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Category: Motor Vehicle Accidents

Injured in an accident? We can help. From car accidents, workers’ comp claims, construction accidents to medical malpractice and police misconduct, we have you covered. Check out our blog for helpful tips and examples of claims, including many related to motor vehicle accidents.

what is a no fault state and how this affects car accident cases

What Is A No Fault State And How Does It Affect Car Accident Cases?

In driving scenarios, the term ‘no-fault state’ refers to a jurisdiction where motorists are mandated to file claims with their insurance providers following an auto collision, irrespective of who was responsible for the accident. These states operate under Personal Injury Protection (PIP) coverage, which compensates for medical expenses, lost wages, replacement services, and funeral costs. However, it does not cover pain and suffering or vehicle damage claims. Even within this framework, lawsuits can still be initiated under certain circumstances such as when severe injuries occur.

This article delves into the concept of no-fault states and how they influence cases resulting from car accidents. It will also explore the advantages and disadvantages associated with no-fault insurance systems and discuss instances where these rules may not apply. Lastly, steps to undertake following a car accident in a no-fault state will be outlined alongside expert advice on navigating such situations effectively.

The Fundamentals: Defining a No-Fault State

In the realm of car accident cases, a no-fault state fundamentally alters the way damages are handled, requiring that each driver’s own insurance company cover certain losses regardless of who caused the accident. This is known as a no-fault insurance system and it differs significantly from traditional at-fault car insurance systems.

In a no-fault state, drivers carry a special type of coverage known as Personal Injury Protection (PIP) or no-fault policy. This type of fault insurance covers costs such as medical bills, lost wages, and other expenses resulting from an accident irrespective of fault determination.

The primary purpose of implementing this no-fault insurance system is to lower litigation costs by reducing the need for determining liability in minor accidents.

How No-Fault Laws Impact Car Accident Cases

Under the provisions of no-fault laws, a unique impact is witnessed on vehicular collision disputes where claimants seek compensation from their own insurers, irrespective of the party responsible for causing damage. This system within a no-fault insurance state differs significantly from traditional fault auto insurance systems in several respects.

  • First, irrespective of fault determination in car accident cases, each party’s losses are covered by their respective insurers under the no-fault laws.

  • Secondly, these laws limit the ability to sue the at-fault driver unless severe injuries or monetary thresholds are met.

  • Lastly, this approach streamlines auto accident compensation systems by eliminating protracted legal battles over liability.

These characteristics collectively contribute to an altered landscape for resolving motor vehicle accident claims within a no-fault state.

Pros and Cons of No-Fault Insurance

Weighing the advantages and disadvantages of no-fault insurance provides a comprehensive understanding of its impact on drivers, particularly in relation to claim settlements and potential lawsuits.

In no-fault states, the key advantage is that accident victims can seek compensation quickly without determining fault. However, this also means they relinquish their rights to sue for pain and suffering except under certain circumstances.

Additionally, no-fault insurance often results in higher premiums due to obligatory personal injury protection coverage. Proponents argue that it reduces court congestion by limiting the number of accident cases; critics counter that it may encourage reckless driving as at-fault parties are not held accountable financially.

Understanding the advantages and disadvantages of no-fault car insurance systems before selecting one as your policy option is vitally important.

When Does the No-Fault Rule Not Apply?

Certain circumstances allow for a deviation from the no-fault rule, providing exceptions where traditional liability rules apply instead. This can significantly impact car accident cases and auto accident claims in no-fault states. The following scenarios warrant such exceptions:

  1. Serious Injury Threshold: In many no-fault states, victims who sustain severe injuries may step outside the bounds of their own insurance coverage to file a lawsuit against at-fault parties.

  2. Monetary Threshold: If medical expenses exceed a certain limit defined by state fault insurance laws, an exception to the no-fault rule applies.

  3. Out-of-State Accidents: If residents of no-fault states get involved in accidents while in traditional fault states, usual liability laws often apply.

In these instances, auto accident claims proceed similarly to those in at-fault jurisdictions.

Steps to Take After a Car Accident in a No-Fault State

Navigating the aftermath of a vehicular collision requires an understanding of the necessary steps for safeguarding one’s rights and pursuing appropriate compensation, particularly in jurisdictions where no-fault insurance laws are implemented.

Upon experiencing a car accident in a no-fault state, immediate actions must be taken to secure potential claims within the no-fault system. Primarily, notifying law enforcement and seeking medical attention should be prioritized to document the incident accurately.

Following this, filing a timely claim with the driver’s own insurance company is critical as per stipulations in most no-fault insurance states.

Lastly, consulting professional legal assistance may be beneficial to comprehend fully and navigate the complexities surrounding settlements or lawsuits under a no-fault regime. These steps ensure protection and proper recompense post-accident.

