If you are involved in a car, truck, or bus accident call the police as soon as you are able. Next, get the names and contact information of the parties involved, as well as any witnesses, and take pictures of the accident site, vehicles, and your injuries. If you are seriously injured and cannot carry out these tasks, ask for help.
If you’re injured in a car accident on Long Island, the first and most important step is to seek medical attention. Even if you feel fine, it’s possible that you have internal injuries or injuries that don’t show symptoms right away.
Getting the care you need will prevent your injuries from worsening. Importantly, the medical records will help to document your injuries and treatment – make sure you keep copies of medical bills, prescriptions, and other relevant documents to support your claim.
Also, you must file a Report of Motor Vehicle Accident within ten days if the crash caused $1,000 in damages or more with the New York Department of Motor Vehicles. Failing to do so may result in a license suspension. You should consult with an attorney prior to filing your report for advice pertaining to your specific situation.
Once your recovery is underway, if not sooner, contact a car accident attorney. When you work with our firm, we will help you understand your legal options and fight to win you just compensation. We understand your physical, emotional, and financial burdens and can help to lift those burdens by providing you with trustworthy advice and guidance.
Car accident injuries can range from minor cuts and bruises to serious, life-threatening injuries. Some common types of car accident injuries include:
- Sprains and strains occur when the head or other body parts are suddenly jerked back and forth, causing the muscles and other soft tissues to stretch and tear. Symptoms can include pain, stiffness, and headaches.
- Broken bones in the arms, legs, ribs, and other parts of the body are common in car accidents. Treatment can involve surgery, casting, and physical therapy.
- Back injuries such as herniated discs, spinal cord injuries, and paralysis may require surgery, physical therapy, and pain management.
- Traumatic brain injuries can result from a blow or jolt to the head. Symptoms can include headaches, dizziness, confusion, and memory loss.
If you’ve been injured in a car accident on Long Island, you may be able to collect compensation for your medical expenses and lost wages from your No-fault insurer. Compensation for your injury, pain and suffering, and other damages will require a claim against the at-fault motor vehicle owners and operators, and perhaps others. However, the amount you can collect depends on the severity of your injuries and other factors. The best way to protect your rights is to have the powerful representation our firm provides.
Car accidents just don’t happen. According to the National Highway Traffic Safety Administration (NHTSA), over 90 percent of car crashes are caused by human error. The most common causes of car accidents on Long Island include:
- Distracted driving – Cellphone use and texting while driving are leading reasons for distracted driving; however, drivers can also be distracted by other passengers, GPS navigation, eating, drinking, and daydreaming.
- Speeding – Driving at excessive speeds is inherently dangerous because drivers have less time to react to traffic conditions. Also, speeding can lead to high-impact collisions, resulting in catastrophic and fatal injuries and even death. Pedestrians are at particularly high risk.
- Driving under the influence – Drunk and drugged driving is not only dangerous it is illegal. Despite the penalties for DUI, drunk driving continues to be a leading cause of car accidents.
- Improper turns – Traffic lights, designated turning lanes, and turn signals help to prevent car accidents; however, drivers frequently make improper turns with tragic consequences. Examples of improper turns include turning without signaling, turning at a red light when there is a “no turn on red” sign, turning at a traffic signal without stopping, and failing to yield the right of way.
- Reckless Driving – Reckless driving is a moving violation under New York traffic law, punishable by fines, jail time, and a potential license suspension or revocation. Examples of reckless or aggressive driving include speeding, running red lights and stop signs, sudden braking, and tailgating.
- Teen Driving – Teenage drivers are at a greater risk of being involved in car accidents due to their inexperience. Teenagers often underestimate or fail to recognize dangerous situations and are more likely to drive under the influence of drugs or alcohol and text while driving.
In addition to driver errors, car accidents can also be caused by vehicle defects, in which case the automaker or distributor may be held liable through a product liability lawsuit. Finally, road defects and debris can also contribute to car accidents. In these situations, injured parties may be able to file a claim against the government agency responsible for road and highway maintenance.
