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ACCIDENTS AND PERSONAL INJURY ATTORNEYS IN NEW YORK
The New York Accident Lawyers at Parker Waichman LLP have decades of combined legal experience in accident law. Our attorneys fight zealously in order to achieve maximum results for our clients and their families. Accidents, whether related to a car crash or workplace injury, take a toll on victims and their loved ones, and we understand they need a timely, adequate resolution to ease their financial burdens.
EXPERIENCED ACCIDENT ATTORNEYS IN NEW YORK YOU CAN TRUST WITH YOUR CASE
When you find yourself and your family affected by an accident, the experienced New York accident lawyers at Parker Waichman LLP are prepared to fight for your right to compensation.
Our accident and injury law firm in New York has long been recognized as one of the few personal injury firms in the nation to recover over $2 billion for personal injury victims.
Accident Cases That Our Law Firm Handles Throughout the State of New York
Our law firm is committed to advocating for New Yorkers who have suffered injuries or have lost loved ones because of an accident.
We represent people on a wide range of accident cases, including:
- Car Accidents in NY
- NY Truck Accidents
- Motorcycle Accidents in NYC
- New York Pedestrian Accidents
- Trip-and-Fall Accidents in NYC
- Defective Product Accidents
- NY Construction Accidents
- And all other types of injury-related accidents
Contact Parker Waichman LLP to learn more about your options and how we can help you receive the compensation you need during this difficult time.
What does New York’s no fault law mean for accident cases?
Video: What does New York’s no fault law mean for accident cases?
New York’s no fault law is a very good law because it takes care of medical expenses and lost wages for anybody that’s involved. Whether you’re the driver the passenger the pedestrian if you’re injured even if you don’t have medical insurance you’re going to get your medical bills paid up to fifty thousand dollars. You’re going get your wages paid up to fifty thousand dollars.
The fifty thousand is a combination of medical expenses and lost wages. In addition if you meet certain threshold injuries such as a fracture or a disfigurement or a loss of pregnancy or losing the use of your limbs among other things. If you’re out of work from 90 out of 180 days those are all ways that you’re allowed to then not only collect your lost wages and medical expenses but also to recover for your personal injuries such as pain and suffering.
Car Accidents Claims in New York
Car accidents frequently cause severe physical injuries on top of the emotional stress of being involved in a vehicle collision. Parker Waichman’s attorneys have extensive experience litigating these cases and helping victims move forward in the face of potentially disabling injuries.
Road rage, reckless driving, and distracted driving are some of the more common causes of car accidents we see, and sometimes the force of impact is strong enough to demolish the vehicle and lead to serious injuries for occupants. Because of the prevalence of cell phone use while driving now, drivers who are texting, emailing, or browsing the internet are becoming a leading cause of injury and fatality collisions.
In addition, drunk drivers cause a large percentage of accidents, as they drive dangerously while intoxicated — speeding, swerving, failing to obey traffic lights or signs, driving on the wrong side of the road — and end up crashing into another motorist. In these cases, not only can injured parties hold the drunk drivers accountable, they can also sometimes hold the establishment that sold alcohol to the driver at fault. Under New York’s “Dram Shop” laws, you can potentially recover from a bar, restaurant, or club if it sold the alcohol that caused the driver who injured you to become intoxicated.
Parker Waichman also litigates car accidents caused by drowsy driving, speeding, and failure to observe traffic laws, among others. Contact our New York office today to discuss your car accident case and find out whether we can file a lawsuit for your injuries.
Truck Accident Claims in New York
Parker Waichman has decades of experience pursuing recovery for victims of trucking accidents. The destruction in these cases is usually caused by the size of the trucks. These massive tractor-trailers do not respond well to sharp movements, so when a driver starts losing control, the truck can easily topple and crash into several cars in its path.
While New York laws and federal regulations oversee many aspects of the trucking industry, we have found in our practice litigating these cases that truck accidents are often caused by driver-related issues, such as:
- Fatigued driving
- Failure to inspect or maintain the truck
- Driving under the influence of drugs or alcohol
- Reckless driving
Truck accidents can be particularly complicated because of the potential for multiple parties to be involved, including trucking corporations and insurance companies. Truckers are usually on duty at the time of an accident, working for a commercial trucking organization, which means any legal proceedings will involve dealing with fierce corporate insurance lawyers. And when several other motorists have been injured, the process can become disorganized.
At Parker Waichman, we know it is important for your own story to be heard. We know how to handle complex cases, and we know how to deal with insurance companies. We will make sure your rights are protected and the full extent of your injuries is conveyed in your lawsuit.
Motorcycle Accident Claims in New York
While anyone involved in a vehicle collision is at risk for injury, motorcyclists are especially vulnerable to serious injuries. The fact they are on two wheels makes them less stable, and the lack of vehicle cover leaves riders’ bodies more exposed to injury when colliding with another vehicle or with the ground. Statistics show motorcycle riders are almost 30 percent more likely to die from collision injuries than passengers of a car.