Get Expert Guidance on Your Case with Daniella Levi & Associates, P.C

Securing the services of seasoned professionals like Daniella Levi & Associates, P.C. can provide invaluable guidance and representation in navigating the aftermath of a motor vehicle accident, ensuring that your rights are protected and appropriate compensation is pursued.

As an experienced law firm, they have a team of accident attorneys ready to assist you through every stage of auto accident lawsuits. Their expertise extends beyond simply understanding the laws; their real-world experience allows them to anticipate challenges and strategically plan ahead of time for successful accident injury recovery outcomes.

An experienced car accident attorney from this firm will not only handle all legal aspects but also ensure that every detail is meticulously addressed. Thus, retaining their services significantly enhances your prospects for just compensation.

Frequently Asked Questions

What are the differences between no-fault insurance and traditional car insurance policies?

No-fault insurance (also referred to as personal injury protection or PIP) provides compensation regardless of who caused a car accident; traditional automobile policies usually only compensate depending on liability determination.

How does no-fault insurance affect premiums and insurance rates?

No-fault insurance directly impacts premiums and insurance rates by typically increasing them. This is due to the guaranteed provision of benefits irrespective of fault, resulting in higher costs for insurers transferred to policyholders.

What are some examples of states that require no-fault insurance?

Several states in the U.S. mandate no-fault insurance, which include but are not limited to Michigan, New York, Florida, and Pennsylvania. The specific requirements and provisions may vary from state to state.

What types of injuries qualify for a lawsuit in a no-fault state?

In a no-fault state, eligibility for a third party lawsuit after an auto accident usually requires substantial injuries or damages that surpass the state’s set threshold. These can include severe disfigurement, disability, or significant monetary losses.

Can I still sue the other driver in a no-fault state if I believe they were responsible for the accident?

In no-fault states, it is possible to sue the other driver under specific conditions. Lawsuits can be filed if injuries surpass a serious injury threshold or surpass a monetary threshold set by state law.

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What Does A Car Accident Lawyer Do?

Car accidents can be life-altering events for those involved. Not only do they cause physical harm, but they can also lead to emotional and financial distress.

When dealing with the aftermath of an accident, it’s essential to have a car accident lawyer on your side who can help you navigate through the legal system and get the compensation you deserve.

Car accident lawyers are professionals who specialize in representing clients who have been injured or suffered damages as a result of a car accident. They provide various services, including negotiating with insurance companies, filing lawsuits, collecting evidence, and advocating for their client’s rights in court.

Professional Effective Legal Representation in Queens

Levi Law is a law firm that provides car accident litigation in Queens, NY. With years of experience and a passionate team of attorneys, we are committed to helping you get the justice you deserve. We specialize in personal injury lawsuits, including motor vehicle accidents, truck accidents, medical malpractice, defective product, police brutality, and construction accidents.

At Levi Law, more commonly known as Daniella Levi & Associates, our team is focused on providing you with the best legal representation and advice possible, so that you can move forward with your life in a positive direction. If you’re looking for a law firm that is knowledgeable and reliable, Levi Law is the right choice for you.

Schedule a consultation with a personal injury lawyer today, simply call (718) 380-7440 or contact us online.

The Benefits of Working with a Car Accident Lawyer

Helping You Understand Your Rights

When you are involved in a car accident, it is normal to feel overwhelmed and unsure of what steps to take next. However, understanding your rights is crucial when it comes to seeking compensation for any injuries or damages that may have resulted from the accident. An auto accident attorney can help guide you through this process and ensure that you receive fair treatment under the law.

 Here are four types of compensation that you may be entitled to in personal injury claims:

  1. Medical expenses: This includes all costs related to medical care, such as hospital bills, doctor’s visits, medication, and physical therapy.
  2. Loss of income: If your physical injuries prevent you from working, you may be able to recover lost income.
  3. Pain and suffering: Proper compensation for pain and suffering takes into account the emotional trauma caused by the accident and its aftermath.
  4. Property damage: You can seek reimbursement for any damage done to your vehicle or other personal property.

 By understanding your rights to compensation, you can work with our experienced car accident lawyers toward reaching a fair settlement with the insurance company without sacrificing justice or fairness.

Negotiating With Insurance Companies

It is important to remember that insurance providers often try to minimize payouts for claims, which is why having an experienced auto accident attorney on your side can make all the difference in ensuring that you receive full compensation for your losses. 

Personal injury attorneys have extensive experience dealing with insurance claims and know how to navigate through the complex procedures involved. With their help, you’ll be more likely to receive the maximum compensation you deserve without having to go through a lengthy trial process.

Gathering Evidence

One of the essential tasks that personal injury lawyers do is gathering valuable evidence. This process involves collecting information and proof to support your case, which can be used to demonstrate who was at fault for the accident and what damages you have suffered as a result.