No matter the cause, you need an experienced attorney by your side. At Miller, Montiel & Strano, we know how to hold negligent drivers accountable and have decades of experience negotiating and litigating car accident cases. Rest assured, we will work tirelessly to protect your rights in and out of the courtroom.
According to the Institute for Traffic Safety Management and Research (ITSMR), car accidents are common on Long Island, as the most recent data show:
Long Island 2021 Car Accident Statistics (Nassau & Suffolk Counties)
|Property Damage Only
Given these grim statistics, the chances of being in a car accident on Long Island are high. That’s the bad news. The good news is that our firm is here to protect your rights if you have suffered injuries in a car accident.
New York is a no-fault insurance state for purposes of car accidents. This means if you’re injured in a car accident, you must tap your own insurance to cover your medical expenses, lost wages, and other damages up to a certain amount, regardless of who was at fault for the accident.
In addition, all drivers must carry liability insurance. Liability insurance covers damages to other drivers and their vehicles if you’re at fault for an accident. The minimum liability insurance limits are:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $10,000 for property damage per accident
This may seem straightforward; however, insurance policies contain complex language and provisions that insurance companies rely on to deny valid claims. For this reason, having an experienced Long Island car accident attorney handle your claim is essential.
Under New York State law, all drivers are required to carry liability insurance, which covers damages to other drivers. However, not all drivers comply with this law, and some drivers may carry only the minimum liability insurance required, which may not be enough to cover all the damages in an accident.
If you’re in an accident with an uninsured or underinsured driver, you may still be able to collect compensation for your injuries and other damages. This can be a complex and difficult process, however, so working with an experienced car accident attorney is a wise choice.
Your attorney will look to other sources for compensation, such as your own insurance company or the driver’s personal assets. They may also be able to help you file a lawsuit against the driver to collect compensation for your injuries and other damages.
In New York, all drivers must carry a minimum of $25,000 in Uninsured Motorist (UM) coverage. This type of coverage provides protection to drivers who are involved in an accident with an uninsured or underinsured motorist. Uninsured motorist insurance covers medical expenses, lost wages, and other damages.
To file a claim for UM coverage, the following steps are usually taken. When we are retained by a car accident victim, we immediately do the following:
- Contact insurance company – As soon as possible after the accident, we contact your insurance company to report the accident and file a claim. Your insurance company will need to know the details of the accident, including the date, time, and location, as well as the names and contact information of any other drivers involved.
- Provide documentation – Your insurance company will require documentation that supports your claim, such as medical bills, receipts for any out-of-pocket expenses, and police reports.
- Cooperate with the investigation – Your insurance company will investigate the accident to determine the extent of the damages and the amount of coverage that you are entitled to. You may be asked to provide additional information or to cooperate with the investigation in other ways.
- Negotiate a settlement: Once your insurance company has completed its investigation, the insurer may offer a settlement amount based on the damages you have suffered. We negotiate with your insurance company to try to increase the settlement amount if you and we believe that the offer is insufficient.
If you are unable to reach a settlement with your insurance company, we may need to file a proceeding to recover compensation for the damages you have suffered. Let our experienced Long Island car accident attorney handle all dealings with your insurer. Insurance companies have an unfair advantage over injury victims, but we have the knowledge, skills, and experience to level the playing field.
Under New York Law, leaving the scene of a car accident involving injuries or property damage is illegal. All drivers must stop, remain at the scene, render aid if possible, and call law enforcement. Although leaving the scene of an accident is illegal, drivers often flee because they:
- Were driving under the influence
- Were driving with a suspended license
- Don’t have automobile insurance
No matter the reason, leaving the scene of a car accident involving injuries is never justified. If the hit-and-run driver is apprehended, our attorneys will work to hold them accountable. With traffic surveillance cameras on roads and highways throughout Long Island, the police may be able to identify the driver who caused the accident. If the driver is not caught, you can look to your UM coverage; hit-and-run drivers are considered “uninsured” drivers.
At Miller, Montiel & Strano, we are committed to keeping the roads and highways safe for all by vigorously pursuing hit-and-run accident claims.
