Motor Vehicle Accident Lawyer

Car accidents can turn your life upside down in an instant. Alongside the physical and emotional toll, dealing with insurance claims, medical bills, and potential legal battles can feel like an insurmountable burden. With so many law firms making bold promises, how do you choose the right legal representation?

For more than 40 years, the attorneys of The Law Offices of Mark E. Weinberger P.C., in Rockville Centre, have been helping people recover the justice they deserve. Through careful case preparation for insurance negotiations and aggressive representation in court — when trial becomes necessary — we have helped our clients in the New York City metro area and Nassau County and Suffolk County recover millions of dollars in settlements and trial verdicts.

Types of Car Accidents We Represent

At The Law Offices of Mark E. Weinberger P.C., we are dedicated to helping victims of all types of motor vehicle accidents in New York. Our experienced attorneys handle a wide range of cases, including but not limited to:

• Hit and Run Accidents: These can leave victims feeling helpless, but our team is skilled at pursuing justice even when the responsible driver cannot be immediately identified.
• Uninsured/Underinsured Motorist Claims: If you’re involved in an accident with a driver who lacks adequate insurance coverage, we can help you navigate your own insurance policy to secure the compensation you deserve.
• Motorcycle Accidents: Motorcyclists are particularly vulnerable on the road. We understand the unique challenges these cases present and fight to protect your rights after a serious crash.
• Truck, Bus, and Commercial Vehicle Accidents: Accidents involving large commercial vehicles often result in severe injuries. We are experienced in handling these complex cases and will work diligently to hold the responsible parties accountable.
• Head-On Collisions: These are among the most dangerous types of car accidents, often leading to catastrophic injuries. Our attorneys are prepared to aggressively pursue compensation for your injuries and losses.
• Rear-End Collisions: Even at low speeds, rear-end collisions can cause significant injuries, such as whiplash. We are here to ensure you receive fair compensation for your injuries and damages.
• And More: From rollover accidents to pedestrian injuries, our firm is equipped to handle any type of motor vehicle accident. No matter the circumstances, we are committed to providing personalized legal representation tailored to your needs.

We understand the physical, emotional, and financial toll a car accident can take on your life. Our goal is to help you recover the maximum compensation possible so that you can move forward with confidence.

How a Motor Vehicle Accident Lawyer Can Help

At The Law Offices of Mark E. Weinberger P.C., we understand how overwhelming it can be to navigate the aftermath of a motor vehicle accident. Our experienced team is here to guide you every step of the way, ensuring that your rights are protected and that you receive the compensation you deserve. Here’s how we can help:

Thorough Investigation

We start by conducting a comprehensive investigation of your accident. This includes gathering evidence, interviewing witnesses, and working with experts to reconstruct the scene. Our goal is to build a strong case that clearly establishes liability.

Handling Insurance Companies

Dealing with insurance companies can be intimidating, especially when they try to minimize your claim. We take over all communication with the insurers, aggressively negotiating on your behalf to secure a fair settlement.

Assessing Damages

Accidents can result in a wide range of damages, from medical bills and lost wages to pain and suffering. We work closely with you and medical professionals to assess the full extent of your injuries and calculate the compensation you’re entitled to.

Expert Legal Advice

The legal process can be complex, but our attorneys are here to simplify it for you. We provide clear, straightforward advice, helping you understand your options and the best course of action for your situation.

Litigation and Trial Representation

While many cases are settled out of court, we are fully prepared to take your case to trial if necessary. Our skilled litigators will advocate fiercely for you in the courtroom to ensure that justice is served.

No Upfront Fees

We operate on a contingency fee basis, which means you don’t pay us unless we win your case. This allows you to focus on your recovery without worrying about legal fees.

At The Law Offices of Mark E. Weinberger P.C., we are committed to fighting for your rights and achieving the best possible outcome for your case. Let us handle the legal complexities so that you can focus on healing and moving forward.

New York’s Insurance Laws

New York operates under a “no-fault” insurance system, which means that if you are injured in a motor vehicle accident, your own insurance company will cover your medical expenses and lost wages, regardless of who was at fault. This system is designed to ensure that accident victims receive prompt compensation without the need for lengthy legal battles. However, there are important details and exceptions to be aware of:

• Personal Injury Protection (PIP): New York law requires all drivers to carry Personal Injury Protection (PIP) coverage as part of their auto insurance policy. PIP covers medical expenses, lost wages, and other reasonable and necessary expenses up to a certain limit, regardless of fault.
• Serious Injury Threshold: To file a lawsuit against the at-fault driver for pain and suffering or other non-economic damages, your injuries must meet New York’s “serious injury” threshold. This includes significant disfigurement, bone fractures, loss of a limb, significant limitation of a body function or system, or injuries that result in full disability for at least 90 days.
• Uninsured/Underinsured Motorist Coverage: Despite the mandatory insurance requirements, some drivers on New York roads are uninsured or underinsured. This coverage provides protection if you are involved in an accident with a driver who lacks sufficient insurance to cover your damages.
• Time Limits (Statute of Limitations): In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, if the accident resulted in a fatality, the time limit for filing a wrongful death claim is two years from the date of death.
• Comparative Negligence: New York follows a “pure comparative negligence” rule, which means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.