An experienced car accident attorney will typically use various methods to gather this evidence, including:

  • Interviewing witnesses.
  • Obtaining police or accident reports and medical reports.
  • Inspecting the accident scene.
  • Analyzing any available video or photographic evidence.

The lawyer may interview bystanders or other drivers involved in the collision. They might ask questions such as where they were positioned when it happened?, did they see anything suspicious?, and what did they hear? Were there specific sounds from either car?

Lawyers may also request copies of medical records. These documents help them understand the extent of injuries sustained by their client. Medical records are crucial pieces of documentation because they often contain objective assessments made by doctors.

By choosing an experienced law firm with a track record for success in personal injury cases, you can be confident that your legal team will make every effort possible to collect all relevant evidence regarding your accident claim. This includes not only physical damage but also financial losses such as lost wages or property damage.

With solid evidence of damages gathered by skilled attorneys on your behalf, you stand a much better chance of receiving fair compensation for your injuries without having to go through lengthy court proceedings.

Identifying Liability

After gathering evidence, the next step for a car accident lawyer is to identify the at-fault party. This involves determining who was at fault for the accident and identifying liable parties.

To do this, a lawyer may conduct interviews with witnesses, examine police reports and medical records, and consult with experts in fields such as engineering or accident reconstruction.

Once liability has been established, the lawyer can then pursue compensation for their client’s losses from either the at-fault driver or their insurance company. However, navigating the legal system surrounding car accidents can be complex and emotionally challenging for victims.

Representing You In Court

When it comes to representing you in court, a car accident attorney can provide invaluable support and guidance. They have the legal expertise required to navigate complex litigation procedures and are well-versed in negotiating with insurance company representatives and compensation insurers on your behalf.

With their help, you can ensure that your accident injury claim is accurately assessed and that you receive fair compensation for any damages incurred as a result of the accident. In addition to this, they can also handle medical record requests and other administrative tasks related to your case, freeing up valuable time so that you can focus on healing from your injuries.

Ultimately, having an experienced attorney by your side can make all the difference when it comes to securing a favorable outcome in your case.

Appealing A Denied Claim

If your car accident lawyer has worked tirelessly to build a strong case, only to have the insurance company deny your claim for compensation, it can be devastating. You may feel like giving up and accepting defeat but don’t lose hope just yet.

With the right approach and evidence of damages, you can still appeal a denied claim. Your car accident lawyer will work with you to gather any additional evidence that could strengthen your case. This might include medical reports or witness statements that were not submitted during the initial claims process.

Your lawyer will also review the reason provided by the insurance company for denying your claim and determine if there are grounds for an appeal. By working together, you can increase your chances of receiving fair compensation for your losses. Remember, even if it takes time and effort, justice is worth fighting for.

Providing Legal Advice And Guidance

A legal consultation with a car accident lawyer will help you understand what kind of compensation you may be entitled to for any damages or injuries resulting from the accident. They can also explain how to file accident claims and guide you through the entire process.

Additionally, they will provide valuable advice on how to deal with insurance adjusters and make a fair settlement agreement on your behalf. An experienced lawyer understands the complexities of personal injury law and can represent you in court if needed.

Therefore, it is essential to seek their services as soon as possible after an accident occurs to ensure that your rights are protected throughout the legal process.

Get the Representation You Need with Levi Law

Are you looking for a law firm that can provide expert legal representation in your car accident case? Look no further than Daniella Levi & Associates or more commonly known as Levi Law.

We pride ourselves on being the go-to law firm for those who have been injured in an automobile accident and need legal assistance. At Levi Law, we understand how overwhelming it can be to deal with the aftermath of a car crash. From medical bills to lost wages, there are many expenses that can quickly add up.

That’s why our team is dedicated to fighting for the compensation you deserve so you can focus on healing and moving forward. Whether you’ve suffered from whiplash or more serious injuries such as broken bones or spinal cord damage, we’re here to help every step of the way.

With us by your side, you can rest assured that your rights are protected and that justice will be served. Our commitment to excellence has earned us a reputation as one of the top accident law firms in the area.

So if you’re ready to work with a passionate team of attorneys who will fight tirelessly for your rights, schedule an appointment today, simply call (718) 380-7440 or contact us online.

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Who Is At Fault In A Rear-End Collision?

We’ve all been there – cruising down the road, enjoying our favorite tunes, when suddenly we’re jolted back to reality by a sudden stop. Whether it’s a traffic jam or an unexpected red light, these situations are never fun – especially if you find yourself on the receiving end of a rear-end collision. 

At that moment, as you assess the damage and exchange information with the other driver, one question inevitably comes to mind: who’s the at-fault driver here? It turns out this isn’t just a matter of curiosity; determining the negligent driver in rear-end collisions can have significant financial implications for both parties involved.

