Rochester Car Accident Lawyer
Serious Rochester car accidents can leave you with a lot of questions, and injuries that need to be paid for. You may be feeling overwhelmed at the thought of having to cover everything on your own, especially if the accident was because of no fault of your own.
You may not always be treated fairly by Rochester insurance companies, which is why it is important to reach out to a law office that understands this type of law. Being a victim and trying to settle a claim can be a headache.
Find experienced attorneys at Brown Chiari LLP who can settle everything for you, while you focus on healing after the accident. Whether through litigation, arbitration, or investigation, a Rochester car accident lawyer who understands New York’s motor vehicle accident laws can inform you of the rights you have.
What To Do Immediately After a Rochester Car Accident
Being in a Rochester car accident is a terrifying experience for everyone involved, even if you weren’t injured in it. Trying to keep in mind what to do after being in one can be tough, but it is important to know the steps you should take.
If you’ve been involved in an accident in New York, there are some specific things you can do to protect yourself and your vehicle.
- Make sure your vehicle is stopped and on the side of the road
- Keep your four-way emergency lights on and call the police out to the accident
- File a police report
- Take photos of the accident
- Seek medical attention as soon as possible
- Contact an experienced attorney to find out what your rights and options are
New York’s No-Fault Law
New York is a no-fault auto insurance law state. This basically means that you may be entitled to benefits, but you’ll have to have your insurance company cover the costs upfront first.
Regardless of who is responsible for the accident, the insurance carrier that you have will have to cover the costs of the medical bills and damages done to the vehicle. These costs may be reimbursed by a claim after they have already been covered.
What Does a Rochester Car Accident Attorney Do for You?
When you hire a Rochester auto accident lawyer, they will go over various areas of the law, the accident, and your options with you. Their specific job functions will also depend on the severity and specifics of your auto accident case.
You can expect them to provide these services:
- Communicate with the auto insurance companies
- Obtain evidence that has to do with the accident
- Organize the paperwork involved such as police reports, medical records, and bills
- Communicate with healthcare providers about your care
- Negotiate settlements with everyone involved
- Present the evidence and information that was gathered to prove liability and damages
Compensation for Rochester Car Accident Victims
If you’re someone who has been injured in a vehicle accident in the state of New York, you may be entitled to compensation for the damages. Whether you need help paying for the medical bills from the injuries or to fix your vehicle; you should investigate what options you have financially.
The compensation you may be able to obtain from a car accident falls within two categories: economic or non-economic damages. These cover different areas of payment.
Economic damages include things like medical expenses, lost wages, and lost earning potential. Non-economic damages include pain and suffering, lost quality of life, or loss of consortium because of the accident.
You might also be entitled to compensation for the damage done to the property involved in the vehicle accident. This includes the costs it takes to repair your vehicle or the value of the vehicle if it was totaled.
New York Statute of Limitations on Rochester Car Accidents
Those involved in car accidents in New York that want to seek compensation or open a claim for the injuries and other damages sustained have a limited amount of time to do so. This time is known as the statute of limitations.
The statute of limitations in NY is three years from the date of the accident. If your claim isn’t filed within these three years, you may not be able to bring up a claim.
There are some instances where you may be able to bring up a claim after the three-year mark. Those who are under the age of 18 during the accident have three years after they turn 18 to file a claim.
If you’re looking to bring a claim against the state, government, or municipality, you must file a notice of tort within 90 days of the accident. If you don’t file this, Rochester courts can dismiss the claim you make.
The Common Causes of Rochester Car Accidents
There are many different reasons why a car accident can occur. Most often, they occur because of the negligence of those operating the motor vehicles. Defects in the vehicle and the roads themselves are other causes.
There are many reasons why they happen, and here are some of the cases that come about in New York car accident courts.
- Careless, distracted, or reckless driving
- Driving the wrong way on the roads
- Failure to follow the road signs or signals
- Driving under the influence or while intoxicated
- Tailgating too closely to the other vehicles on the road
- Speeding
- Poor visibility
- Poor road designs
- Poor road conditions
The Most Common Rochester Car Accident Injuries
The injuries that are suffered during a car accident can vary depending on the severity of the accident. They range from minor to serious. They might heal within a couple of days or may be lifelong, life-threatening injuries.
