Practice Areas
New York City Motor Vehicle Accidents

New York City Car Accident Attorney

Motor vehicle accidents include cars, trucks, vans, buses, SUVs, and motorcycles. They may involve one vehicle, multiple vehicles or pedestrians. When auto accidents are caused by another driver’s negligence or recklessness, Kerner Law Group, P.C. will investigate, prosecute and negotiate with the insurance company of the negligent party to settle your claim and obtain compensation for you based upon the severity of your injury and your pain and suffering. With over 25 years of experience in New York City Auto Accident law, you can trust your case to us.

Types of Motor Vehicle Accident Claims:

Our car accident attorneys and legal team have experience in dealing with automobile related injuries  arising from problems such as:

  • Car Accidents – including head-on collisions, broadside, rear-end collisions and overturned vehicles.
  • Truck Accidents
  • Bus Accidents
  • Pedestrian Knockdowns
  • Motorcycle Accidents
  • Bicycle Accidents

What Makes up a Car Accident Claim?

t bone car wreck

If you were involved in a car or other motor vehicle related accident in New York State, it is important for you to know that a motor vehicle related accident claim in has three (3) distinct parts. They are as follows:

Part 1- No Fault Insurance Claims

New York is a ” no-fault ” insurance State. This means that if you are injured in a car accident, you will be able to recover compensation for medical bills and lost wages even if the other driver had no insurance or you yourself, were partially responsible for the accident. It does not matter who’s fault the accident was. The vehicle you were in at the time of the accident (or the vehicle that struck you if you were a pedestrian) will pay for all reasonable and necessary medical expenses up to $50,000.00*, arising out of the accident as well as lost earnings up to $2,000* per month and up to $25* daily for other reasonable and necessary expenses. This applies to all cars, trucks, SUVs and vans. However, motorcycles are exempt. (*These are minimum amounts of PIP coverage. Higher amounts may exist depending on coverage).

The No-Fault claim must be usually filed within 30 days after an accident and all hospitals and doctors must file their bills in a timely manner in order to get paid. We assist with the filing of these claims.

Part 2 – Liability

Who caused the accident? In New York, fault is apportioned, meaning out of 100%, it is possible that each driver could share some percentage of liability.

Part 3 – Damages

In New York State we have what is known as a serious injury threshold. This means that one cannot legally bring a lawsuit for personal injuries unless those injuries are deemed “serious” under the law. This is an area of constant contention in court. Certainly, where there is death, dismemberment or disfigurement the injuries would automatically be considered serious. The same holds true for a fracture of any bone.

However, for a whole host of other injuries that are not in the first group, a plaintiff must show that the alleged injury is permanent, significantly limiting or has caused that person to be disabled for 90 days out of the first 180 days after the accident. However, some injuries, sometimes called “soft tissue” injuries to the neck, back, head and other body parts require the injured party to prove that these injuries will affect you over a very long period of time.

What To Do At The Scene of a Car Accident

There are many different roles that your attorney can play in the management of a successful personal injury claim but it is up to you to retain a lawyer sooner rather than later. Kerner Law Group, P.C. is here for you when it seems impossible to figure out how to move forward after an accident.
Common Questions About Motor Vehicle Accidents
How do I know if I have a case?
That depends. There are two distinct parts to a personal injury case: The first is to show that someone else is at fault or mostly at fault. The second is that you must prove that you suffered an injury. In auto accident cases, you must be able to prove that you have suffered a significant and /or serious injury. If you have both a clear liability picture and serious injuries, then you will most likely have a case.
How long will it take?
It depends if a case can be quickly settled or must go through the litigation and discovery process and eventually onto trial. Any case can settle at any time. Most cases that can show negligence and a significant injury usually do settle at some point. However, if a case is contested and a settlement can not be negotiated than due to Court congestion it can take several years until we go to trial. During the litigation process, we are working very hard to protect our client’s rights and to develop all the necessary elements to have a successful conclusion.
How do I know if I need an attorney?

If you have been seriously injured or if you are unsure as to the long-term impact of an injury, an experienced personal injury attorney should be consulted before giving any statement or signing any papers of any kind. This should take place as soon after the accident as possible.

If you suffer an injury or lost wages from an automobile accident, it is very important that you file a “no fault benefit application” within thirty (30) days of the accident.

There is a time limit, known as a “statute of limitations” that requires that a lawsuit be filed within a specific period of time, depending on the circumstances of your case. If you do not file within the time limits, you are prohibited from obtaining any compensation for your injuries. An attorney will help you stay well within the statute of limitations.

In certain situations, time limits can be as short as ninety (90) days in which a claim must be filed. Since there is no cost to you in contacting our office, we suggest that you call us to protect your rights.

How much is my case worth?

This depends on many factors. The most important factor is the severity of your injury. The severity of your injury includes, the injury, medical expenses, loss of wages/income and other elements. Another factor is the amount of insurance available. Finally, the degree of fault is also factored in.

How much does it cost to bring a personal injury lawsuit?

Personal Injury Law Firms in New York receive a fee on a contingent bases. This means that our Law Firm only gets paid if we recover monetary damages for you. This fee is 33 1/3 % . Also, we do not receive a fee unless we are successful in obtaining settlements or recovering compensation. Otherwise, you will not be billed for our services. All of our clients are provided with a written retainer agreement that clearly spells out this arrangement.

Prosecution and preparing a case also requires out-of-pocket costs: court and filing fees, investigation expenses, transcript costs, charges for medical records and reports, expert witness fees and other costs. In nearly all cases, our Law Firm advances these costs, knowing that most of our clients would find it burdensome to pay these expenses. This is called a disbursement. Once the case is completed, the expenses and legal fees in your case are deducted from the money we recover on your behalf and you and your family receives the remaining money from your settlements.

Have a different question?
Do You Have a Case? Find Out, It’s FREE!

Time may be limited to file an injury claim. Don’t wait. Let us help you seek the justice you deserve. We offer Free Consultations at your home, the hospital and in our office.

About New York City
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Driving Directions To Kerner Law Group, P.C.

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Kerner Law Group, P.C.
269 W 231st St, Bronx, NY 10463, United States

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