This is where the Levi Law Firm comes in to help out.

Your Top Car Accident Litigation Firm

Levi Law is a law firm that provides car accident litigation in Queens, NY.

When it comes to rear-end crashes, determining fault can be a complex process. You need the right team of auto accident lawyers on your side to ensure you receive fair compensation for damages.

That’s where Daniella Levi & Associates, commonly referred to as Levi Law, steps in as your top car accident litigation firm. Our dedicated personal injury lawyers have extensive experience and a professional approach in accident cases, as well as handling the insurance claim process involving all types of accidents, including rear-end car accident

At Daniella Levi & Associates, or Levi Law, we understand that being involved in an auto accident is not only emotionally challenging but also disruptive to your everyday life. We’re here to provide support and guidance throughout the entire legal process so that you can focus on healing while feeling confident that your case is being handled by personal injury attorneys who genuinely care about achieving the best possible outcome for you.

Don’t hesitate to reach out to our compassionate, knowledgeable auto accident lawyers at Levi Law today, and let us help you navigate this difficult time with ease and confidence.

Simply call (718) 380-7440 or check out www.levilawny.com today.

Determining Who Is The At-Fault Party

It’s not always as simple as pointing fingers when it comes to determining the driver liable in a rear-end collision. Sometimes, you need the help of skilled accident lawyers and an accident reconstruction expert to piece together the evidence, ensuring that justice is served fairly.

You’re certainly not alone on this journey; many others have found themselves in similar situations, seeking answers and resolution after such traumatic events.

By delving deeper into the case with the assistance of professionals who specialize in these matters, you’ll find yourself surrounded by a supportive community dedicated to unraveling the truth and helping you move forward from this unfortunate experience.

Factors To Consider When Determining Fault

Having established the general principles of determining who is at fault in a rear-end collision, it’s important to delve deeper into the specific factors that come into play when making this determination.

At Levi Law Firm, we understand that each case is unique and requires careful consideration of various aspects. To help you navigate through this complex process, here are five essential factors that can influence the outcome:

  1. Speed: Were both vehicles traveling within the speed limit? Excessive speeding by either party may contribute to establishing fault.
  2. Weather conditions: Rain, fog, or snow can affect visibility and road grip. How much did these elements impact the drivers’ ability to react?
  3. Vehicle maintenance: Was one vehicle poorly maintained with faulty brakes or worn-out tires? This could be an indication of negligence on the part of that driver.
  4. Traffic laws, signals, and signs: Did someone run a red light or ignore a stop sign, leading to the collision?
  5. Driver behavior: Was there any evidence of distracted driving (e.g., texting while driving) or aggressive maneuvers?

At Levi Law, we know how crucial it is for you to feel supported during this challenging time. We empathize with your situation and work tirelessly in understanding every aspect related to your case so as not only to guide you but also to stand beside you throughout this journey.

As we assess these critical factors together, rest assured that you will have a strong advocate working relentlessly towards achieving justice for your ordeal caused by a rear-end collision.

The Role Of Witnesses In Rear-End Collisions

Witnesses can play a crucial role in determining fault in rear-end collisions, as they may provide an unbiased account of what happened during the accident.

By gathering witness statements who saw the incident unfold firsthand, our team at Levi Law is better equipped to build a strong case on your behalf. This evidence helps us work with accident reconstruction experts to piece together the series of events that led up to the collision and identify any contributing factors or potential negligence by other parties involved.

Having witness testimony not only strengthens your claim but also provides invaluable support when negotiating with aggressive insurance companies who might try to downplay their client’s responsibility for the crash.

What Are The Potential Consequences Of Being Found At Fault In A Rear-End Collision?

Picture yourself being found at fault in a rear-end collision, and imagine the impact it could have on your life. This scenario is not just about dealing with vehicle repairs or increased insurance rates; there are more serious consequences that can arise from such an unfortunate event.

Being held responsible for a rear-end accident may result in:

  1. Loss of compensation: When you’re deemed at fault, you might find it challenging to receive compensation for any damages or injuries sustained during the accident. Hiring an experienced accident attorney becomes crucial in these situations to protect your rights.
  2. Lawsuits and legal costs: The other party involved in the collision may file a lawsuit against you seeking compensation for their medical expenses, lost wages, and pain and suffering. In return, this could lead to hefty financial burdens due to legal fees and potential settlement payouts.
  3. Damage to personal reputation: A sense of belonging within our community is essential for our mental well-being. Being labeled as ‘the one who caused an accident’ might damage your personal reputation among friends, family members, or even colleagues.

So next time you hear someone ask who’s at fault in a rear-end collision, remember that determining liability goes beyond fixing cars—it has real implications on individuals’ lives. Make sure you drive safely and responsibly to avoid finding yourself facing these dire consequences.

