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.

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.