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New York City Car Accident Lawyers

New York City Personal Injury Lawyer  >  New York City Car Accident Lawyers

New York City is a bustling hub of activity, its streets filled with cars, buses, taxis, and pedestrians at every turn. Whether traveling on the FDR Drive, navigating the Brooklyn-Queens Expressway (BQE), or weaving through the congested lanes of Canal Street, drivers in the city face unique challenges. Unfortunately, this dense web of roadways can be a hotspot for car accidents, leaving individuals and families to deal with physical, emotional, and financial pain.

If you or a loved one has been injured in a car accident in New York City, the Rothenberg Law Firm LLP can help. Our dedicated team understands how traumatic car accidents can be, and we believe no one should face such a challenging time alone. Speak with a New York car accident lawyer at our firm who will offer the compassion, guidance, and fierce advocacy you need to right the wrongs that have impacted your life. 

Call us today for a free, no obligation consultation 1-866-771-4988

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Why Choose Rothenberg Law Firm for Your Long Island Car Accident Claim

For over 50 years, the Rothenberg Law Firm has been standing up for accident victims who need it most. Our firm has built its reputation on being a voice for those injured because of someone else’s negligence. We are proud to have recovered billions of dollars in compensation for our clients, not just because of the result but because we know the profound difference it makes in the lives of those we represent.

What sets us apart is our approach. At the Rothenberg Law Firm, we treat every client like family. When we take on your case, we approach it with the same care, dedication, and determination as if we were advocating for a loved one. Our team takes pride in not just being legal advisors but also being a support system to help rebuild the lives of those devastated by an unexpected accident.

Additionally, we prepare each case with the expectation that it will go to trial. This ensures we are always ready to challenge negligent defendants and their insurance companies to secure the full and fair compensation you deserve. While many cases settle successfully, our willingness to take your claim to court when necessary sends a clear message that our clients cannot be shortchanged. When you choose the Rothenberg Law Firm, you’re choosing relentless advocates who give their all to make things right.

Laws Affecting Car Accidents in New York City

New York State has specific laws that impact car accident cases, which can be complex for anyone unfamiliar with them. Below, we’ll break down the key legal principles that affect accident claims in the city. 

New York’s Statute of Limitations

Time matters when it comes to filing a car accident claim. New York imposes a strict deadline, known as the statute of limitations, for pursuing compensation. Generally, you have three years from the date of the accident to file your personal injury lawsuit. If you fail to act within this timeframe, you may lose the ability to recover damages entirely.

It’s important to note that there are exceptions to this rule. For instance, if your claim involves a government entity, such as a city-owned vehicle, shorter deadlines may apply. Consulting with a car accident lawyer as soon as possible helps ensure your case is filed on time and in accordance with the law.

New York’s No-Fault Insurance System

New York operates under a no-fault insurance system, meaning your own auto insurance policy will cover certain costs after a car accident, regardless of who was at fault. These benefits, known as Personal Injury Protection (PIP), typically cover medical expenses, lost income, and other related expenses up to policy limits.

However, there’s an important exception to this rule. If your injuries meet New York’s “serious injury threshold,” you can step outside the no-fault system and file a car accident lawsuit against the at-fault driver for additional damages, such as pain and suffering. Serious injury can include fractures, significant disfigurement, loss of a fetus, or injuries that prevent you from performing daily activities for at least 90 days. Proving serious injury can be challenging, so having an attorney by your side is key to building a strong case.

New York’s Pure Comparative Negligence Rule

New York follows a pure comparative negligence rule, which means you can still recover compensation even if you were partially at fault for the accident. However, your recovery will be reduced by the percentage of fault you’re assigned. For example, if you’re deemed 30% responsible for the accident and awarded $100,000, your compensation will be reduced to $70,000.

Insurance companies often try to assign as much fault as possible to accident victims to lower their payout. With the Rothenberg Law Firm on your side, we will fight to minimize any unfair fault assessments and maximize the compensation you receive for your injuries.

Do I Have a Car Accident Case?