Benefits Of Working With A Car Accident Litigation Firm

Navigating the aftermath of a rear-end collision that wasn’t your fault can be an isolating experience, but you don’t have to go through it alone. By partnering with a car accident litigation firm, you’ll gain access to expert legal counsel and support that’s tailored specifically for cases like yours.

At Levi Law, we’re committed to helping each other out in times of need – and there’s no better time than after an accident where someone else is at fault. Our experienced attorneys will guide you every step of the way, offering valuable advice on how best to proceed with your case while ensuring maximum compensation for any damages or injuries sustained during the incident.

How Levi Law Can Help You After A Rear-End Collision

Assessing Liability

Imagine the shock and frustration you feel when your car is suddenly jolted by a rear-end collision, leaving you unsure of what to do next. At Levi Law, we understand how overwhelming this situation can be and we’re here to help you navigate through it with ease.

Assessing liability in a rear-end collision can seem daunting but our experienced team will stand beside you every step of the way. Together, we’ll thoroughly investigate all aspects of the incident to ensure that whoever is at fault is held accountable for their actions.

So don’t worry – by working with us, not only will you find a resolution after such an unfortunate event, but also regain confidence knowing that justice has been served.

Establishing Damages

But that’s not all we’re here for – at Levi Law, our expertise goes beyond just establishing liability. We’re also committed to making sure you receive the compensation you deserve by meticulously establishing damages after your rear-end collision.

As a leading car accident litigation firm, we understand what it takes to calculate and negotiate fair settlements based on various factors like medical expenses, lost wages, and even emotional distress caused by the accident.

Together with us, you’ll become part of an empowered community that demands justice and fairness in such trying times. So rest assured knowing that when you choose Levi Law, both your legal rights and personal well-being are in good hands.

Expert Representation

Imagine standing in the middle of a courtroom, feeling overwhelmed and alone after suffering from a rear-end collision. With Levi Law’s expert representation by your side, you’ll never have to face this nightmare on your own.

Our experienced attorneys understand the complex legal process involved in car accident cases and will fight passionately for your rights every step of the way. We’re not just here to represent you; we want you to feel like part of our family as we work tirelessly to get you the compensation and justice that you deserve.

Don’t let fear or uncertainty keep you from seeking help – when it comes to handling rear-end collisions, there’s no better choice than Levi Law for expert representation and peace of mind. Schedule an appointment by calling (718) 380-7440 or visit our website today.

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Is It Worth Getting An Attorney For A Car Accident?

Accidents can be traumatic experiences, causing physical and emotional harm as well as property damage and financial loss. You may be wondering if you need an attorney after a motor vehicle accident. It’s generally a good idea to seek legal consultation after being injured in a car accident, depending on several factors, including the severity of the accident, the extent of your injuries, and the complexity of your case.

An attorney may be able to help you after a car accident, especially if you’ve suffered serious injuries or significant property damage. An experienced car accident lawyer can help you navigate the legal process, deal with insurance companies, and negotiate a fair settlement on your behalf.

In this article, we’ll explore the reasons why it’s worth getting an attorney for a car accident and what a lawyer can do to help you.

How a Lawyer Can Help You…

An attorney can help you navigate the complex legal process, negotiate with insurance companies, and advocate for your rights. One of the most important things a lawyer will do is investigate the accident thoroughly. They will gather evidence, including photographs, witness statements, and police reports, to determine who was at fault for the accident and the extent of your damages. Your lawyer may also consult experts, such as accident reconstruction specialists, to build a strong case.

Your attorney will also help you calculate your damages, including medical expenses, lost wages, property damage, and pain and suffering. Your lawyer will use this information to negotiate a fair injury claim settlement with insurance companies, ensuring that you receive the compensation you deserve, even if that means taking your case to court. Filing insurance accident claims and negotiating with insurance adjusters is another crucial aspect of a car accident lawyer’s job. Insurance companies may try to deny or minimize your claim, but an experienced attorney will fight for your rights, ensuring that you receive the maximum amount of compensation possible.

If your case goes to trial, your attorney will prepare your case by gathering evidence, interviewing witnesses, and presenting your case in court. They will work tirelessly to build a strong case on your behalf and advocate for your rights in front of a judge and jury. Overall, hiring a car accident lawyer in Queens, NY, can significantly improve your chances of receiving fair compensation for your losses, allowing you to focus on your recovery while your lawyer handles the legal aspects of your case.

If you have had a motor vehicle related accident we invite you to contact our law firm at (718) 380-7440 or check out www.levilawny.com today.

What a Lawyer May Do for Your Case

Accident attorneys can help you navigate the complex legal process, negotiate with insurance companies, and advocate for your rights. If you decide to hire a car accident lawyer, here are some of the things they may do to help you with your case:

Legal Expertise

Car accident laws and regulations can be complex and vary from state to state. An experienced car accident lawyer can provide you with expert guidance on your legal rights and obligations, and help you navigate the legal process.