If you’ve been injured in a car accident on Long Island, you can only recover compensation for your injury, pain and suffering if you suffer a “serious injury”. Under New York automobile insurance law, a “serious injury” has several definitions, including one that results in a broken bone(s), one that results in significant and long-lasting impairment of a body function or system, or that causes a substantial limitation of use of a body function or system, one that causes loss of a fetus, as well as other types of losses.
One of the most important factors in determining whether an injury is a “serious injury” is the extent of the impairment or limitation it causes. For example, an injury that causes a minor contusion or temporary pain may not be considered a “serious injury”, while an injury that results in permanent disability or loss of a limb would be considered a serious personal injury.
Another important factor in determining whether an injury is a serious personal injury is the duration of the impairment or limitation – it must be long-lasting and have a significant impact on the injured person’s life. In some cases, injuries may continue to cause impairment or limitation for years or even for the rest of the injured person’s life. It is important to know the determination of what is or isn’t a “serious injury” is very case specific and our attorneys should be contacted in order to evaluate your situation.
Examples of serious injuries include:
- Traumatic brain injuries can result from a blow or jolt to the head and may cause long-lasting impairment of cognitive, motor, or sensory functions.
- Spinal cord injuries can cause permanent paralysis or loss of sensation in parts of the body.
- Burns can cause permanent disfigurement and scarring, as well as impaired mobility.
- Loss of limbs (amputations) can cause permanent disability and significant limitations on the injured person’s mobility and ability to perform daily tasks.
- Fractures that result in long-lasting impairment or limitation, such as those that require surgical intervention or cause chronic pain, may be considered serious personal injuries.
Our attorneys can help determine whether your injury meets the criteria for a “serious injury” under New York law. You may be entitled to compensation for your injury, pain and suffering, disability, loss of enjoyment of life and other damages. However, the process of recovering compensation can be complex and difficult. It takes an experienced personal injury lawyer to build a strong case. We will leverage our skills and experience to help you obtain the compensation you deserve.
The statute of limitations in New York for filing a personal injury lawsuit after a car accident is generally three years from the date of the accident. However, there are exceptions to this rule, and the specific timeframe can vary depending on the circumstances of your case, and in some cases can be as short as one year. Determining if a lawsuit is timely started within the time provided by the statute of limitations is highly technical. Do not wait. Consult with our experienced attorneys as soon as possible.
It’s important to contact an experienced attorney as soon as possible after your accident to ensure that you don’t miss any important deadlines. Some filing deadlines are as short as thirty (30) days from the day of the accident.. Failing to file a lawsuit within the statute of limitations can result in the loss of your legal rights to collect compensation for your injuries and other damages. Failing to meet other filing periods can have significant negative effects on your rights as well. The sooner you contact our office, the sooner we can start working on your claim.
Car accidents can have a significant impact on your life, both financially and emotionally. After an accident, you may be entitled to compensation for both economic and non-economic damages. Economic damages refer to the financial losses that you have suffered as a result of the accident, while non-economic damages cover intangible losses.
Economic damages include:
- Medical expenses – This includes the cost of hospitalization, doctor’s appointments, medications, and rehabilitation.
- Property damage – This includes the cost of repairing or replacing your vehicle, as well as any personal property that was damaged in the accident.
- Lost wages – If you were unable to work as a result of the accident, you may be entitled to compensation for the wages that you lost.
- Loss of earning capacity – If you are unable to work in the future due to your injuries, you may be entitled to compensation for the wages you would have earned.
Non-economic damages include:
- Pain and suffering – This refers to the emotional and physical pain and suffering that you have experienced as a result of the accident.
- Emotional distress – This includes psychological injuries such as anxiety, depression, and post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life – If your injuries have prevented you from enjoying your hobbies, social activities, or other aspects of your life, you may be entitled to compensation for the loss of enjoyment.
- Loss of consortium – This refers to the loss of companionship, affection, and sexual relations with a spouse or partner as a result of the accident.
- Permanent disfigurement/scarring – If the accident has left you with permanent scarring or disfigurement, you may be entitled to compensation for the emotional distress and negative impact on your quality of life.
