Car Accident Lawyer in Franklin Square, NY

After a car accident, the last thing anyone wants to do is navigate the legal system to seek compensation. Those injured or facing property damage and other expenses following an accident should work with an experienced lawyer to streamline the process. 

Seek advice from professional auto accident lawyers in Franklin Square, NY, to learn more about the legal rights and options for victims of car crashes. 

Start the journey to potential compensation today by working with a Franklin Square, NY, car accident lawyer. Contact the Law Office of Frank J. Cassisi, P.C. for experienced legal counsel after an accident. Learn more about the firm’s achievements by reading these client testimonials. 

How Prevalent Are Car Accidents? 

Car accidents are common in New York, and these incidents are serious, with the state witnessing a 25.8% increase in motor accident fatalities from 2019 to 2022, according to the Office of the New York State Comptroller. These deaths account for 1.6 of every 100,000 New Yorkers, per the New York State Department of Health. A worrying statistic shared by Thomas P. DiNapoli of the NY Comptroller also highlights that a quarter of the traffic fatalities in New York are pedestrians.  

How New York Attorneys Prove Fault and Liability 

New York uses a no-fault insurance system, meaning those injured in an accident must file with their insurance companies before attempting to pursue additional compensation. A car accident lawyer can assist clients in filing these insurance claims even if they do not intend to pursue a lawsuit afterward. 

If the accident incurs over $50,000 in medical expenses (the limit for personal injury protection), the injured party can file a lawsuit against the at-fault driver to seek compensation. The suit will only go to trial if a reasonable settlement is impossible. Work with a qualified Franklin Square auto accident lawyer who will aggressively negotiate the settlement terms.

Attorneys use police reports, witness testimony, and camera footage to build a case against the defendant driver.  

In New York, drivers are held financially responsible for as much damage as they are considered at fault for. So, if a driver is deemed 75% at fault for the accident, they are liable for 75% of the damages (which includes things like personal injury and property damage).  

An experienced car accident lawyer will prove the degree of liability and must meet several conditions to win damages at trial following a failed settlement attempt. The four elements required to prove liability are: 

• The defendant driver owed a duty of care (i.e., they were the ones behind the wheel and, therefore, were responsible for safe vehicle operation). 
• The defendant driver breached that duty of care through negligent actions 
• The breach of care directly resulted in injuries to the plaintiff 
• Damages occurred because of the injuries (referring to financial burdens) 

After an accident, it is important to understand what damages are legally considered before pursuing legal action. 

What Kind of Damages Apply After an Accident? 

The damages won in a lawsuit apply to a variety of costs incurred due to injury, including: 

• Medical expenses: Plaintiffs can seek reimbursement for medical costs, such as hospital bills, ambulance rides, and follow-up procedures. If their cost exceeds the $50,000 PIP limit, these may be among the awarded damages. 
• Future medical costs: When injuries cause lifelong disability, the court may award future medical coverage as damages. These damages may include rehabilitation costs such as physical therapy sessions or nursing assistance. 
• Lost wages: Injuries sustained in a car accident can lead to significant time away from work, and any lost wages beyond the PIP limit can count as damages. Future lost wages and decreased earning ability also contribute to damages in cases of physical disablement. 
• Pain and suffering: The trauma, pain, and suffering of a car accident can contribute to the total sum of damages. Disfigurement that impedes one’s enjoyment of life falls under this category. 
• Home modifications: If an accident results in mobility changes that require home renovations (for example, installing a wheelchair ramp), the court may award compensation for these modifications. 
• Punitive damages: In the rare cases of malice or extreme negligence, the court may award punitive damages. 

Working with a qualified attorney who can advocate for the appropriate damages and prove the defendant’s degree of liability is essential.  

About the Law Office of Frank J. Cassisi, P.C.

The Law Office of Frank J. Cassisi, P.C. is a father-son legal team offering legal counsel to those affected by car accidents in Franklin Square, NY. Prospective clients should read more about our firm to understand how we can assist you with everything from filing claims to representing you in a trial after an auto accident.  

Do not delay seeking legal representation. It is critical to pursue any action before the personal injury statute of limitations runs out. Contact us today for help with complex insurance claims and to start building a case against a negligent driver. 

FAQ About Car Accidents in NY 

Because it can be so overwhelming to navigate the legal system after an accident, our firm answers some of the questions we hear most often from those injured in car accidents.  

When Are My Medical Bills Significant Enough for a Suit? 

A lawsuit is viable when an accident causes injury that totals over $50,000 in medical treatment or other damages. New York residents must file a claim with their insurance companies (which our attorneys can help with) before filing a suit.  

What Makes a Driver Liable for Injuries to Others in a Car Crash? 

Legally, a driver is liable for injuries during a crash if the incident meets the following criteria: the at-fault driver had a reasonable duty of care, the driver breached said duty through some form of negligence, and the breach caused injuries and associated damages.

When Should I Seek Legal Help After an Auto Accident in NY? 

It is essential to seek legal assistance soon after a car crash to avoid losing rights through expired statutes of limitations. Once you take care of the emergency medical and safety needs caused by the accident, it is time to speak to a car accident attorney in Franklin Square, NY.