At the heart of most car accident claims is the concept of negligence. Negligence occurs when someone breaches their duty to act with reasonable care, leading to harm. To successfully pursue a car accident case, you must prove the following four elements of negligence:

  • Duty of Care: Drivers in New York have a legal responsibility to operate their vehicles safely and follow traffic laws to protect others on the road. This duty extends to pedestrians, passengers, and other drivers.
  • Breach of Duty: When a driver behaves carelessly or recklessly, such as by texting while driving, speeding, or running a red light, they breach their duty of care.
  • Causation: It must be proven that the driver’s breach of duty directly caused your injuries. For example, if a speeding driver crashes into your vehicle and causes you to sustain a spine injury, their actions are the cause of your harm.
  • Damages: Finally, you must demonstrate the damages you suffered as a result of the accident, such as medical expenses, lost wages, and pain and suffering.

Proving these elements requires a thorough investigation, evidence collection, and often, expert testimony. Our experienced attorneys know how to build compelling cases for our clients, ensuring they have the best chance of recovering the compensation they deserve.

Who May Be Held Liable in a New York City Car Accident?

Determining who is responsible for a car accident in New York City can be very complex as multiple parties may share liability. Identifying the right party or parties is critical to building a strong case and securing the compensation you deserve. Here are some examples of who may be held responsible:

Negligent Drivers

Drivers who break traffic laws, drive distracted, or act recklessly are often the main parties responsible for accidents. Whether someone was speeding, texting, or driving under the influence, their negligence could make them liable for your injuries.

Employers of Commercial Drivers

If the accident involved a commercial vehicle, such as a delivery truck or rideshare car, the driver’s employer might be liable for the crash. Employers are responsible for the actions of their employees operating vehicles during the course of their work.

Vehicle or Parts Manufacturers

Defective vehicles or parts can cause serious accidents. If a faulty brake system, airbag malfunction, or design flaw contributed to the collision, the manufacturer or designer of the vehicle or part could be held accountable.

Government Entities

Poorly maintained roads, faulty traffic signals, or hazardous conditions on public property may place responsibility on a local or state government agency. Suing a government entity involves specific rules and deadlines, so having an experienced attorney is essential for these claims.

The experienced lawyers at the Rothenberg Law Firm carefully investigate all potential sources of liability to ensure all responsible parties are held accountable for your accident.

Compensation Available to NYC Car Accident Victims

A car accident doesn’t just cause physical injuries; it can disrupt every part of your life. If you’ve been hurt, you may be entitled to compensation for a wide range of damages. These include:

  • Economic Damages: These damages cover measurable financial losses such as medical bills, rehabilitation costs, lost wages, and damage to your vehicle. Future costs, like ongoing healthcare or reduced earning capacity, may also be included.
  • Non-Economic Damages: Not all losses can be calculated with receipts or pay stubs. Non-economic damages compensate victims for pain and suffering, emotional distress, the loss of enjoyment of life, and the impact the injuries have had on personal relationships.
  • Punitive Damages: These are awarded in rare cases where the at-fault party’s conduct was particularly reckless or egregious. Punitive damages are designed to punish wrongdoing and deter similar behavior in the future.

At the Rothenberg Law Firm, our team will work closely with you to ensure that the compensation covers the full scope of the harm you’ve endured.

We’ll tailor our approach to advocate for what you need to rebuild your life

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New York City Car Accident Lawyers FAQs

The Insurance Company Offered Me a Settlement. Should I Take It?

If an insurance company has offered you a settlement, you may feel tempted to accept it immediately. After all, dealing with the aftermath of a car accident is stressful, and financial pressure can make a quick payout seem appealing. However, insurance companies often present their initial offer to minimize what they pay, not to fully compensate you for your injuries and losses. That’s why consulting with an experienced New York car accident attorney is essential before making any decisions.

When you work with the Rothenberg Law Firm, we will carefully evaluate the details of your case to determine the true extent of your damages. This includes not only medical bills but also lost income, emotional trauma, and any future expenses related to your injuries. Once we understand the full impact of your accident, we can counter insurance companies' lowball offers and advocate for the compensation genuinely needed to restore your life.

Don’t risk leaving money on the table or, worse, signing away your legal rights. Before you speak with an insurance adjuster or consider any settlement offers, contact us to ensure your case is handled with the expertise and care it deserves.

How Much Does a NYC Car Accident Attorney Cost?