Understanding New York’s insurance laws can be challenging, but the experienced attorneys at The Law Offices of Mark E. Weinberger P.C. are here to help. We will guide you through the complexities of your case, ensuring that you receive the full compensation you deserve under the law.

What To Do After a Car Accident

Being involved in a car accident can be a frightening and overwhelming experience. However, taking the right steps immediately afterward is crucial to protecting your rights and ensuring your safety. At The Law Offices of Mark E. Weinberger P.C., we recommend the following actions if you are involved in a motor vehicle accident in New York:

1. Ensure Safety: First and foremost, check yourself and others for injuries. If anyone is seriously injured, call 911 immediately to request medical assistance. If possible, move your vehicle out of traffic to a safe location.
2. Call the Police: It is important to report the accident to the police, especially if there are injuries, significant property damage, or if the other driver is uncooperative. A police report can be critical in documenting the details of the accident and establishing liability.
3. Exchange Information: Exchange contact and insurance information with the other driver(s) involved. This should include names, phone numbers, addresses, driver’s license numbers, license plate numbers, and insurance details. If there are witnesses, collect their contact information as well.
4. Document the Scene: Take photos and videos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries. This visual evidence can be valuable in supporting your claim later on.
5. Seek Medical Attention: Even if you feel fine, it’s important to see a doctor as soon as possible after the accident. Some injuries, like whiplash or internal injuries, may not be immediately apparent. Prompt medical documentation can also strengthen your personal injury claim.
6. Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide them with the necessary details but avoid making any statements or admitting fault until you’ve spoken with an attorney.
7. Consult with a Lawyer: Before speaking with the other driver’s insurance company or accepting any settlement offers, consult with an experienced motor vehicle accident lawyer. At The Law Offices of Mark E. Weinberger P.C., we can help you understand your rights, assess the value of your claim, and negotiate on your behalf to ensure you receive fair compensation.

Taking these steps after a car accident can make a significant difference in the outcome of your case. Our dedicated team is here to support you throughout the process, providing the legal guidance you need to move forward confidently.

Common Car Accident Injuries

Car accidents can result in a range of injuries, from minor to severe. At The Law Offices of Mark E. Weinberger P.C., we are familiar with the types of injuries commonly sustained in motor vehicle accidents and the impact they can have on your life. Here are some of the most common injuries we see:

• Whiplash: A common injury from rear-end collisions, whiplash occurs when the head is jerked forward and backward abruptly, straining the neck muscles and ligaments. Symptoms include neck pain, stiffness, headaches, and dizziness.
• Fractures: Broken bones can occur from the force of the impact or from being thrown against objects inside the vehicle. Common fractures include those to the arms, legs, ribs, and pelvis.
• Traumatic Brain Injuries (TBI): TBIs can range from concussions to more severe brain damage. Symptoms might include headaches, confusion, memory problems, and changes in mood or behavior. TBIs can have long-term effects on cognitive and physical functioning.
• Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis, depending on the location and severity of the injury. Symptoms may include loss of movement or sensation in the extremities and problems with bladder or bowel control.
• Internal Injuries: The impact from a car accident can cause injuries to internal organs such as the liver, spleen, or kidneys. Internal bleeding or damage can be life-threatening and requires immediate medical attention.
• Herniated Discs: The force of a collision can cause the discs in the spine to herniate or bulge, pressing on nerves and causing pain, numbness, or weakness in the back, legs, or arms.
• Soft Tissue Injuries: These include injuries to muscles, tendons, and ligaments, such as strains and sprains. Although they may not be visible, they can cause significant pain and affect mobility.
• Lacerations and Abrasions: Cuts and scrapes from the collision or from broken glass and debris can result in infections or permanent scarring.
• Post-Traumatic Stress Disorder (PTSD): Emotional and psychological trauma from a car accident can lead to PTSD, which may include symptoms such as anxiety, depression, flashbacks, and nightmares.

If you or a loved one has sustained any of these injuries in a car accident, it’s important to seek medical attention right away and consult with a lawyer to ensure you receive appropriate compensation for your pain, suffering, and losses.

