Injured in a Car Accident?

Determining Fault in a Car Accident CLaim

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.

Were you injured in a car accident due to negligence? Seek justice by scheduling a free consultation with our experienced lawyers!

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.

How Much to Expect From a Car Accident Settlement

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. The average amount that injured parties receive in car accident settlements is around $28,000.

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. In some cases, these investigations can be simple, while in others, establishing liability can be highly complex. In many cases, you may be offered far less than the amount 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.

  • $175,000 UM Arbitration

    Plaintiff is a 65 year old man who was injured when walking to his car parked on the street in front of a house he was visiting. Plaintiff was struck and knocked to the ground by an unidentified driver. Plaintiff reported the accident to the police and sought evaluation at the hospital. Plaintiff did not treat for one month after the accident as he was suffering from unrelated physical ailments. When plaintiff did seek treatment it was determined he suffered a torn ligament in his hip. Plaintiff’s doctor opined that the only remedy was surgery and plaintiff was not a candidate because of his COPD. Defendant contested the validity of the occurrence as well as the causation of the injury. Defendant cited the plaintiff’s previous injuries and accidents claiming his hip injury was a consequence of prior falls as well related to his history of arthritis.

  • $200,000 Mediated Settlement

    Plaintiff was a 26 year old male who died during a house fire occurring in Suffolk County. The defendant, who is the owner of the house admitted that she could not credibly testify the smoke detectors were operational as they were not checked regularly. Defendant home owner also admitted that the batteries used in the smoke detectors were never changed to her knowledge. Counsel for the defendant alleged that the plaintiff engaged in culpable conduct in the origin and subsequent spreading of the fire. Counsel also attempted to limit damages by emphasizing plaintiff did not have any dependents.

  • $250,000 Mediated Settlement

    Facts: Plaintiff is a 32 year old woman who was driving her motor vehicle and stopped at a red light when her car was struck in the rear by another motor vehicle. Plaintiff suffered horizontal tears of the anterior horns of the medial and lateral menisci of the right knee with traumatic chondromalacia. Plaintiff's injuries necessitated multiple injections to her right knee as well as two arthroscopic surgeries.

    Plaintiff's surgeon opined that a total knee replacement is a possibility as plaintiff ages because her injuries will exacerbate the normal degenerative changes. Defendant argued that Plaintiff made a full recovery as she was able to return to work without limiting the scope of her duties.

  • $250,000 Mediated Settlement

    Plaintiff is a 54 year old woman who was exiting her motor vehicle when she slipped and fell on ice and snow in defendant's parking lot. Plaintiff sustained a fracture of her left ankle requiring surgery. Defendant claimed that they plowed, sanded and salted the parking in a reasonable manner and furthermore plaintiff did not suffer any residual limitations from the injury and resulting surgery.

  • $250,000 Settlement During Trial

    Facts: Plaintiff is a 62 year old male who experienced car trouble on a busy highway at 9:00 p.m. He proceeded to pull off to the side of the roadway and open the hood. As he was standing in front of his car working under the hood the defendant was driving his motor vehicle and did not see plaintiff's car.

    Defendant struck the plaintiff's stopped car in the rear causing plaintiff to be catapulted ten feet into the air. Plaintiff landed on the roadway and suffered a severely herniated disc at L4-L5 requiring him to wear a hard back brace at all times. Defendant claims plaintiff was responsible for the accident as plaintiff did not maintain any lights or warning that his car was stopped and encroaching into a traffic lane.

  • $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.

  • $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.

  • $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.


  • Very professional and great staff.

    “The Odierno Law Firm is awesome. Very professional and great staff. I couldn't get better representation.”


  • Thank you for all your help

    “Just wanted to say thank you for everything, it was a pleasure to work with Maria and Stephanie who worked on my case. They were so friendly and especially given the circumstances of being in pain they really made this awful experience better and manageable. They really were on the ball and I can not thank them enough. Thanks for great service!!”

    Jennifer DiPietro

  • I've been using Odierno Law Firm for over 10 years and I've only had nothing but success.

    “I've been using Odierno Law Firm for over 10 years and I've only had nothing but success. They are great law firm to work with I would recommend them every day.”


  • I cannot say enough about the Odierno Law Firm! Everyone I worked with truly went out of their way

    “I cannot say enough about the Odierno Law Firm! Everyone I worked with truly went out of their way to explain the legal process, make me feel at ease, and explain each step thoroughly in language I could easily understand. I have no doubt that choosing Odierno was the best decision I could have made! Thank you to Scott, Russell, Stephanie, Maria, Kim and the entire office for all of your efforts on my behalf.”


  • Absolutely love this law firm. Staff was awesome.

    “Absolutely love this law firm. Staff was awesome. My case went smooth and they were on it from the very start. I definitely recommend them. Client for life. ”



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