The idea of hiring an attorney can feel overwhelming, especially after a serious accident has already left you with financial stress. You may be wondering, “Can I afford quality legal representation?” At the Rothenberg Law Firm, the answer is yes.

Our team works on a contingency fee basis, which means you don’t pay any upfront costs. We only get paid attorney’s fees if we successfully recover compensation for you. This structure allows anyone, regardless of their financial circumstances, to pursue justice without worrying about legal fees.

When you choose our firm, you’re choosing skilled advocates who are 100% committed to your case. There’s no risk to you—we only succeed when you succeed.

How Can a Lawyer Help with My Auto Accident Case?

After a car accident, you may feel like the odds are stacked against you. Dealing with insurance companies, gathering evidence, and navigating legal rules can quickly become overwhelming. A  car accident lawyer can handle these challenges for you, ensuring your right to fair compensation is protected. Here’s how our team can help:

  • Thorough Investigation: We will gather evidence to build a strong case, including accident reports, witness statements, photos, medical records, and more. We may also work with accident reconstruction experts to establish liability.
  • Handling Insurance Companies: Insurance adjusters often prioritize protecting their bottom line over offering fair settlements. We will communicate with the insurance companies on your behalf, negotiating aggressively to secure a compensation package that reflects the full value of your claim.
  • Legal Representation in Court: While many cases settle outside of court, some require litigation. If your case goes to trial, you can count on our team’s extensive courtroom experience and diligent preparation to fight for justice on your behalf.
  • Providing Support and Guidance: Beyond the legal process, we know how hard life can be after a car accident. Our lawyers take the time to understand your unique circumstances and provide the compassionate support you need to focus on healing.

Don’t go through this alone. From beginning to end, the Rothenberg Law Firm is here to make your path to recovery as smooth as possible.

Who Will Pay for My Injuries?

New York is a “No-Fault” state, which has both benefits and disadvantages for those seeking financial recovery after being injured in an auto collision.

Under No-Fault insurance laws, your auto insurance provider is obligated to provide you with personal injury protection (“No-fault”) benefits after a car accident, regardless of who was at fault in the accident. 

No-fault benefits are a part of your auto insurance policy and pay for medical treatment and out-of-pocket costs, up to policy limits (a minimum of $50,000). These benefits are a primary source of compensation in almost every injury claim.

No-fault benefits do not cover all losses or situations.  Property damages are not covered, and benefits are not available to owners of uninsured vehicles nor riders and passengers in motorcycle accidents. 

The No-Fault Insurance rules offer New Yorkers two significant advantages. If you are injured in an accident, you will automatically receive coverage for your injuries, regardless of whether you were at fault in the accident. 

This is particularly important when you are injured due to negligent driving by an uninsured driver or underinsured motorist. Importantly, you will receive this compensation relatively quickly.

At the same time, the No-Fault system can hinder your auto accident claim, as it does not allow compensation for additional damages like "pain and suffering" and other non-economic damages suffered in the accident. 

To file a civil claim against the at-fault driver or another liable party for "pain and suffering," your injuries must qualify as a "serious injury" according to New York law.

To meet the serious injury threshold in New York, accident victims must experience either bone fracture, dismemberment, significant disfigurement, permanent limitation of use of a body organ or member, a significant limitation of use of a body function or system, or a full disability for 90 days.

If you have suffered injuries that meet these criteria, you are not limited to receiving No-Fault benefits from your insurance provider. 

In these instances, you can bring a personal injury lawsuit against the at-fault party and may seek financial compensation for all types of injuries, both economic and non-economic.

Call an automobile accident attorney today to learn about your legal options.

What Types of Compensation Can I Receive After a Car Accident in New York?

It is impossible to make generalizations about the value of any car accident case without knowing the details of the injuries and the circumstances in which the accident took place. 

The law allows recovery for a wide range of economic and non-economic damages, many of which may not be readily apparent to the injured party. 

By contacting a car accident lawyer from our law firm, you may find that you are eligible for multiple forms of compensation, such as:

  • Pain and suffering from physical injuries
  • Emotional damages
  • Lost past and future income
  • Future financial costs and economic losses
  • Loss of health care benefits
  • Money for future medical bills
  • Loss of value of household services
  • Non-economic damages such as loss of consortium (where your spouse has been negatively impacted by your injury), loss of quality of life, loss of enjoyment of life, and other non-economic losses
  • Punitive damages
  • Wrongful death claim (following fatal collisions)

An experienced New York car accident attorney will always consider a range of issues when making determinations about what damages to seek. 

