehicle.

  • $395,000 Settlement at Jury Selection

    Plaintiff is a seventy year old woman that slipped on ice in her apartment complex owned by the New York City Housing Authority. She suffered a bimalleolar fracture with an avulsion fracture of the medial malleolus requiring an open reduction and insertion of hardware. Defendant claimed they did not have ample opportunity to remove the snow and ice since it had snowed over two feet in the twenty four hours before the accident. Through discovery and further investigation it was revealed that an employee of the defendant was directed to remove the snow and ice from the subject area, but refused his assignment. The area in question, therefore, remained untended for an unreasonably long period of time.

  • $390,000 Mediated Settlement

    Plaintiff, a 38 year old female was involved in a motor vehicle accident in Suffolk County. Plaintiff underwent surgery consisting of a mini-open retro-peritoneal exposure of the lumbar spine with an anterior lumbar interbody decompression and fusion; partial vertebral corpectomy and a lumbar implant L5-S1. Defendant argued that the impact and damage to the motor vehicle was not significant and that plaintiff had a prior accident resulting in her undergoing MRI’s evidencing significant lumbar injuries.

  • $350,000 Trial Verdict

    Facts: Plaintiff is a 33 year old male driving his motorcycle straight when the defendant attempted to make a right turn and struck the side of plaintiff's motorcycle. Defendant claimed he followed a turn arrow and that the plaintiff rode through a steady red light. Defendant also claimed that according to plaintiff's own doctors he made an excellent recovery and suffered no restrictions.

    Plaintiff suffered a fracture of his right tibia and fibula requiring surgery. Defendant was found to be 100% liable at trial and offered a $100,000 settlement. Plaintiff refused the offer and obtained a jury verdict.

  • $300,000 Settlement During Trial

    Facts: The plaintiff is a 38 year old male who was stopped in traffic when his vehicle was struck in the rear by another car. Plaintiff was awarded summary judgment on liability and the matter proceeded to trial on damages. The plaintiff suffered a lumbar herniated disc requiring a fusion and laminectomy.

    Defendant claimed that the plaintiff's injury was not related to the accident as he suffers from severe Ehlers Danlos syndrome. Defendant also obtained surveillance footage of plaintiff working at a construction site carrying various heavy objects. Case settled after jury selection and before opening statements.

  • $295,000 Mediated Settlement

    Facts: Plaintiff is a 43 year old women who was driving her motor vehicle which was struck in the rear by another car. Plaintiff suffered thoracic and lumbar herniated discs requiring a posterolateral spinal fusion at T11 – L2, segmental pedicle fixation at T11-L2 and an iliac crest bone graft. Defendant conceded liability but claimed the injury was degenerative as there was no visible damage to the motor vehicle plaintiff was operating.

WHAT OUR CLIENTS ARE SAYING ABOUT US

  • The Odierno Law Firm is the most professional law office I have ever dealt with.

    “The Odierno Law Firm is the most professional law office I have ever dealt with. All calls are returned in a timely manner. The attorneys are very knowledgeable. And I would highly recommend this Law Firm to anyone who is looking for complete professionalism.”

    M.D.

  • I highly recommend this law firm!!

    “The whole staff is completely heart warming!! After my accident they came to my house to talk to me cause my mobility wouldn't let me go to them They constantly call and email to see how I'm doing. I highly recommend this law firm!!”

    J.S.

  • I can give no better recommendation then The Odierno Law Firm; my trusted advisers and the lawyers I can count on.

    “As a small business owner, it is imperative that I surround myself with a team of people that can help me lead from the front. O2 law allows me the peace of mind to know that I have professional and high level legal help whenever I need. Whether you have a current issue, or are in need of legal guidance, I can give no better recommendation then The Odierno Law Firm; my trusted advisers and the lawyers I can count on.”

    B.R.

  • I have foond their efforts to excel beyond that of other firms.

    “I have had the privilege of working with the Odierno law firm in excess of 15 years. I have fond there efforts to excel beyond that of other firms. They seem to always be available for not only client questions but questions regarding my practice as well. I highly recommend this firm. ”

    A.C.

  • Very professional, helpful and efficient.

    “I highly recommend the Odierno Law Firm. His entire staff is very professional, helpful and efficient.”

    B.K.

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