Car Accidents
Car Accidents
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Honest and Straightforward Legal Representation Informed by Decades of Experience
Have you been injured in a car accident? You have the right to claim damages from an insurance company or sue the at-fault party for damages. Chiariello & Chiariello is a family-run accident law firm that provides individualized representation for injured victims throughout Queens. The firm has been advocating for injured individuals for 50 years, and they take a meticulous approach to strategizing their clients' civil claims. This is especially important in car accident cases, as the success of a claim depends on proving the other party's fault for the accident.
If you seek to claim damages for injuries you have suffered due to a car accident in Queens, contact Chiariello & Chiariello for a free consultation.
"Pure Comparative Fault" in Car Accident Cases
New York implements a "pure comparative fault" rule for car accident cases, which examines both parties' blame for the accident. If the injured plaintiff is found to be guilty of some fault in the accident – say, 20% at fault for not doing a complete stop at a stop sign – the damages they can receive will be the total damage award reduced by their percentage of fault.
Pure comparative fault also means that, even if the injured plaintiff is found to be at majority fault (e.g., 70% at fault), they are still entitled to 30% of the damages – but they will be responsible for covering their 70%. This comparative fault rule guides how insurance claims adjusters will evaluate the case when negotiating a settlement, as well as how the court will rule.
Keep in mind that New York is a no-fault car insurance state, so injured drivers must first claim compensation for things like their medical bills and lost income from their own car insurance coverage before attempting to sue the at-fault driver for damages. However, if the accident resulted in severe or permanent injuries like the following, the injured individual can more immediately sue the other driver's insurance:
- permanent impairment of bodily organs or limbs;
- substantial impairment of bodily functions;
- broken bones;
- substantial disfigurement;
- substantively full disability for 90 days.
An experienced lawyer can offer more concrete guidance on the next steps immediately following a car accident.
Statute of Limitations for Filing a Lawsuit
It is important to consult an attorney as soon as possible following a car accident to get started on the legal process for damage claims. New York sets a statute of limitations, or deadline for filing, for car accidents at 3 years from the date of the accident. Once this 3-year period has elapsed, the injured party will lose their right to sue and claim damages.
Claiming Damages
In a successful car accident claim, an injured plaintiff may recover damages for all or any of the following:
- medical expenses (bills, treatments, etc.);
- lost wages;
- pain and suffering;
- repair or replacement of damaged vehicle;
- loss of companionship (if the accident caused death).
Car accidents can happen under a range of circumstances, such as another driver's carelessness or neglect of safety on the road. If you or a loved one has been injured in a car accident in Queens, do not hesitate to contact Chiariello & Chiariello for legal assistance on your claims against insurance and as you build your lawsuit. The firm can take a detailed and informed look at your situation to determine your best legal strategy for securing damages.
Schedule a free initial consultation with Chiariello & Chiariello today to learn more about your options.
Why Choose Chiariello & Chiariello
- Serving the Community for Over 50 Years
Our firm has helped Nassau county residents with their legal matters for more than five decades. - Honest Legal Counsel
At Chiariello & Chiariello, we pride ourselves on integrity and providing clients with straightforward advice. - Family-Owned Law Office
Our firm has been in the family for over 50 years and we look to treat all of our clients as part of our family. - Small Firm Attention, Big Firm Results
Our attorneys pursue maximum compensation for our clients while providing them with highly personalized attention throughout the entire process.
Standing By You Every Step of the Way
If you are experiencing hardship in your life due to another's negligence, working with a skilled and knowledgeable legal team can make all the difference in improving your situation — and helping you get your life back on track.
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"They demonstrated commitment to my case, which allowed me to trust that he was advocating for my best interests."
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