Insurance adjusters are notorious for drastically underestimating the value of victims' injuries. Only an experienced motor vehicle accident lawyer with a duty to fight for your interests can provide a fair assessment of the value of your case and ensure you receive fair compensation for your injury claim.

Should I Accept the Insurance Company's Settlement Offer After My Car Accident?

Insurance companies and insurance adjusters are not your friends. Insurance companies aim to pay as little as possible for every claim, to maximize their company's profits. 

No matter how nice the insurance adjuster seems, the adjuster's only goal is to pay you as little as possible. The adjuster is usually rewarded for resolving your claims quickly and for as little as possible.

For these reasons, an insurance adjuster will often contact you immediately after your car accident and may even offer to visit you soon after an accident. 

The adjuster's goal is to convince you to accept a settlement worth far less than you deserve and is often ready to buy you off with immediate payment. 

This is an underhanded tactic used to quickly end the claims process when an injured party is at their most vulnerable. 

It is extremely important not to fall prey to the common practices of insurance companies. There is no reason to rush into accepting a settlement without first seeking legal help. 

You should always think through all decisions before signing away your legal rights without being fully informed of the consequences. Not even your own insurance company works for you – we work for you.

What Should I Do After a Car Accident in New York?

The moments following an accident can be the most terrifying time of one's life. Before anything else, call the police or 911 and make sure that anyone injured in the accident receives the medical attention they require. 

After everyone has received the medical treatment, your next step is to obtain crucial information for your potential lawsuit. 

The responsible party may not remain at the accident scene until a police officer arrives. If possible, collect insurance information, addresses, witness testimony, video evidence, and other relevant information from the other drivers involved in the collision.

Make sure to remain at the scene until a police officer gets to the scene of the accident, and files an accident report. 

The police report will identify the other drivers and vehicles involved in the crash, and the relevant insurance companies and may also include witness statements. An accurate police report is important to ensure relevant evidence is recorded.

Although it is important to honestly answer the police officer's questions, be careful to avoid saying anything that could be construed as an admission of fault.

If you require medical treatment of any kind, collect any medical documentation or medical records that may be relevant to your claim for compensation.

Finally, seek legal advice from a New York car accident lawyer as soon as possible.

How Much Money Is a Car Accident Worth in New York City?

It is impossible to make generalizations about the value of any car accident case without knowing the details of the injuries and how the accident took place. 

The law allows recovery for a wide range of injuries and monetary losses, many of which may not be readily apparent to the injured party. 

Be careful not to fall for the trap of believing the worth of your case based on the value that an insurance adjuster has placed on your claim or solely on property damage. 

Only an experienced motor vehicle accident attorney with a duty to fight for your interests can provide a fair assessment of the value of your case.

Do I Have a Car Accident Case?

As a general rule, if you were injured as a result of the negligence of someone else, you may have a legal claim against the person who injured you. 

Because every situation is very fact-specific, you should always consult a personal injury attorney to review the facts and circumstances of your situation. 

In many cases, there may be negligent parties who are not immediately obvious, such as government agencies responsible for poor road conditions. Call us for a free consultation to learn how the law applies in your case.

Can I Handle My Car Accident Case on My Own, Or Do I Need a New York City Car Accident Lawyer?

According to New York's No-Fault rules, there is a 30-day time frame to file a claim for benefits following a car accident. 

Therefore, before proceeding on your own, it is crucial to understand the pitfalls of trying to handle your case without legal representation.

Following a car crash in NYC, especially in our fast-moving city, it is understandable for an individual to want to settle the matter quickly and move on as soon as possible without getting help from an experienced lawyer. But trying to handle the matter on your own will place you at a serious disadvantage.

The party responsible for your accident will almost certainly be represented by insurance lawyers whose sole goal is to pay you as little as possible for your injuries. 

Insurance companies often calculate the value of car accident claims based on how aggressively the injured party fights for full compensation for the harm caused. 