Depending on the circumstances, you may also be entitled to punitive damages if the other driver’s conduct was egregious or illegal (e.g. drunk driving, reckless driving). These damages will punish that driver’s wrongdoing and may deter others from similar misconduct.
The amount of compensation to which you are entitled can vary greatly depending on the severity of the accident and the extent of your injuries.
Our experienced Long Island car accident attorneys will work strategically to determine what level of compensation is appropriate. We regularly collaborate with a respected network of medical and vocational experts to assess injuries resulting from car accidents. Our objective is to win you compensation that considers all your financial and medical needs, now and in the future.
If you have lost a close family member in a car accident caused by the negligence or recklessness of another driver, we can file a wrongful death lawsuit on your behalf. Depending on the circumstances, you may be entitled to compensation for final medical expenses, funeral and burial expenses, and the loss of guidance and support your loved one would have provided. Money can never replace a life, but you deserve justice and compensation to secure your financial future. You can depend on us to provide you with the informed guidance and emotional support you need during this difficult time.
If you have been involved in a car accident, you may be wondering if you have a valid case. There are several factors that you should consider:
The first thing you need to determine is who is at fault for the accident. If the other driver was at fault, you may have a valid case. However, if you were at fault for the accident, pursuing compensation may be more difficult, however being somewhat at fault does not mean you do not have a case.
If you were injured in the accident, you may have a valid claim. As mentioned above, injuries can range from minor cuts and bruises to more serious injuries such as broken bones, spinal cord injuries, and traumatic brain injuries.
You must have suffered damages as a result of the accident in order to have a valid car accident case. Damages can include medical expenses, lost wages, property damage, and pain and suffering.
It’s important to have evidence to support your claim. This can include police reports, witness statements, medical records, and photographs of the accident site and your injuries. Working with an experienced car accident attorney is the best way to collect evidence after a car accident.
Understanding your insurance coverage and the types of compensation that may be available is crucial. When you work with us, we will carefully review your insurance policy and explain your rights. We know how to read the fine print in insurance policies and look for loopholes that may impact your rights.
Determining whether you have a valid car accident case can be a complex process. You must consider factors such as liability, injuries, damages, evidence, and insurance coverage. That’s where Miller, Montiel & Strano can assist you. If you have suffered a serious personal injury, you can trust us to handle all the details of our case so you can focus on recovering.
If you file an uninsured motorist claim with your insurer, it will likely be settled through negotiations. Our attorneys have extensive experience negotiating car accident claims with all the major insurance carriers and will work to achieve the best possible outcome.
If you suffer a “serious injury”, our attorneys are fully prepared to take the other parties and their insurance companies to court if they refuse to pay the full value of your claim. We know our way around the bargaining table and the courtroom and will do what it takes to protect your rights in any forum.
If you are not a U.S. citizen and you have suffered injuries in a car accident on Long Island, you have a right to bring a car accident case. However, there are certain factors to be aware of:
- Immigration status: Your immigration status may impact your ability to bring a car accident case in New York. If you are in the U.S. illegally, you may still be able to bring a car accident case, but you may face additional challenges.
- Access to healthcare: If you are not a U.S. citizen, you are still entitled to No-fault benefits to pay for your medical treatment.
- Language barriers: If you are not a fluent English speaker, you may face language barriers when it comes to navigating the legal system.
- Insurance coverage: In New York State, drivers are required to carry no-fault insurance, which provides coverage for medical expenses and lost wages regardless of who was at fault for the accident. The other party’s insurance coverage is still available to compensate you for your injuries and losses.
If you are a non-U.S. citizen and you have been involved in a car accident, we can help you navigate the legal system and ensure that your legal rights are protected.
If you have been involved in a car accident and are considering pursuing a personal injury claim, working with the right car accident attorney is the best way to protect your rights and interests.
Here are some factors to consider when looking for a car accident attorney:
Look for an attorney with experience handling car accident cases. An experienced attorney will be familiar with the legal process and know how to navigate the complexities of your case.
Communication is key when working with an attorney. You need an attorney who is responsive and communicates clearly and effectively. Your attorney should keep you updated on the progress of your case and answer any questions you may have.