Though motorcyclists must generally follow the same traffic laws and vehicle rules as everyone else in New York (with the exception of some additional mandates, like wearing a helmet), motorcycles are actually not considered motor vehicles under New York law. This means that motorcycle riders injured in a collision are not bound by the state’s No-Fault laws that require establishment of serious injuries for recovery.
Because of specific insurance considerations, it is extremely important to hire experienced counsel if you have or a loved one has been injured in a motorcycle accident. The personal injury attorneys at Parker Waichman have the knowledge and skills you need on your side in these cases, and they can begin investigating your claims with one phone call to our New York office.
Defective Product Claims in New York
When products are unsafe or defective, the consequences can be extremely serious. Manufacturers have a legal obligation to make sure the products they sell are safe for use and that the products come with adequate warnings. If a product has a faulty design, manufacturing defect, or inadequate warnings, users of the product can suffer severe injuries.
For instance, when cars have defective parts — like brakes, steering wheels, and airbags — drivers might be involved in a collision, injuring themselves and potentially others. Defects in products like gas or propane heating devices can also cause devastating injuries. In addition, drug and medical device products often lead to injuries when people and their doctors are not adequately warned about the potential side effects of those products.
Parker Waichman’s lawyers are extremely experienced in product liability causes of action and will work to stand up against manufacturers on behalf of New York families.
Construction Accident Claims in New York
When people are injured at their New York workplaces, they have a few avenues for recovery. Most people are familiar with worker’s compensation as a remedy for injuries on the job, but there is also a potential to file a third-party liability lawsuit for work-related accidents. Parker Waichman has significant experience handling these claims, wherein we recover against parties outside of employers. When pursuing these claims, it is important to keep in mind that worker’s compensation carriers will be entitled to reimbursement of paid monies on these claims.
Construction workers are particularly susceptible to injuries on the job because of the type of work they do, and when they are injured, they frequently have to deal with complex OSHA laws. Injuries can occur because of failures in cranes, ladders, scaffolding, forklifts, and other heavy equipment. These are frequently severe, and workers need the best representation available to ensure they receive compensation for medical expenses and lost time on the job.
Parker Waichman’s labor and construction accident attorneys will take your claims seriously and pursue every potential for relief.
Pedestrian Accident Claims in New York
New York has numerous walkable areas, so many people travel by foot for work, errands, and leisure. However, New York also has an alarmingly high rate of pedestrian accidents. Erratic drivers, motorists not paying attention, and generally dangerous driving conditions create an unsafe environment for walkers. When pedestrians are struck by a vehicle, the injuries are usually very serious, often leading to death.
The skilled accident attorneys at Parker Waichman know how traumatic these incidents can be, and we know how to navigate New York’s accident laws to obtain the best possible result for you and your loved ones. Contact us to find out more information about pursuing a claim for damages against the driver who injured you or a family member.
Slip, Trip and Fall Accident Claims in New York
Parker Waichman’s experienced accident lawyers handle both slip-and-fall and trip-and-fall accidents on behalf of injured New Yorkers and their families. Slip-and-fall accidents happen when people slip on a slick surface, like an icy patch or liquid spill. Alternatively, trip-and-fall accidents occur when people trip over an obstruction or defect in their paths.
When these accidents occur, premises owners are often to blame. If they do not pay attention to defects on the sidewalk or in the parking lot, or they do not use care in monitoring the premises and cleaning up spills, customers can be injured. Our lawyers know how to navigate the law in premises liability cases and how to obtain significant compensation for our clients injured in slip-and-fall or trip-and-fall accidents. Contact our New York firm if you have a personal injury claim related to a defect or condition that caused you to fall.
Standard of Liability in New York Accident Cases
In a personal injury accident case, we will generally file a lawsuit alleging negligence on the part of the persons or entities that injured our clients. To recover on a negligence case, we must prove four things using the evidence we can gather:
- The defendant had a duty to use reasonable care during the circumstances when our client was injured;
- The defendant failed to use the level of care that a reasonable person would have used in the same or similar circumstances;
- Our client was injured in some way; and
- Our client’s injuries were caused by the defendant’s negligence.
When the case involves a product, we can also potentially bring an action in strict liability. This means we do not need to prove fault but must only establish that there was a defect in the product or a failure to warn about the product’s risks that caused our client to be injured.
Accident cases can be complicated and always require discovery to uncover exactly what happened and who was to blame. You need skilled counsel on your side to make sure nothing goes unaddressed. The New York personal injury attorneys at Parker Waichman will do everything possible to secure the compensation you need.
Statutes of Limitations on New York Accident Claims
A statute of limitations is a time limit imposed on filing a lawsuit. If you fail to file your case in the right court within the time limit set by New York law, you will never be able to file it, no matter how strong a case it might be.
It might seem unfair at first glance, but states pass statutes of limitations because they want plaintiffs to file their potential claims quickly. If people wait years and years, witnesses’ memories will fade, and documents will be lost or destroyed. If, however, people must file lawsuits soon after accidents take place, their trials will undoubtedly contain fresher, more reliable evidence. Statutes of limitations therefore tend to create stronger cases and to preserve the integrity of the judicial process.