When you retain an experienced car accident lawyer to fight for you, you are ensuring that you are not taken advantage of by the other side.

Retain a lawyer with vast experience in handling car accident cases, who can stand up to the insurance company. 

If the other side refuses to cooperate and your case requires judicial intervention, the lawyer must be prepared to take the case to court for a jury verdict to ensure full and fair recovery.

Knowing that you are willing to take all steps necessary to ensure justice by obtaining experienced legal counsel will often convince the opposing side to make a better offer right from the start.

You need trial lawyers knowledgeable and experienced in New York law to fight for your rights and to show the insurance company that you are serious about your case. 

Our auto accident attorneys will take your injury case on a contingency fee basis, which means that they are only compensated following a successful recovery on your behalf.

What Is the Statute of Limitations for A Car Accident in New York?

New York's Statute of Limitations allows accident victims to file a negligence lawsuit for up to three years from the time of the automobile accident. 

After a fatal car accident, the family or representative of the decedent has only 2 years to file a wrongful death lawsuit in New York.

Government claims, such as when a car accident is caused by the negligence of a government agency employee or government entity, must be filed more quickly than other legal claims.

Given the time limitations, it is important to call or contact our legal team right away to ensure that you can file a personal injury claim and do not waive your rights to financial compensation.

Should I Accept the Insurance Company’s Settlement After My Car Accident?

It cannot be reiterated enough that insurance companies are in the business of paying as little as possible for every claim, to help them maximize company profits. 

No matter how nice the insurance adjuster seems, the adjuster’s only goal is to pay car accident victims as little as possible. The adjuster is usually rewarded for resolving claims for as little as possible and as quickly as possible, thus taking money away from you that you deserve. 

For these reasons, an insurance adjuster will contact you immediately after your car accident and may even offer to visit you soon after an accident. 

An adjuster often comes ready to make an immediate payment to convince you to accept a settlement worth much less than you deserve. 

This is an underhanded tactic used to end a matter right away when an injured party is at its most vulnerable. 

It is extremely important not to fall for the shady practices of the insurance company. There is no reason to rush into accepting a settlement or offer from an insurance company without first seeking legal help. 

You should always think through all legal decisions and not sign away your legal rights without being fully informed of the consequences.

Do not deal with the insurance company alone. Retain the services of an experienced car accident attorney in New York City who can ensure that your rights are protected.

Contact Our Dedicated New York City Car Accident Lawyers Today

Suffering injuries in a car accident can turn your life upside-down in an instant. At the Rothenberg Law Firm, we’re committed to giving victims and their families the support and compassion they need to move forward. With over 50 years of experience and billions of dollars recovered for our clients, we are here to fight tirelessly for the justice and compensation you deserve.

Contact the Rothenberg Law Firm today at (866) 771-4988 or through our online form to speak with a caring legal professional during a free consultation. There’s no cost to get started, and no fee unless we secure compensation in your case. You have nothing to lose and everything to gain by taking this important step.

Call us today for a free, no obligation consultation 1-866-771-4988

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Frequently Asked Questions

Get Answers to your personal injury claim questions:

What is a personal injury accident?

A personal injury accident refers to injuries caused by another party’s intentional, negligent, or reckless actions. Under personal injury law, someone injured can file a claim or lawsuit for fair compensation for injuries.

Personal injury law is a part of tort law, which covers conduct that results in injury, harm, or loss. If someone hurts you, they are liable for damages. A personal injury attorney can help you recover what you are owed.

What types of accidents do personal injury lawyers handle?

There are many different types of personal injury lawsuits. Some of our trial lawyers’ practice areas

include:

  • Motor Vehicle Accidents: Car accidents, truck accidents, and motorcycle accidents are very common. These types of accidents are often a result of another driver’s negligence. If you were involved in an auto accident, you may have suffered serious injuries that require long-term medical care, lost wages and more. An insurance company will try to offer you the least amount for your claim. An auto accident claim brought by a personal injury attorney will help you recover maximum compensation.
  • Medical Malpractice: Mistakes in medical records and errors in medical treatment are preventable. We go to the doctor to get better, not worse. And yet, medical malpractice often leads to serious injury or death. Money can never replace your health, but medical negligence requires fair compensation.
  • Slip and Fall Accidents: We have all slipped on wet floors or icy sidewalks. Or maybe you have fallen in a poorly lit movie theater? When you or a loved one is injured by a slip or fall, it’s possible to bring a premises liability case against the property owner. It is not your fault you slipped and fell because of dangerous conditions or hidden hazards.
  • Premises Liability Accidents: Injuries can be caused by hazardous or unsafe conditions on someone else’s property. However, slip and fall accidents are not the only type of premises liability claim. Assaults due to inadequate security or objects falling on people are other common examples.
  • Construction Accidents: Few industries are as dangerous as construction. Many things can go wrong on a construction site leading to serious or deadly worker injury. Worker’s compensation is not your only option in securing benefits after a devastating incident in the workplace.
  • Traumatic Brain Injuries and Spinal Cord Injuries: Traumatic brain injuries (TBI) are a leading cause of death in the US. Living with a spinal cord injury or TBI requires constant medical care. These catastrophic injuries generally result in permanent disability and are the basis for many personal injury lawsuits.
  • Birth Injuries are avoidable. The resulting damage, however, is permanent. When your baby suffers a traumatic birth injury due to negligent hospitals or medical professionals, you need an experienced birth injury lawyer on your side.
  • Dangerous Drugs: Millions of Americans rely on prescription and over-the-counter medications for their health and wellness. However, drug manufacturers have put people’s lives at risk by failing to warn them about potential dangers and side-effects. If you have developed an injury or illness due to a prescription drug, you may be entitled to compensation.
  • Nursing Home Abuse: A national survey of nursing home staff revealed that 36% of residents experience at least one act of physical abuse of a resident. This is unacceptable. Families trust nursing homes and assisted care facilities to care for our grandparents. Sadly, employees often inflict harm to vulnerable residents.
  • Product Liability: A minor defect might cause an inconvenience, but a major product defect can be devastating. If you are injured while using a defective product, it’s possible to sue for damages. Manufacturers, wholesalers and retailers are often held to state product liability laws. Hiring a personal injury lawyer can help you navigate specific deadlines for a filing product liability claim.
  • Workplace Accidents: Have you been injured on the job? Serious injuries, including amputations, paralysis and traumatic brain injury are painful, expensive, and leave you unable to work. Although worker’s compensation grants certain benefits, you may be able to bring a third party claim against the party responsible for your injuries.

Unfortunately, someone’s negligence can also lead to a family member passing away. When this happens, we can also file a wrongful death action to collect damages on their behalf. No amount of money can bring back your loved one, but we will help to make sure you get the financial compensation you deserve for the loss of your loved one.

How do I know if I have a case for an injury lawsuit?

You may wonder whether your injuries are serious enough to pursue legal action. Under the law, you can seek damages when you suffer a loss that is due to someone else’s negligence. To file a personal injury claim, two key elements are required:

  1. A breach of legal duty between the wrong-doer (the defendant) and the  injured person (the plaintiff) and
  2. Damages that occur because of that breach.

In other words, you can file a personal injury claim when someone else's actions lead to an injury. When both elements take place, a ”tort” occurs. Each situation is different so it's important to discuss the details of your potential case with an attorney. Our team of lawyers has the technical know-how to answer any questions you may have.

What damages can I seek in a Personal Injury Settlement or Case?

Once a personal injury has occurred, the defendant is liable to make good for the damage done. “Damages” are what is owed to you to compensate you for your loss.

It’s not always necessary to go to trial or to file an injury lawsuit. Your personal injury attorney may be able to agree on damages in a personal injury settlement. However, regardless of the extent of your injuries, you need an attorney on your side to make sure that the monetary damages offered to you by the defendant’s insurance company will fully cover your losses.

Damages you may be entitled to are for pain and suffering, lost past wages, loss of future wages, past medical care, future medical care and expenses and more. Therefore, if you were injured, are unable to work, or require ongoing medical care you should pursue a personal injury accident case.

Beyond the damages above known as compensatory damages,  sometimes, a defendant’s actions are so malicious or careless that you may be awarded punitive damages. These damages are paid in addition to actual damages in your personal injury case. They are not compensation for your losses. Punitive damages are awarded to punish the defendant and help prevent others from doing the same.