Look for an attorney with a solid reputation in the legal community. Check online reviews and ask for references to get a sense of the attorney’s track record.
A qualified attorney will have the resources to handle your case, such as access to medical experts, accident reconstruction specialists, and other professionals who can help build a strong case on your behalf.
Most personal injury attorneys handle cases on a contingency fee basis, meaning that they only get paid if you receive a settlement or win a judgment in court. This can help alleviate the financial burden of pursuing a personal injury claim.
You should feel comfortable working with your attorney and trust they will listen to your concerns, understand your goals, and fight for your rights.
Ultimately, finding the right car accident attorney is crucial if you want to pursue a personal injury claim. Working with an accomplished attorney can increase your chances of achieving a successful outcome.
If you have suffered injuries in a car accident, you may be wondering about the timeline and steps involved in a personal injury case. Here’s a breakdown of what you can expect:
- Seek Medical Attention – The first step after a car accident is to seek medical attention. Delaying medical treatment can make your injuries worse and can negatively impact your injury claim.
- Contact Your Insurance Company – After seeking medical attention, you should contact your insurance company to report the accident. Your insurance company will investigate the accident and begin processing your claim.
- Hire a Car Accident Attorney – If you have suffered serious personal injury or damages, it’s important to hire a car accident attorney to help you navigate the legal system and protect your rights.
- Investigation – Your attorney will begin investigating the accident. This may involve gathering evidence such as witness statements, police reports, and photographs of the accident scene. They may also consult with experts such as accident reconstruction specialists and medical professionals to build a strong case on your behalf.
- Demand Letter – Once your attorney has gathered all of the necessary evidence, they will send a demand letter to the other driver’s insurance company. The demand letter will outline the damages you have suffered as a result of the accident and the amount of compensation you are seeking.
- Negotiations – After receiving the demand letter, the other driver’s insurance company will typically enter into negotiations with your attorney to reach a settlement. Your attorney will work to negotiate a fair settlement on your behalf.
- Lawsuit – If a settlement cannot be reached, your attorney may file a personal injury lawsuit against the other driver. This will initiate the legal process and begin the discovery phase of the case. During discovery, both sides will exchange evidence and take depositions to build their case.
- Trial – If the case proceeds to trial, both sides will present their case to a judge or jury. The judge or jury will then determine the outcome of the case, including the amount of compensation you are entitled to receive.
- Appeal – If either party is unhappy with the outcome of the trial, they may file an appeal. An appeal will be heard by a higher court that will review the trial court’s decision to determine if any errors were made.
While no two injury cases are the same, by understanding the timeline and steps involved in a car accident case, you can be better prepared for the legal process and increase your chances of achieving a successful outcome. You can depend on our legal team to guide you through all aspects of the process and stand by you every step of the way.
You may think you have a slam-dunk case, but it’s important to understand why car accident victims can lose lawsuits. Some of the top reasons include:
- Lack of Evidence – One of the primary reasons that car accident victims lose lawsuits is a lack of evidence. In order to prove your case, you must provide evidence that shows the other driver was at fault for the accident. This may include witness statements, police reports, photographs of the accident scene, and medical records. Without this evidence, it can be difficult to prove your case in court.
- Comparative Negligence – In some cases, the victim may have contributed to the accident. If it can be shown that you were partially at fault for the accident, your damages may be reduced.
- No-Fault Insurance – You may be able to recover lost wages and medical expenses under your insurance policy; however, no-fault insurance does not cover damages for pain and suffering, which can only be recovered through a personal injury lawsuit. If your injuries do not meet the serious injury threshold, you may not be able to recover these damages.
- Statute of Limitations – The statute of limitations provides a time period following an accident within which a lawsuit must be started. If you wait too long, you may forfeit your legal rights. Also, if your case is against a government agency, you must file a Notice of Claim, generally within 90 days (and in some cases less) of the accident. Failure to file on time may result in a dismissal of your case. Do not waste any time; call us as soon as possible.
