Hempstead Car Accident Lawyers
Car accidents in Hempstead are no joke. In 2017, 29 residents lost their lives in Hempstead car accidents, and 33 the year before. The fact is that car accidents in Hempstead occur at a far greater rate than they do in New York overall. Car accident victims and their families need financial assistance to help them heal, to cover expenses while recovering, and to compensate them for the pain, suffering and distress they’ve had to endure because another driver was careless, reckless or inattentive. The Long Island car accident attorneys at Cohen & Jaffe are the lawyers to turn to when you’ve been injured in a car accident in Hempstead. We’ve secured millions of dollars in compensation for people like you. With our skills and experience in car accident litigation, we’re able to take your case and hit the ground running, building a strong case to achieve a verdict or settlement with maximum compensation. Call Cohen & Jaffe at 866-878-6774 if you’ve been injured in a Hempstead car accident. Our personal injury attorneys will go to work right away getting you the compensation you deserve after being injured by another’s negligence.
What kind of compensation can I recover after a Hempstead car accident?
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New York auto accident law includes no-fault insurance that pays for medical expenses after a crash, including doctor and hospital bills as well as reasonable out of pocket expenses for items such as medical supplies, travel to doctor appointments, and help around the house if you are disabled. No-fault insurance can also cover 80% of your gross wages while you are out of work. This wage loss coverage is limited to only $2,000 up to a maximum of three years. The cap on all of your expenses combined is $50,000 under basic no-fault coverage. Also, you must file for benefits within 30 days of the accident, and all your claims for medical bills must be submitted within 45 days of treatment. Failure to meet these short deadlines can keep you from receiving any no-fault benefits.
If you suffered a serious injury in a Hempstead car crash, you may be able to step outside of New York’s no-fault insurance system and sue the negligent driver for the full amount of your economic damages (medical bills, lost wages) as well as your non-economic damages. So-called non-economic damages refer to other harm you suffer such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of quality of life
- Loss of enjoyment in life
- Scarring, disfigurement, loss of limb
- Loss of consortium or services of a spouse
In order to pursue a claim against the negligent driver, your serious injury must meet one of the following criteria:
- Dismemberment (loss of limb)
- Bone fracture
- Significant disfigurement, such as scarring
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of a body organ or member
- Significant limitation of use of a body function or system
- Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment
Hempstead car accident victims must be able to prove the other driver’s negligence
Additionally, the burden is on you to prove all the elements of your claim. This means you will have to prove by a preponderance of the evidence that the other driver was at fault in causing the crash and causing your injuries. Having an experienced car accident attorney on your side is essential to this process, as you have to prove not only factual cause but legal cause as well. Factual causation, also known as “but for” causation or “cause in fact,” means proving that the defendant’s negligence was the actual cause of the car accident, and the crash would not have happened “but for” the defendant’s negligence. Legal cause, also known as “proximate cause,” means proving that the cause is legally sufficient to hold the defendant liable. In other words, there are no intervening or superseding causes that somehow relieve the defendant of liability. For instance, suppose another driver hits you because his brakes failed. The question then becomes whether the car owner was to blame for the brake failure due to negligent automotive maintenance, or whether the brakes were defectively manufactured, and the driver had no way of knowing the brakes would fail. In this case, liability for the accident may lie with the manufacturer of the defective product and not with the driver. Proving causation may be straightforward, or it may be a highly complex, technical issue requiring a thorough knowledge of legal principles and case law.
You must also be able to prove the nature and extent of your injuries to justify the amount of money damages you are seeking. The insurance company, meanwhile, may vigorously challenge your case, claiming that you are not really seriously injured, that your injuries were not caused by their insured, or that your own negligence caused or contributed to the accident.
Cohen & Jaffe’s Hempstead car accident lawyers have decades of experience helping car accident victims by building a strong case that proves the other driver’s negligence and does not let the crash victim take the blame for any part of the accident they did not cause. Our attorneys work directly with you, your doctors and the insurance company adjusters to make sure you get the medical care you need as well as a full and fair amount of compensation.
Help is Available after a Serious Hempstead Car Accident
If you’ve been hurt in a serious car accident in Hempstead, call Cohen & Jaffe at 866-878-6774 for a free consultation on your claims.