There are many specific Rochester car accident injuries that happen to individuals. They can include, but are not limited to:
- Ligament sprains, tears, or breaks in bones
- Amputations
- Bruises or lacerations, internal bleeding
- Traumatic brain injuries
- Neck and back injuries
- Soft tissue injuries
- Wrongful death
Whether the injuries are minor or more severe, it is important to reach out to an experienced law office that can advise you on what to do next.
How Long Does a Rochester Auto Accident Claim Take?
It is impossible to say how much you will get in compensation or how long the actual claim may take. It is also impossible to say whether you’ll be awarded compensation at all, either. Every case is different.
These cases, on average, can take anywhere from months to years to fully settle. Some cases are able to settle in several weeks, but this is not true for all of them. Getting the settlement or compensation you’re due isn’t always a simple task when the at-fault party refuses to cooperate with your claim.
These claims can take so long because there needs to be an investigation done, paperwork gathered, witnesses talked to, and more. This can all take some time. In addition to this, the attorneys may also work on negotiating outside of court.
If the insurance company refuses to work with the attorney or to act ethically, they may need to bring the claim to court. This can add even more time to the process.
Contact a Rochester Law Office for Further Help
You shouldn’t feel like you’re alone in this, especially after all you’ve been through. An experienced law office can help you find answers.
At Brown Chiari LLP, we want to walk you through what to expect when filing a claim, while advising you on whether you have one. We know every situation is different, and you shouldn’t feel alone. Call 716-681-7190 or fill out the contact form to schedule a time to talk.
Rochester Car Accident FAQ
There are a number of frequently asked questions that come about with an auto accident claim. By having more information on these claims, you may have a better idea of whether you may have a case or not. It is still best to consult with an attorney on the specifics.
Who determines negligence in a Rochester auto accident?
The specifics will determine who is able to state who was at fault for an auto accident. However, if the claim goes to court, a judge will be the one to decide who was negligent in the accident. However, insurance adjusters or police may write reports that state what happened during the accident. This will provide more insight into who was at fault for the accident without having a jury decide who was at fault.
How long do I have to wait after a Rochester car accident to file a claim?
There is no hard and fast rule when you’re able to file a claim right after your accident. Often, lawsuits arise from disagreements with insurance companies about your offered settlement, but every case is different. You may know shortly after the accident that you need to sue. It is recommended that you receive medical attention before you do anything else. You do have to file the claim three years from the date of the accident. If you wait any longer than this timeframe, you may be barred from collecting compensation on the claim. That leaves you paying out of pocket for all expenses related to your accident.
Do I have to go to court to file a personal injury claim after a car accident?
To file the claim, you don’t have to go to court. You do have to contact an experienced vehicle accident attorney and speak with them about the specific accident. They will then file the necessary paperwork and gather the evidence and other information needed if there is a case. If the insurance companies or other parties being brought up in the claim do not want to settle or negotiate a settlement amount, the case may have to go to court. In court, the claim will then be heard by a jury and decided on.
Should I still get medical attention after a car accident even if I feel fine?
Even if you do not get harmed in a car accident, or feel like you’ve been harmed, it is important to reach out to a medical professional to get checked. This can help you determine if there are some injuries that are not apparent. Many injuries aren’t obvious when you’re in shock or full of adrenaline, only to cause serious problems days or weeks later. This is especially important if there may be a future medical problem that arises after an accident. This can potentially recognize any issues earlier on, and it can prevent disagreements with your insurance company. If you wait, they may claim your injuries aren’t actually related to your car accident.
What information do I need to file an auto accident claim?
To file a claim, the law office you’re working with will listen to what happened and decide on the next steps. However, there are some things that you can bring along to your appointment to help them decide the best course of action. These items can include the police report, medical bills and reports, witness statements, and other documents and accounts of the accident. Photographs of the accident and any witness contact information you have should be given to the law office.
What if I feel like the accident was partly my fault?
Even if they pressure you, you do not admit any blame for the accident. There are many factors that go into an investigation of an accident. You don’t want to put blame on yourself before an investigation is done. You may end up harming your chances of fair compensation if you do state you were somewhat at fault. If the investigation determines you were partially at fault, this is then handled by the law office during the negotiations and settlement. Your lawyer can prepare a defense if the at-fault party tries to blame you when you’re seeking compensation for your suffering.
Can I afford a lawyer?
Because of our fee structure, you don’t have to pay out of pocket for our services, making them more affordable to car accident victims. You instead pay a percentage of your settlement if your case is a success. If it’s not, you don’t pay anything.
Our Law Firm Serves Rochester
