If you’ve been struck by a vehicle, regardless of whether you think the driver has been negligent or not, you need to get a lawyer immediately and sue the driver. Sometimes, people underestimate the amount of damages they will sustain by reason of a car accident and settle for a lower amount. However, you must remember that you are entitled to damages, which should include medical expenses, lost wages, and future lost earning capacity. It may also include property damage, physical pain, loss of enjoyment in life, emotional trauma, and pain and suffering. An attorney, like us, can help you write a demand letter on your behalf to the car’s insurance company to set the stage for settlement negotiation.
If you’ve been struck by a vehicle, we at the Law Offices of Albert Goodwin are available for an immediate free consultation. You can call us at 718-509-9774 or send us an email at firstname.lastname@example.org.
Legal obligation to stop and share contact and insurance information
When a car accident happens, whether it involves two cars, a car and a bike, a car and a pedestrian, or a car and property of another, New York law requires that the driver stop to see if anyone is injured or if there is any damage, to share contact, license, and insurance information with the other party, and to call 911 or report to the nearest police station if someone has been seriously injured or killed. If one fails to observe this procedure, he can incur penalties which may include a fine, court costs, other fees, and jail time.
Elements of negligence
If you’ve been struck by a vehicle, a personal injury attorney, like us, can help you prove that the driver owed you a duty of care, the driver breached that duty of care, the driver’s actions caused you harm, and because of the driver’s actions, you’ve suffered a physical, emotional, and/or financial injury.
What to do if you’ve been struck by a vehicle
Although the requirements for negligence appear straightforward, each element has to be proven with as much documentary and testimonial evidence as possible. For this reason, you need to gather enough evidence to strengthen your claims. This includes the police report, medical reports regarding your injuries, photographs of the accident scene, photographs of injuries, medical bills and expenses, and a list of all property damage and repair expenses. If you are claiming for lost wages and future lost earning capacity, you need your pay stubs, bank statements, and tax returns to show how much you were earning and a medical report from your doctor stating the time you need to stay home for recovery.
A personal injury attorney, like us, will guide you through the process and will be able to tell you how much time you have after your accident to file a lawsuit. Generally, it’s three years from the time of the accident, but the periods are shorter if the claim is against the state, the city, or the municipality. You need to be ready to file your claim, even if you’re still negotiating with the insurance company. If you do it yourself, the insurance company might try to negotiate with you for a long time, just enough for the statute of limitations to expire and for your period to file a lawsuit to lapse.
If you’ve been struck by a vehicle and you need assistance, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 718-509-9774 or send us an email at email@example.com.