Every state has its own set of statutes of limitations. New York’s statute of limitations on personal injury accident claims is generally three years. You therefore must file your accident claim in New York within three years of the date of the accident. Some factors can change this time calculation, depending on the type of case you intend to file, the nature of your allegations, and the severity of your injuries.
When you hire Parker Waichman to investigate your accident case, we will immediately work to isolate the facts and information we need to arrive at the correct statute of limitations. Because the stakes are so high, we take these time limits extremely seriously. We always make sure we have enough time to preserve evidence and file a case in the right court of law. Contact our firm today to find out additional information about New York’s statute of limitations.
Frequently Asked Questions Regarding Accident Lawsuits, Settlements and Claims in New York
Clients who contact us about their potential accident cases usually have several questions about these claims and the litigation process. Below you will find a list of a few questions we hear most often, along with our answers to those questions.
What Should I Do After a Car Accident?
Following a car crash, in all of the commotion, it can be difficult to know what to do. If you are involved in a car accident in New York, keep these tips in mind:
- Stay at the scene of the accident. After a crash, you do not want to leave the scene. Stay where you are, and wait for help to arrive.
- Check for injuries, and call for help. Check on your passengers to see if anyone has been injured, and immediately call 911 for emergency assistance.
- Move away from traffic. If you are able to move your car, it is much safer to get out of the way of oncoming traffic. You do not want to place yourself in additional danger if you can avoid it.
- Gather and exchange information. If you can get to the other driver, it is a good idea to exchange information, including contact information and insurance information.
- Do not admit fault. If you speak to anyone at the scene, do not admit fault in the accident. You need to wait for your attorney before making any official statement, even to law enforcement.
- Hire an experienced car accident lawyer. If you have been involved in a car accident, you need an experienced lawyer to stand up for your rights. Contact Parker Waichman to ensure your case is fully investigated.
What Kind of Settlement Award Could I Receive?
While we can never guarantee a settlement in any particular case, we can guarantee we will give your case the attention it deserves and work tirelessly to obtain the highest recovery possible. We will include every potential possibility for relief in your lawsuit, which will involve pursuing the following types of damages:
- Past medical bills
- Future medical bills
- Lost wages (current and future)
- Mental and physical pain and suffering
- Punitive damages (if appropriate)
We recognize that your injuries have greatly affected your life, and we want to help you recover for all the ways you have been harmed. Contact our office to find out more information about potential damages in a New York accident case.
What if the Person Who Injured Me is a Friend/Family Member?
If you have been involved in an accident, that can be stressful enough. The stress can then be amplified if the other driver or the person involved in your accident is someone you know or someone as close to you as a family member. You might be worried to pursue any action against this person, but you also have medical bills to pay.
In these situations, a lawyer can be very helpful. Your Parker Waichman attorney can help take the worry off your shoulders and handle everything for you. When tensions are high, lawyers can help resolve the situation without contributing to the emotional aspects of the accident. Call our firm to discuss how we can ease your stress and help you achieve the amicable result you need.
How Can a Personal Injury and Accident Lawyer Help Me?
A skilled personal injury attorney can help you build a solid accident case to make sure you have the best possible chance for recovery. When you hire our firm, your professional litigation lawyer will handle your case with compassion and a detailed eye for investigating all areas of potential allegations.
To pursue the strongest possible case, our legal team will perform many or all the following tasks on your behalf:
- Documenting exactly how you were injured and by whom;
- Drafting a list of potential witnesses and contacting them for interviews;
- Obtaining medical records that document the injuries to have suffered and the treatment you have received;
- Gathering police reports, accidents reports, and any other pertinent documents from the day of your accident or injury;
- Identifying the governing statute of limitations for your claim (the state-determined time during which you must file your lawsuit);
- Consulting with medical experts and industry experts to obtain support for your claim;
- Determining where your case should be filed;
- Drafting and preparing a petition for filing.
Our law firm offers free and confidential New York accident consultations. Time to file a claim is limited by New York Personal Injury Law, so there has never been a better time to discuss your options. Contact our New York Accident Law Firm today to learn your legal options.
Why Retain Parker Waichman LLP?
Throughout our years practicing in New York, as well as several other states, we have earned a reputation for honesty and dedication. Colleagues, judges, and clients have bestowed our firm with tremendous honors, including:
- 8 (out of a perfect 10) Rating by AVVO (a service that rates every attorney in the United States)
- “Preeminent Lawyers” AV Peer Review Rating (Martindale-Hubbell® – a company that, for more than 100 years, has rated attorneys across the United States and the world based on feedback from judges and their peers)
- Highest Ranking of “5 Dragons,” based on peer review by Lawdragon
- Listing in Best Lawyers Publication, determined by Extensive Peer Review
If you have been injured in an accident in New York, our law firm’s respected lawyers will listen to your story and answer your questions about the potential for filing a lawsuit.
Call To Speak With One of Our New York Accident Lawyers
At our New York office, we offer initial consultations at absolutely no cost, and we will investigate your claims without ever asking for money from you up front. We have a reputation for tenacious client advocacy, and we have secured more than $2 billion in compensation for our clients. Contact Parker Waichman today to learn about your legal rights from one of our seasoned accident lawyers.
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