Compensation You May Be Entitled To

If you’ve been injured in a car accident, you may be entitled to various types of compensation depending on the nature and extent of your injuries and losses. At The Law Offices of Mark E. Weinberger P.C., we work to ensure you receive full and fair compensation for the damages you have suffered. Here’s an overview of the types of compensation you might be entitled to:

Medical Expenses

This includes reimbursement for hospital bills, doctor’s visits, surgeries, medications, physical therapy, and any future medical care related to your injuries. It also covers any necessary medical equipment or modifications to your home or vehicle due to your injury.

Lost Wages

If your injuries prevent you from working, you may be entitled to compensation for the income you have lost during your recovery. This can include past and future lost wages, as well as any impact on your earning capacity if your injuries result in long-term or permanent disability.

Pain and Suffering

Compensation for physical pain and emotional distress caused by the accident and your injuries. This category of damages is intended to address the non-economic impact of your injuries on your quality of life.

Property Damage

Reimbursement for the cost of repairing or replacing your vehicle and any personal property damaged or destroyed in the accident.

Loss of Consortium

If your injuries affect your relationship with your spouse or family, you may be entitled to compensation for the loss of companionship, support, and intimacy.

Future Expenses

If your injuries require long-term or ongoing medical treatment, rehabilitation, or modifications to your home or vehicle, you may be entitled to compensation for these future expenses.

Punitive Damages

In cases where the at-fault party’s conduct was particularly egregious or reckless, you might be awarded punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future.

Loss of Enjoyment of Life

If your injuries have significantly diminished your ability to engage in activities and hobbies you previously enjoyed, you may be compensated for the loss of enjoyment of life.

The process of determining and securing compensation can be complex, but our experienced attorneys at The Law Offices of Mark E. Weinberger P.C. are here to guide you through every step. We will work diligently to ensure that you receive the compensation you deserve to cover your medical expenses, lost wages, and other damages resulting from the accident.

Contact Us For a Free Consultation

The insurance adjuster won’t tell you the full and fair financial damages you may be entitled to. We offer a free case review and consultation to explain your legal options. If you hire us as your legal counsel, you will pay no retainer or attorneys’ fees unless we recover money in a settlement or trial verdict.

Call our law firm at 516-829-7270 or use the convenient email contact form to arrange an opportunity to meet with one of our lawyers.

Motor Vehicle Accident Lawyer FAQs

1. What should I do immediately after a car accident?

Ensure everyone is safe and call 911 if there are any injuries. Report the accident to the police, exchange information with the other driver(s), take photos of the scene, seek medical attention, and notify your insurance company. It’s also wise to consult with a lawyer to understand your rights and options.

2. How long do I have to file a personal injury claim in New York?

In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. If the accident resulted in a fatality, you have two years from the date of death to file a wrongful death claim.

3. What is New York’s no-fault insurance system?

New York’s no-fault insurance system means that your own insurance company will cover your medical expenses and lost wages regardless of who was at fault in the accident. However, to seek compensation for pain and suffering or other non-economic damages, your injuries must meet the state’s serious injury threshold.

4. What types of compensation can I receive after an accident?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, future expenses, loss of consortium, and loss of enjoyment of life. In certain cases, punitive damages may also be awarded.

5. How is fault determined in a car accident?

Fault is typically determined based on the evidence gathered from the accident scene, police reports, witness statements, and any available traffic camera footage. Comparative negligence rules in New York mean that even if you are partially at fault, you can still recover damages, though your compensation will be reduced by your percentage of fault.

6. What if the other driver is uninsured or underinsured?

If the at-fault driver is uninsured or underinsured, your own insurance policy’s uninsured/underinsured motorist coverage may provide compensation. Your attorney can help you navigate this process and ensure you receive the compensation you are entitled to.

7. How long will it take to resolve my claim?

The timeline for resolving a claim can vary based on the complexity of the case, the extent of your injuries, and the willingness of the insurance company to negotiate a fair settlement. Simple cases may be resolved within a few months, while more complex cases or those requiring litigation can take longer.

8. Do I need a lawyer for my car accident claim?

While you are not legally required to hire a lawyer, having legal representation can significantly improve your chances of obtaining fair compensation. An experienced lawyer can handle negotiations with insurance companies, gather and present evidence, and advocate on your behalf in court if necessary.

9. What if I can’t afford to pay for a lawyer?

At The Law Offices of Mark E. Weinberger P.C., we work on a contingency fee basis, which means you don’t pay any legal fees unless we win your case. This allows you to focus on your recovery without worrying about upfront legal costs.

10. How can The Law Offices of Mark E. Weinberger P.C. help me?

Our firm offers comprehensive legal support, including investigating your accident, negotiating with insurance companies, assessing damages, and representing you in court if needed. We are dedicated to ensuring you receive the full compensation you deserve and will guide you through every step of the legal process.