We understand that unplanned injuries and deaths overwhelm families. Family members carry the burden of arranging medical care and managing medical expenses. We know money cannot fix or replace what you lost, but legal action can help with closure and help you manage the increased expenses that occur when dealing with an injury after an accident. Furthermore,  family members can receive damages for funeral and burial costs if a loved one passes away.

If you decide to pursue a personal injury case, we will ask you to provide us with any documentation you have on the accident. These documents will help us determine damages owed. We will need photos, videos, statements, insurance documents, police reports, and any other information on your injuries or the accident scene. We of course will help you try to obtain the documents you need and will work with you every step of the legal process. You and your loved ones do not have to shoulder the cost of another’s actions. It’s important you hire an experienced attorney with a great track record of winning the compensation you deserve.

How do lawyers determine who's at fault?

Before we can assess how much in damages you may be owed, it is important to determine liability. Liability for a personal injury accident is caused by negligence, intentional acts or falls under the category of “strict liability.”

  • Negligence - Let’s say someone does not stop at a red light and proceeds through an intersection and hits your car. This is an example of a negligent act. Negligence happens when someone fails to take appropriate action and you are harmed as a result.
  • Intentional Act - Some individuals intend to hurt others. Intentional harm is when someone not only wants to hurt you, but does so on purpose. A person grabbing a baseball bat and hitting you with it is considered an intentional act.
  • Strict Liability does not depend on neglect or intent to harm. It is a unique theory that claims a person is liable for their actions even when the outcome is unintentional. This means that people and businesses have to pay for damages even if they are not at fault. For example:
    • Product liability is a common example of when strict liability may apply. Product manufacturers are responsible for ensuring their products are safe when used as directed. If you’re injured while using a product, you need to prove the product was defective through no fault of your own.
    • Dog bites are another example of injuries that may fall under strict liability. Often, dog bites fall under a blend of strict liability and negligence. Many states have laws that hold dog owners strictly liable if their dog bites someone without provocation. If a dog has already been deemed dangerous, the owner is legally responsible for damages the dog caused.

Great legal representation can take the guesswork out of complicated legal practices. If you have any questions about who is at fault in your accident, call The Rothenberg Law Firm at 1-800-624-8888 for a free case evaluation today.

How much is my personal injury case worth?

You might think your personal injury case isn’t worth pursuing. However, damages are determined by a variety of factors. These factors help us determine what the liable party should have to pay.

Our lawyers are highly skilled in assessing damages. We work with you, your medical team, and other experts to determine your losses. The circumstances of your accident and the severity of your injuries, among other things affect the value of your case. We present our findings to a jury or during settlement negotiations with insurance companies and the defendant.

You will receive an honest assessment of your claim. We estimate the potential damages throughout your case and update you as things change. How much you can recover in damages includes the value of:

  • Medical bills - damages may include the past, present, and future costs related to the accident including hospital stays, doctor appointments, medical equipment, diagnostic testing, physical therapy, and more.
  • Lost wages - often, injury victims are unable to work for some time after their injury. You may need to miss work often. Taking time off for doctor appointments and medical treatments can quickly chip away at your income. We calculate lost wages using documentation of the days you missed, your regular rate of pay, and a statement from your employer.
  • Loss of earning capacity - sometimes injuries are so severe that you cannot continue working as you did before. You may need to retrain in a new industry, or have become disabled. You can receive financial compensation for what you would have earned if the accident didn’t happen. There are situations in which our firm would hire an economist or vocational expert to determine the amount of lost future income your injuries may have caused.
  • Loss of consortium - relationships are greatly impacted by injuries and loss of income. Rising medical bills and a complete change in lifestyle can make it hard for loved ones to be there for each other. If you or a spouse were injured to such an extent that one of you can’t possibly carry on a complete relationship with the other (or they were killed), you can be compensated for loss of companionship.
  • Punitive Damages - if there was a clear disregard for human life in your personal injury accident, you may be awarded punitive damages to make an example of the defendant.
  • Wrongful death - These claims can be filed by survivors of individual(s) killed by someone else’s negligence or misconduct. Courts can award compensation for lost love, support, and income of the deceased family member.
  • Pain and suffering - anxiety, difficulty sleeping, depression, severe mental trauma or PTSD are unfortunate effects of a personal injury accident. Comprehensive and accurate records from your therapist, psychologist, or psychiatrist can help in estimating damages.

