Getting hurt in a drunk driving accident can upend your life in every way. The Law Office of Cohen & Jaffe, LLP can help you pursue compensation if you’re the victim of a drunk driver or a loved one was killed by a drunk driver. You might have a personal injury claim against the driver, or someone who provided alcohol to an already-intoxicated driver or an underage drinker could be responsible for your losses.
Our team is ready to discuss your legal options with you in a free case review. A Long Island drunk driver accident victim attorney from our team is ready to get to work for you.
The Law Office of Cohen & Jaffe, LLP Has Achieved Successful Results for Clients
Our New York DWI accident attorneys, led by Richard Jaffe and Stephen Cohen, have 100-plus years of combined experience in accident litigation. This includes cases representing victims of drunk drivers.
Some of our case results include:
- $4 million for a motorcyclist who was paralyzed after a car hit him
- $1.5 million for a gentleman who needed a lumbar fusion after he was rear-ended
- $1.3 million for a woman who suffered fractures in her nose, neck, and back after getting T-boned by an unmarked police car
- $1.2 million for a child who fractured their skull in a two-car collision
If you were injured or lost a loved one in a drunk driving accident in New York, you are not alone. The Long Island lawyers of the Law Office Cohen & Jaffe, LLP will stand with you. We will pursue every available dollar of compensation.
We also help clients with the immediate concerns and hardships created by a personal injury accident. These can include finding doctors and holding off creditors while a legal claim is underway.
Client Service Is a Fundamental Principle of Our Firm
The Law Office of Cohen & Jaffe, LLP exists to serve our clients. We offer a level of service that we believe is unmatched. As your attorneys, we vow to:
- Listen attentively as you explain your story, ensuring that no detail goes overlooked
- Fight for the financial recovery you deserve, including coverage for existing and future losses
- Respond promptly to any calls, emails, or text messages that you send to our team
- Give you honest, clear answers to any questions that you pose
- Handle your case with the urgency it requires
- Stand tall against insurance companies and other attorneys who are working against your interests
- Keep you aware of all significant developments in your case
Our firm serves the people of Long Island, and we are passionate about pursuing justice. Because our firm handles many cases in Long Island, we know what it takes to win cases like yours. Our attorneys are familiar with the legal system governing Long Island, and we’re ready to handle your case.
We Fit the Criteria of the Law Firm You’re Seeking
Even though we have yet to meet, we believe our firm is right to lead your case. When you’re in a drunk driving accident on Long Island, you should seek a law firm that:
- Has handled drunk driving accident cases before and has emerged victorious in those cases—as we have
- Counts auto accidents as one of its primary practice areas—as we do
- Will assign a lead attorney directly to your case—as we will
- Has a documented reputation for fighting for clients, and for handling those clients with compassion—as we do
You don’t have to search any longer for an attorney, or wonder if we will be able to help you. We are ready, and we can help you. All you have to do is contact us.
Hearing from the Clients Themselves
Some of our past clients wrote about their experience using the Law Office of Cohen & Jaffe, LLP for legal representation.
Their testimonials include:
- “I knew I had made the right decision when I decided on Law Office of Cohen & Jaffe, LLP. From the beginning to the end the entire staff made me feel as if I was family…” – Rosa
- “I’m pretty particular at selecting trusted business advisors… and, when it comes to attorneys, I have to know I have the best. Too much at stake. Jaffe is the best. I wouldn’t have anyone but him as my attorney so I implore him to stay healthy!” – David
- ““When I was hit by a car and lost both my jobs I thought I would be homeless. I had never sued anyone and didn’t think I would get any money. Granted I will suffer from injuries sustained for the rest of my life, but at least I have something to fall back on. This is due to Richard Jaffe handling my case and letting me recuperate and bounce back, with my medical bills paid for, and my wages compensated.” – Steven, former client
These reviews are just three of many that our clients have left. Client satisfaction is our priority. We will work to get the compensation you and your family need after a drunk driving accident.
Who Can We Hold Responsible for a DWI Accident in New York?
In many cases, the drunk driver is solely responsible for the accident and injuries. However, there are cases in which others contribute to a drunk driving crash. We will work to hold them liable as well.
Your lawyer can figure out if anyone else contributed to the crash by:
- Talking to witnesses
- Examining video footage
- Reviewing the police and toxicology reports
- Gathering all relevant facts in your case
Dram Shop Law
New York State adopted dram shop laws intended to hold accountable those who sell alcohol to minors or to drinkers who are already visibly intoxicated. A New York bar, restaurant, or another establishment may have violated this law in your case. If a patron they served ended up causing an accident, the bar or restaurant may be held liable for injuries and losses that result from the accident.
The Driver’s Employer Could Be Liable
If the driver who hit you was working at the time of the accident, the driver’s employer may be legally responsible for their driver’s actions. We may seek compensation through the employer’s business liability insurance. This policy might have a higher coverage maximum than an individual’s insurance.
Your Legal Options As an Impaired Driving Accident Victim
You, as a victim, may have a few options for recovering compensation after a drunk driving accident on Long Island. After reviewing your case, our team can determine which course of action best fits your needs.
Possible avenues to compensation include:
Because New York is a no-fault state, you’ll generally need to turn to your own personal injury protection (PIP) coverage when filing an insurance claim. However, if your injuries are severe—as defined by New York State law—you may sue the drunk driver for additional compensation.
You might also have the option to file a third-party claim with the at-fault driver’s auto insurer. This could allow you to secure compensation for your medical expenses from bodily injury and vehicle repairs.