Investigate the Accident and Gather Evidence

One of the most important things a lawyer will do is investigate the accident thoroughly. They will gather evidence, including photographs, witness statements, and police reports. This investigation will help determine who was at fault for the accident and the extent of your damages. Your lawyer may also consult with experts, such as accident reconstruction specialists, to build a strong case.

Calculate Damages

Your attorney will also help you calculate your damages. This includes medical expenses, lost wages, property damage, assessing medical attention, and pain and suffering. Your lawyer will use this information to negotiate a fair settlement with insurance companies. They will ensure that you receive the compensation you deserve, even if that means taking your case to court.

File Insurance Claims

Dealing with insurance companies can be a frustrating and time-consuming process, especially if you’re trying to recover from injuries. A car accident lawyer can help you file accident claims, negotiate with insurance adjusters, and ensure that you receive fair compensation for your losses. Insurance companies may try to deny or minimize your claim, but an experienced personal injury attorney will fight for your rights. They will ensure that you receive the maximum amount of compensation possible.

Court Representation and Prepare Your Case for Trial

If your case goes to trial, your attorney will prepare your case by gathering evidence, interviewing witnesses, and presenting your case in court. They will work tirelessly to build a strong case on your behalf and advocate for your rights in front of a judge and jury.

Overall, hiring a car accident lawyer in Queens, NY can greatly improve your chances of receiving fair compensation for your losses. With an experienced attorney on your side, you can focus on your recovery while your lawyer handles the legal aspects of your case.

What Happens When an Accident Wasn’t Your Fault?

If you were involved in a car accident that wasn’t your fault, you may be entitled to compensation for your losses. In this case, it’s especially important to consult with an attorney who can help you navigate the legal process and ensure that you receive fair compensation from the liable party.

Your personal injury lawyer will investigate the accident to determine who was at fault and the extent of your damages. They will also help you file insurance claims and negotiate with insurance adjusters to ensure that you receive fair compensation.

Does a Police Report Say Who Was at Fault?

A police report is an important piece of evidence in a car accident case, but it doesn’t necessarily determine who was at fault for the accident. The police report will include information such as the date and time of the accident, the location, the names and contact information of the parties involved, and any witnesses to the accident. The report may also include a brief description of how the accident occurred.

While the police report can be useful in establishing the basic facts of the accident, it’s not always definitive in determining who was at fault. In many cases, fault will be determined based on other evidence, such as witness statements, photos of the accident scene, and medical costs and records.

It’s also worth noting that a police report can be challenged if it contains errors or inaccuracies. It is important to review the report with an experienced car accident attorney to identify any issues that might impact your case.

When Do You NOT Need an Auto Accident Attorney After an Accident?

While it’s generally a good idea to consult with an attorney after a car accident, there are some cases where you may not need legal representation. Here are a few situations where you may not need an attorney:

Minor Accidents

If you were involved in a minor accident or a fender bender with no injuries and minimal property damage, you might be able to handle the case on your own.

Clear Liability

If liability in the accident is clear and the damages are minimal, you may be able to negotiate a fair settlement with the insurance company without the help of an attorney.

Insurance Company Cooperation

If the insurance company is cooperative and offers you a fair settlement, you may not need to hire an attorney.

Peace of Mind: Is Hiring a Lawyer Worth the Investment?

Even in minor car accidents, having an attorney can be beneficial for accident victims. An attorney can help you navigate the legal process, including filing insurance claims and negotiating with insurance adjusters. They can also ensure that you receive maximum compensation for your losses, including medical care expenses and property damage. Additionally, an attorney can help protect your rights and advocate for you in case the other party involved in the accident decides to take legal action against you.

Frequently Asked Questions

Do you need a lawyer for a car accident?

If you’ve been involved in a car accident and are considering hiring an attorney, it’s important to choose the right legal consultation for your case. Look for an attorney with experience in car accident cases, a track record of success, and a good reputation in the legal community.

During your initial consultation, ask the attorney about their experience with car accident cases, their approach to handling cases, and their fees and costs. You should also ask about their communication style and how they plan to keep you updated on the progress of your case.

In conclusion, while it’s not always necessary to hire an attorney after a car accident, it’s generally a good idea to consult with a lawyer to help you navigate the legal process and ensure that you receive fair compensation for your losses. An experienced car accident lawyer can provide valuable guidance, negotiate with insurance companies, and represent you in court if necessary. If you’ve been involved in a car accident, don’t hesitate to reach out to a qualified attorney for help.

What are the qualities of the best car accident lawyer?

The best car accident lawyers have experience in car accident cases and accident lawsuits, a track record of success, good communication skills, and a client-focused approach.

What happens if you are at fault in a car accident in New York?

