Car Accident Lawyers In Utica, NY, Helping Victims Recover Fair Compensation
Every day there seems to be more and more traffic on the roadways. To make matters even worse, there are more cases of distracted driving, which leads to more motor vehicle accidents. The personal injury lawyers of Passalacqua & Associates, LLC, have extensive experience in dealing with personal injury cases that can result from motor vehicle accidents.
If you have sustained injuries from a motor vehicle accident, the first thing that you need to do is speak with an attorney. Any type of delay could end up costing you in the future. After you have been involved in a serious accident, you most likely will be unable to work and provide for yourself or your family. In most cases, even with health insurance, you will have substantial medical bills related to the accident as well as property damage.
The law firm of Passalacqua & Associates, LLC, recognizes the stress and emotional trauma you are experiencing. Sadly, often the only way to hold the responsible party accountable for their negligent actions is to file a claim. If you have questions regarding your accident, contact our law offices by calling (315) 500-6425 to schedule an appointment for a free strategy session with one of our personal injury attorneys from Utica.
What Are Some of the Most Common Causes of Vehicle Accidents?
Most of us think nothing of getting in our vehicle and traveling to our destination without any thought of possibly being injured in an accident. These factors commonly cause accidents, however:
Distracted Driving: This does not simply refer to talking on the phone or texting and driving. Eating, reading, applying makeup, or paying attention to other passengers in the car, especially children, can also contribute to being distracted and causing an accident.
Intoxicated Driving: Driving while under the influence of alcohol or drugs is extremely dangerous to any other driver that the intoxicated driver may encounter on the road. Although intoxicated driving comes in second place to distracted driving as the number one cause of accidents, it is still the deadliest.
Speeding: In today’s world, many motorists seem to be in a rush to get to their destination. High rates of speed can cause deadly car crashes or life-altering consequences for those who survive.
Reckless Driving: Driving well over the posted speed limit, aggressive driving in the form of excessive lane changes, or tailgating can lead to accidents that can cause serious injury or even death. Oftentimes, individuals harmed are simply innocent victims, not the person who was at fault for causing the accident.
Wrong-Way Driving and Improper Turns: Wrong-way drivers are often intoxicated. A vehicle going the wrong way can cause serious consequences for any other motorist they may encounter. Improper lane changes or failing to signal are also leading causes of motorcycle accidents.
Rain: Driving in the rain can obviously be unavoidable at times, and drivers should pay strict attention to the road at all times. Driving at excessive speeds on slick roads coupled with defective equipment such as unsafe tires or brakes is an accident waiting to happen.
No matter what type of accident may have caused your injuries, our law firm is committed to fighting for justice for you. If the other driver is found to be negligent, you may be able to recover money in order to help reimburse you for bills such as medical expenses or other debts you may have incurred as a result of the accident.
We are dedicated to recovering fair compensation for our clients.
How Much is My Car Accident Settlement Worth?
In New York state, there are several factors that come into play when determining how much your motor vehicle accident claim may be worth. Some of those specific factors include the following:
Who was at fault: Being partially at fault for an accident does not render you ineligible to receive financial compensation for your accident, but it may affect the actual amount that you may be awarded.
Economic Losses: These are verifiable financial losses that you have suffered due to the accident. Some examples include past and future medical expenses, loss of past and future earnings, loss of use of property, and loss of employment.
Non-Economic Losses: These types of losses refer to a physical injury that is directly relatable to your accident, in addition to mental anguish, pain, suffering, and loss of enjoyment of life.
Insurance Coverage: Insurance companies will not pay more than a policy limit states. For example, even if your claim totals $50,000, if the other driver’s policy limit stops at $25,000, this is the amount that you will receive, regardless of your losses.
Does My Case Have to Go to Trial in Order for Me to Receive Compensation?
Typically, settlement offers are negotiated and reached out of court. However, should the other driver’s insurance company dispute the claim, it may be necessary to ligate the case in court.
Our legal team values each attorney-client relationship, and if it does become necessary to try your case, we will keep you updated on all of the information that is available to us as we move forward with your claim.
If you are offered a settlement, this basically means that you will receive a guaranteed payout for your claim. This means that the pending lawsuit is dropped when an agreement that is mutually satisfying to both parties has been reached and put into writing. It also means that you cannot seek further damages at a later date.
The state of New York does not require the two parties to hold mandatory settlement conferences or participate in other alternatives to legal action in car accident cases. However, this is not true of cases that involve claims for medical malpractice that may stem from treating injuries in a car accident. Nevertheless, you should also be aware that a judge may encourage either an informal or formal conference in which your attorney will discuss settlement options with both you and the other party.
Is There a Statute of Limitations For Car Accidents in New York?
Under New York state laws, there is a strict time limit on when you are permitted to file a lawsuit that pertains to a car accident. This time limit is known as the statute of limitations. In New York, the specified time limit allowed in which you may file a claim for your injuries is three years. If a plaintiff attempts to file a lawsuit after the statute of limitations has already expired, the court will throw out the case, unless it determines that there are extraordinary circumstances,
There are some notable exceptions to the three-year time limit that is imposed under this statute, however. For example, if a victim dies as a result of a car crash, the deceased’s family or representatives typically only have two years in which they can file a suit. This law is in accordance with New York’s wrongful death statute of limitations.
As a general rule, the statute of limitations begins on the date that the car accident occurred. You may feel that you have plenty of time in which to file your claim. Nonetheless, it is imperative that you speak with a qualified car accident lawyer as soon as possible. Often, evidence is lost or destroyed. In addition, witnesses may move away, their memory of the accident may fade as time passes, or they may die. This is why it is imperative that you file your claim as soon as possible.
Why Should I Hire a Car Accident Lawyer to Help Me After Being Injured?
Mistakenly, many individuals believe that if they have sustained serious injuries in a car accident, all they need to do is file a claim. Then, the insurance company will honor their obligations and take care of the rest.
Unfortunately, this is not always the case, and many victims of car accidents find themselves having to deal with the insurance company trying to delay, undervalue, or even deny their claim.
The attorneys of Passalacqua & Associates, LLC recognize that this is a very stressful time for you and your family. The last thing that you need to be worried about is whether or not the insurance company will pay for your pain and suffering, lost wages, and inability to work.
Our legal team is committed to holding those who were negligent responsible for your injuries. We are very skilled when it comes to negotiations with the insurance company, and our goal is to always get you the maximum amount that your settlement may be worth.
Contact the law firm of Passalacqua & Associates, LLC, and let us know how we can be of service to you. We will review your case, answer any questions that you may have, and determine the best strategy in order to successfully handle your case. In order to schedule an appointment to meet with a member of our legal team, please call (315) 500-6425 and schedule a free strategy session. We look forward to serving you in the near future.