- Insurance Company Tactics – Insurance companies are in the business of making money, and they often attempt to avoid paying out large settlements. This may include offering lowball settlements, delaying the claims process, or denying the claim altogether. You are at a disadvantage when dealing with insurance companies without an experienced car accident attorney on your side.
- Failure to Mitigate Damages – If you have been injured in a car accident, you have a duty to mitigate your damages. This means taking reasonable steps to minimize your losses. For example, if you are unable to work due to your injuries, you should make an effort to find alternative employment. Failure to mitigate your damages can be used against you in court.
- Inconsistent Statements – In order to prove your case, you must be consistent in your statements about the accident. Providing inconsistent statements to police, insurance adjusters, or in court can be used against you. This can damage your credibility and make it more difficult to prove your case.
- Pre-Existing Conditions – If you had a pre-existing medical condition that was aggravated by the car accident, it can be difficult to prove that the accident was the sole cause of your injuries. The other driver’s insurance company may argue that your injuries were pre-existing and not caused by the accident.
- Settlement Offers – In some cases, car accident victims may be tempted to accept a settlement offer from the other driver’s insurance company without consulting an attorney. However, these offers are often far lower than what you may be entitled to. If you accept a settlement offer, you may be waiving your right to pursue additional damages in court.
In sum, car accident victims may lose lawsuits for several reasons. By working with a seasoned personal injury attorney, you can avoid these pitfalls and obtain the compensation you deserve.
If you have been involved in a car accident and are considering pursuing a personal injury claim, one of your primary concerns may be the cost of legal fees. Here’s what you need to know:\
Many car accident attorneys work on a contingency fee basis. This means that they only get paid if you receive a settlement or win a judgment in court. Typically, the attorney will take a percentage of the total amount recovered as their fee. The exact percentage can vary, but it is typically around 33 percent of the total recovery.
In addition to legal fees, there may be other costs associated with pursuing a car accident case. These may include court filing fees, expert witness fees, and the cost of obtaining medical records and other evidence. It’s important to discuss these costs with your attorney upfront so that you are aware of the total financial commitment involved in pursuing your case.
Before hiring an attorney, it’s important to review and understand their fee agreement. This document outlines the terms of your agreement with the attorney, including their fee structure and any costs that you may be responsible for. Make sure that you understand the terms of the agreement before signing it.
At Miller, Monteil & Strano, we handle all car accidents on a contingency basis. We are confident in our ability to achieve a successful outcome and will handle your claim with diligence and care. Our primary objective is to take care of you and help obtain just compensation: we will do what it takes to achieve a successful outcome.
When you work with us, one of our partners will handle your case from start to finish. We never hand a file off to paralegals like other personal injury firms. We will take the time to listen to your concerns, are always available to respond to your questions, and will keep you updated about the progress of your case
You can be confident in our impressive track record of success handling car accident claims, having recovered millions of dollars in damages for our clients. Trust us to handle all the details of your claim. Our car accident attorney will:
- Investigate the accident
- Visit and photograph the accident site
- Identify and interview witnesses
- Collect evidence, including the police report and traffic surveillance video
- Gather medical records to support your claim
- Consult with experts
- Take over communications with the insurance companies
Our attorneys will consult with knowledgeable and respected experts to assist with your case. This includes trauma doctors, forensics experts, mechanics, and accident reconstruction specialists who can help us obtain the best possible results for you.
We know that insurance companies put profits ahead of injury victims and often deny claims or attempt to pay as little as possible. We will demand full payment of your claim. If the insurance company fails to make a fair and just settlement offer, we will take your case to trial. Above all, we will offer you legal knowledge, and emotional support during this difficult time and fight for the compensation you deserve.
Being injured in a car accident is overwhelming. You likely have concerns about the mounting medical bills, your lost income, and getting back to your normal routine. At Miller, Montiel & Strano, we will address your concerns by providing you with compassionate, effective representation and dependable service.
We have a well-earned reputation as dedicated advocates who adhere to the highest ethical standards and serve our clients with professional excellence. You can depend on us to provide you with aggressive representation and personalized attention and guide you every step of the way. Contact us today for a confidential, no-cost consultation.