If you’re at fault in a car accident in New York, you may be held liable for damages to the other driver or their passengers, as well as any property damage.

Is New York a no-fault state?

Yes, New York is a no-fault state, which means that drivers must carry personal injury protection (PIP) insurance to cover their own medical expenses regardless of who was at fault in the accident.

What are most lawyer fees for a car accident?

Lawyer fees for a car accident can vary depending on the complexity of the case, but they typically range from 33% to 40% of the settlement or award.

How much to expect from a car accident settlement in New York?

The amount you can expect from a car accident settlement in New York depends on the severity of your injuries, the extent of property damage, and other factors such as lost wages and future medical expenses.

How many points is an at-fault car accident in New York?

An at-fault car accident in New York typically results in 3 to 4 points on your driving record. If a car accident wasn’t your fault in New York, it’s still a good idea to consult with a lawyer to ensure that you receive fair compensation for your losses.

Who pays for car damage in New York?

In New York, car damage is typically covered by the insurance of the at-fault driver. However, if you carry collision coverage on your own policy, your insurance company may pay for the repairs and then seek reimbursement from the at-fault driver’s insurer.

If you have been involved in a motor vehicle related accident, you can schedule a Free Consultation with our firm by calling (718) 380-7440 or by visiting the contact us page of our website.

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I Was Involved in a Boating Accident. Who is Liable?

I Was Involved in a Boating Accident in New York. Who is Liable?

New York weather can be cold and biting, so when warm, sunny climes arrive, New Yorkers are more than ready to enjoy some fun in the sun and on the water.  Boating presents an exciting activity to share with friends and family, but with the fun comes responsibility and vigilance.  Carefree recreation can quickly turn into unanticipated chaos if a boating accident should occur.  Understanding the responsibilities of those involved in a boating accident can be the difference between a relatively painless recovery and a seemingly never-ending headache.

Many factors can lead to an unforeseen mishap during boating.  Crowded waters, mechanical malfunctions, partying sailors and guests, and unanticipated weather events – can all lead to severe damage and debilitating injuries.  Determining the liability for these situations can be difficult.  Was operator negligence the reason for the accident?  Did the boat or other essential equipment malfunction?  Did your beautiful day give way to harsh and unexpected weather conditions?  Were other boaters irresponsible or recklessly operating their vessels?  A blatant disregard of nautical standards and practices can be as dangerous and deadly as those on land and roads.  Similarly, victims of boating accidents have the right to file financial claims against responsible parties for injuries, pain & suffering, and even death.  Determining this liability can be challenging, requiring expert investigation and a technical understanding of the effects of water upon an accident site and those who have either witnessed or been injured in the accident.

Injuries due to boat accidents are not as uncommon as you might think.  They may include a simple slip-and-fall on deck, however other, more traumatic injuries such as broken bones, spinal cord injuries, traumatic brain injuries (TBIs), amputations, or death.

If you have experienced a boating accident and are uncertain about your rights, call Daniella Levi & Associates, P.C.  We will help you evaluate the circumstances that led to the accident and ascertain your rights to recover total compensation for your injuries and personal loss.

Together, we will determine and pursue those that might be held responsible for boating accidents.  We will ask questions and find answers, such as:

  • Was your vessel appointed adequately with all of the necessary and appropriate life jackets and floatation devices required by law for adults and children?  Was this equipment in good condition and were all aboard adequately informed and trained on their usage?  Whether a recreational vessel or a commercial operation, owners and masters must have suitable Coast Guard-approved life jackets on board for passengers of all ages.  Failure to do so leaves them liable for significant penalties.  Children under 13 years of age must wear an appropriately-sized U.S. Coast Guard-approved life jacket on a boat on open water unless they are below the deck or within an enclosed cabin.
  • Did the captain, master, or operator of your boat provide reasonable safety instructions to all passengers before launch?  Did they allow another person or persons to operate the boat who were not qualified to do so?
  • Was your vessel’s captain or operator intoxicated while operating the boat?  Did you observe them engaged in careless or reckless operations or in any other way disregarding boating laws?
  • Did other passengers on the boat behave dangerously or recklessly, which may have interfered with the boat’s safe operation?  Was the operator of the boat unable to properly fulfill their duty due to another passenger’s reckless behavior?
  • What was the condition of the boat?  If a rental company issued the vessel, was the accident a result of their failure to maintain the boat properly?

Could the accident be a direct result of a manufacturing defect?

There are as many contributing conditions to maritime accidents as boats on the water.  At Daniella Levi & Associates, P.C. we will thoroughly evaluate every facet of your boating accident to determine liability and recover your damages, whether from physical injuries, medical expenses, loss of income or livelihood, vessel repair, pain & suffering, or any other unanticipated expenses you may incur.  Your recreation should never become your tragedy.  If you are injured and require a visit by one of our legal professionals, call us today to set up a consultation, and we’ll come to you.  Your first visit is free, and we don’t get paid until you receive the compensation you greatly deserve.