A NY DWI victims’ attorney with our firm can represent you and serve as your legal advocate if you were injured in a drunk driving accident.
Personal Injury and Wrongful Death Lawsuits
A person injured in a car accident may pursue a personal injury lawsuit. This allows the injured party to seek more compensation than PIP or auto liability insurance may provide.
Pursuing a lawsuit generally requires you to demonstrate that the defendant was legally responsible for your accident. We may have a limited time to take action on your behalf. Depending on what happened to you or your family member, you may file one of two lawsuit types:
- 1) Personal injury: CVP § 214 generally allows three years for claimants to bring a personal injury lawsuit.
- 2) Wrongful death: EPT § 5-4.1 generally gives you two years to file a wrongful death lawsuit.
Failure to comply with these deadlines might prohibit you from pursuing any compensation for your losses. If you let us know about your case soon, we will work hard to get all your paperwork in before the deadline expires.
What Can You Recover From Your DUI Accident Case in NY?
New York law recognizes economic and non-economic losses in a personal injury claim. Economic damages are monetary losses, such as the cost of medical bills and property damage (the replacement of your vehicle or repairs). Non-economic damages may be awarded for your pain and suffering.
A fatal drunk driving accident may be the basis for a wrongful death claim, which allows the victim’s surviving family members to seek specific types of damages. These damages may include compensation for:
- The decedent’s medical costs
- Funeral and burial expenses
- The loss of the decedent’s income, support, guidance, and services
The driver’s actions could equate to gross negligence or reckless disregard for human life. We might argue this if the other driver had an extremely high blood-alcohol concentration (BAC) level. You might be entitled to seek punitive damages in this instance.
You Must Demonstrate the Other Party’s Negligence to Recover Compensation
Demonstrating legal responsibility for a car accident generally requires showing negligence occurred.
Negligence occurs when:
- A party owes you a duty of care: Every motorist on Long Island has a duty of care. This duty of care means that they must act reasonably at all times, refraining from behaviors that put others at risk.
- A party breaches their duty of care: In the case of the driver, operating their vehicle while drunk will likely qualify as negligence. Establishments that overserve an intoxicated individual or serve alcohol to a minor may also breach their duty of care.
- The party’s actions contribute to your accident: Our team will work to prove “causation” between a liable party’s actions and your accident.
After establishing these three points, we will demonstrate the damages you’ve experienced because of your accident. This will tie the liable party’s actions directly to your losses.
We Offer All Our Services on a Contingency-Fee Basis
Proving negligence, assessing your damages, and filing a claim or lawsuit – among other tasks – might seem difficult to do while you’re trying to recover after an accident. Our lawyers can take charge of your entire case on a contingency structure.
In other words, we will work for you for no upfront, hourly, or out-of-pocket fee. We receive a percentage of your award to pay for our services. If we can’t recover compensation for you, you don’t pay us anything.
With this payment arrangement, there is no financial risk.
What You Can Do to Help Your Case
Your lawyer will handle your entire case. However, there are things you can do to protect yourself and your right to compensation.
Keeping a Journal
Every day, you may jot down:
- How you’re feeling physically and emotionally
- Activities you can and cannot do
- What you did during the day
- Details of your treatment plan
Abstaining From Social Media
It is understandable if you want to share your horrible experience of the drunk driving accident with your friends and family. However, the insurance company might find a way to access the posts and twist your words. They might do this to protect their bottom line during negotiations.
Directing All Case-Related Phone Calls to Your Lawyer
When the insurer asks for a recorded statement, they might try to get you to admit fault or say that your injuries aren’t that serious. We’re familiar with these tactics. So, refer them to us if they ever call you.
New York Drunk Driving Laws
New York has multiple DUI laws meant to help law enforcement and criminal justice officials combat drunk driving. A person arrested for alcohol consumption after a motor vehicle accident in New York may be charged under laws related to:
- DWI (driving while intoxicated): A DWI charge indicates the driver had a blood-alcohol concentration (BAC) of .08% or higher.
- DWAI (driving while ability impaired): This is a charge available if a driver’s BAC is between .05% and .07%. The driver may have demonstrated impairment in roadside tests or while under police observation.
- DWAI/drugs: This charge may be filed if police suspect a driver has ingested non-alcoholic substances that have impaired his or her ability to drive.
- Drugs: Recreational drugs, prescription medications, and over-the-counter drugs can alter motor function and cognitive abilities enough to impair driving.
- Chemical test refusal: According to New York DWI laws, a driver has the right to refuse a blood, breath, or urine test. However, those who refuse to be tested and are convicted of DWI could lose their license and may be fined $500.
- Zero-tolerance law: Anyone under the age of 21 (the legal age to drink alcohol) who is caught driving with a BAC of .02% or higher can be charged with DWI.
If the driver who hit you is charged with a drunk driving violation or a related charge, they may face criminal prosecution. However, a criminal conviction will not provide compensation to cover your medical bills.
You will need to file a separate civil lawsuit to hold the drunk driver accountable for the injuries and financial losses you’ve suffered.
Call the Law Office of Cohen & Jaffe, LLP for a Free Consultation
The Law Office of Cohen & Jaffe, LLP will stand up for you and pursue every dollar of compensation available to you as the victim of a drunk driver.
Call us today for a free case evaluation. We can even come to you if that is more convenient.
For a free legal consultation with a lawyer serving Long Island, call 516-358-6900