While you might be unsure as to how to navigate the legal process, our attorneys will handle everything for you. After evaluating your injuries and all of the evidence surrounding your case, we can paint a full picture of what happened in your personal injury accident. The personal injury trial lawyers at our office have a great track record of getting you the compensation you deserve.

Your initial consultation with a personal injury attorney is always FREE!

Do I need a personal injury lawyer?

After an injury accident, you may not know what to do. You might have limited time and money. Like most people, one of the first questions you’ll have is whether or not you really need an attorney. You may want to try and settle with the liable party by yourself. However, being injured is stressful enough. Not only that, but the person or party that injured you will have a team of insurance company lawyers working against you to make sure you receive the least amount of money for your injuries as possible. Our attorneys help you manage that stress by handling all aspects of your personal injury claim and we will work hard to make sure the defendant’s insurance company will pay you the amount of money you deserve.

There is limited time to file a personal injury lawsuit due to statutes of limitations. Once this deadline passes, you lose your right to recover damages through a lawsuit. New York generally has a three-year limit, while New Jersey and Pennsylvania generally have a two-year statute of limitation. Medical malpractice often has separate deadlines, so it is best to speak with an attorney as soon as you can.

Nobody is required to have a personal injury attorney. Yet your peace of mind shouldn’t be interrupted by lowball offers or intimidating insurance companies. Keep in mind that if you handle your own personal injury claim, insurance companies or the defendant might offer you a small amount of money just to get you to go away.

There is no substitute for experience. The Rothenberg Law Firm has over fifty years of experience dealing with insurance adjusters, evaluating claims, and going up against major corporations to ensure you receive the financial compensation you deserve.

Most personal injury claims are resolved through insurance claims and the amount of damages vary based on the type of accident. An insurance company may refuse to offer fair compensation for your specific injury and we, therefore, become your spokesperson and advocate to the insurance companies and are ready to go to trial if we cannot reach a fair settlement.

Our lawyers will deal with insurance companies and difficult insurance adjusters. We will diligently gather all the necessary evidence to prove the other party is at fault. We will defend your rights and fight for fair compensation that will cover all medical and financial damages.

Our trial lawyers will fight until the end to ensure the negligent party is held accountable for their actions. All you need to focus on is your medical treatment and getting better.

Best of all, there are no upfront fees in working with an injury lawyer. Our personal injury attorneys work on a contingency fee basis, which means that you do not pay anything unless we win your case. This allows you to continue focusing on your recovery while our attorneys pursue fair compensation on your behalf.

Can I afford a personal injury lawyer?

At The Rothenberg Law Firm, we offer a free case evaluation for injury victims. This gives you a chance to discuss what happened in your personal injury accident with a skilled attorney. You need answers and are entitled to know your available legal options at no cost. There is no obligation to pursue a case if you choose not to.

Many personal injury attorneys like those at The Rothenberg Law Firm do not charge any fees upfront. Instead, we work on what is known as a contingency fee basis. This grants you free access to attorneys who can help you through the legal process. We only take attorney’s fees if we are successful in recovering money for you.

It might feel intimidating to go up against a large insurance company or major corporation alone. The Rothenberg Law Firm has the size and experience needed to level the playing field against those who might consider you as a mere nuisance. With experienced legal counsel on your side, you can rest easy knowing your rights are protected.

Contact Us for A Free Case Review

Count on The Rothenberg Law Firm for sound legal guidance, support and advocacy

If you have been injured in an accident caused by someone else's negligence, we have the answers you need. Our dedicated staff is available 24/6 to discuss your situation and outline the best steps moving forward.

All cases are taken on a contingency-fee basis, so there are no upfront expenses or attorney fees unless and until we are successful in securing money damages for you. We are results-focused attorneys who have won and collected billions of dollars on behalf of clients in all types of injury matters, so you can feel confident in our commitment to personalized attention and client satisfaction.

Our seven office locations provide access to high-caliber advocacy when you need it most. Get in touch with us today to learn more about our services and how we can protect your rights. We will review your case free of charge and determine if you have grounds for a personal injury case.

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