About Daniella Levi & Associates P.C.

After a serious accident, many people desperately need the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

We strongly believe in upholding accident victims’ rights at Daniella Levi & Associates, P.C., headquartered in New York City. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Most accident attorneys know the law, and many have a fair amount of experience. While both of these characteristics are important in a lawyer, they constitute only a part of what it takes to ensure a good experience.

At our law firm, we provide personal attention from a team of dedicated professionals, aggressive advocacy, open communication and caring guidance. We know how stressful it can be to seek legal advice while facing severe physical and financial challenges. We do what it takes to carry the burden for you.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

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A Bus Veered Into My Bike Lane. Can I Sue?

A Bus Veered Into My Bike Lane, and I Crashed. Can I Sue?

In our ever-rising inflationary economy, taking the bus and riding a bike in New York have become sensible and financially feasible choices for more people than ever.  Unfortunately, due to the increase in bicycles on the road, accidents between motor vehicles and bicycles are also at an all-time high – especially those involving both buses and bicycles.  Even cyclists who maintain their lanes and follow all the road rules are often at risk when sharing the road with trucks, cars, and buses.  Bus drivers are pressured to maintain their route’s schedule and routine while navigating crowded, narrow streets rife with harried and distracted drivers. Injured cyclists are frequently the victims of this hustle and bustle.

Bus vs. bicycle accidents is deadly serious.  Cyclists suffering from critical conditions due to these accidents incur not only painful physical and psychological injuries but mounting long-term financial stresses and strains as well.  These kinds of trauma can convolute your time, energy, and ability to handle the resulting medical and insurance matters.  Time is, as they say, of the essence when filing the necessary paperwork to resolve their compensation claims.  The legal professionals at Daniella Levi & Associates, P.C. are your advocates, uniquely qualified to assist in all matters about your bicycle/bus accident.

There are many factors in determining who is at fault when a bus and a bicycle collide in New York.  When a bus collides with a cyclist inside the designated bicycle lane, there is no question that the bus will be liable.  This includes anything hanging off of or from the bus, such as low-hanging mirrors and exterior-mounted bicycles or wheelchairs, etc.  In some instances, liability may be reduced when the bicyclist is partially at fault for the collision and resulting damages.  For example, if the cyclist was riding outside of a designated lane, not wearing reflective clothing, or if they failed to adhere to traffic signals, their actions may be considered contributory factors to the injuries they sustained. Conditions such as this can result in a reduction of the ultimate recovery claim.  Knowing how to sort out these details is our specialty.

Transit (bus) companies are considered government entities.  Non-public transit companies (such as Greyhound, etc.) operate differently regarding liability and statute of limitations.  Claims against public entities have very specific statutes of limitations and depend upon several mitigating factors relative to the accident.  It is for this reason that you must gather as much information immediately following a bicycle accident with a bus in New York.  You will want to assemble and record information, including:

  • The date, time, and specific location of your collision
  • The bus number, line, and driver’s name
  • Any witness names and telephone numbers or contact information

Additionally, you will need to compile all of the records and bills about any medical care and treatment you receive specific to your accident.  This begins with any ambulance or first-responder attention you receive at the site of the collision, through any hospital visits, doctor’s office appointments, prescription medications or devices you receive, and ongoing physical therapy or emotional support services beyond your initial treatment.  You must seek medical attention for any injuries you experience as a result of your accident, as self-diagnosis and self-treatment are seldom compensated through claims of this nature.  Myriad types of injuries can result from bus/bicycle collisions, and some may take longer to manifest.  Ignoring a small ache or pain initially may be far more damaging in the long run if left untreated.  The most common types of traumatic injuries from accidents such as these include:

  • Head, neck, and back injuries
  • Facial injuries
  • Knee, hip, ankle, and spine injuries
  • Broken leg, arm, and back injuries
  • Traumatic brain injuries (TBI)
  • Nerve damage
  • Fear, panic attacks, and depression

At Daniella Levi & Associates, P.C., we specialize in liability and personal injury matters.  We will take the time to reconstruct the circumstances that led to your accident, follow up with all witnesses and providers, and navigate the intricacies of insurance companies and their procedures to win you the compensation you greatly deserve.  If you cannot come to our offices for your initial consultation, we will gladly come to your hospital or home, and we will never charge for our services until your matter is ultimately settled.  Call today to schedule an appointment with your legal experts.

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of the financial support that comes from a successful result of their injury claim. To ensure you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

At Daniella Levi & Associates, P.C., headquartered in New York City, we believe strongly in upholding the rights of accident victims. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

For all correspondence, please use the Queens office address.

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