Personal Injury Attorneys Queens, NY

If you have been injured due to someone else’s carelessness, it can be truly devastating and frustrating. Your injuries may be extensive and life-changing. At Krause & Glassmith, LLP, our personal injury attorneys in Queens, NY cover personal injuries including car accidents, truck accidents, motorcycle accidents, bike accidents, bus accidents, pedestrian accidents, slip and falls, dog bites, construction accidents, and elevator accidents. All of these accidents are unique in how we handle them. The injuries these accidents cause will vary case-to-case and we have handled them all. Please call our office so we can go to work to get you the compensation we deserve. We offer free initial consultations.

First Steps After the Accident

The very first thing you should do after an accident, regardless of the cause, is seek medical attention. If your life is possibly in danger, and you’re extremely injured, you need to get onto an ambulance and get to the ER. Medical attention is a top priority. If you do not need the ambulance, you have to seek medical attention very shortly after the accident. Do not wait. These injuries can be aggravated and get worse if they are left untreated. It is also a benefit to your claim when you go to the doctor. You can get your injuries documented and treated which all goes into determining the value of your claim. The honest truth is that, the worse your injuries are the more they cost you, the more your claim is worth. This shouldn’t be construed as anyone wanting their injuries to be worse so they can get more compensation. This is our way of ensuring you that if you are struggling financially and physically, we’re going to fight to get you a big compensation award.

Your next step that is vital to your case is collecting evidence. You can do this in a few ways. Following the accident, getting police on the scene to put this on their records and collect information is key. You can also do your own collection. Take the names and numbers from all witnesses. Get the name, number, and insurance information from the negligent party. Lastly, take photos and videos of the scene. Take as many as you can. They will be great evidence for us when we approach the insurance company and ask for compensation.

With the insurance company in mind, it is important to know something about how they work. The have no intention to pay you what you deserve. It is their job to give you as little as possible. Sometimes that means trying to deny the case altogether. A step you need to take is not necessarily something you’re going to do. It is something you will try not to do. You don’t want to talk to the insurance company. They are going to try to ask you questions that will make you seem at fault for the accident, and keep you from getting compensation. The way compensation works in New York is that if you are found to be at fault for the accident, your award will be reduced by the percent of fault you are found at. The insurance company knows this and they will do what they can to reduce or eliminate your payment.

Your last step is going to be to hire a personal injury attorneys in Queens, NY. They will help you to accomplish all the steps that you need to get done. They will became your legal safeguard. You can tell the insurance company that you have acquired legal representation and if they have any questions about the accident, they can call your attorney. Having an attorney is not always necessary, but it is almost guaranteed that you will be getting more compensation if you have an attorney to help you through the process.

Why You Need personal injury attorneys in Queens, NY

Technically, you are absolutely allowed to bring a claim by yourself. Is it advised that you do? No. That’s because these claims are complicated. The reason why personal injury attorneys in Queens, NY take on claims such as these are because they went to school and gained experience in order to navigate the legal process better. It takes a long time to be able to get to the level of understanding personal injury that we have. If your day job does not include dealing with insurance companies, the discovery process of accidents, and negotiating to get compensation, chances are you won’t be able to get the level of compensation on your own that an attorney would be able to get you. That is not an insult to anyone’s intelligence. It is simply stating that these case are difficult for those who have not studied and practiced this work. You might not know your particular statute of limitations and end up getting barred from ever receiving compensation. You might take a call from the insurance adjuster and get tripped up while giving them a statement and end up getting blamed for the accident, again resulting in no compensation. Attorneys can help you avoid these mistakes. We are trained to deal with the difficult things. We know when the insurance company is offering you a low-ball settlement and we will push to get you every penny that you deserve for your injuries and damages. So, do you need an attorney? I would say yes. If you want full and fair compensation, an attorney is the person to help you get that. A common misconception is that attorneys are unnecessary middle-men and you’ll have to pay them more than you will make. That is a thought process the insurance company will be glad you believe. It is not true in the slightest. You will walk away with more if you have an attorney to help you fight for what you deserve rather than settling for the amount the insurance thinks you’ll go for.

Frequently Asked Questions

What Should I Know About Hiring personal injury attorneys in Queens, NY?

If you are injured in a accident in New York, it is very important that you find the correct attorney to represent you. That correct attorney is one who is an accident lawyer. That attorney shouldn’t do divorces. That attorney shouldn’t do wills. That attorney shouldn’t do anything else but accidents. Accidents have many rules and regulations, and you want to make sure that your attorney is fully aware and has fully done all these things over the years to represent his clients and know how to protect your rights.

I myself have been doing this for 45 years. I assure you, I know a lot because I’ve been doing the same thing over and over again taking care of my clients and representing them in their serious accident cases. Get someone with experience. Get someone who, when you meet, you feel at home, you feel that they’ll help you, not look down upon you or not take advantage of you. It’s very important to get the proper personal injury attorneys in Queens, NY to take care of you.

Do I Need personal injury attorneys in Queens, NY?

A lot of people have asked me, “Why do you need personal injury attorneys in Queens, NY for an accident case?” I always respond in the same way, “Why do you need a surgeon for your operation?” You need a lawyer because we have been trained to protect you. We have been trained in all the laws and the regulations of New York to get every single benefit for you.

You are no match for the insurance companies. The insurance companies have one goal – to make as much profits as possible for their shareholders – and every penny they pay you is less money for their shareholders. You need a personal injury attorneys in Queens, NY to represent you so you will get all your rights, you will get all your benefits, and you will get the top dollar that your injury deserves.

Whatever you think you can save by not having personal injury attorneys in Queens, NY, you will lose much more money. It is a very bad decision to do it on your own. The insurance companies will take advantage of you. You need a personal injury attorneys in Queens, NY to protect you. You need a lawyer, experienced in accident cases, to do the best job for you.

What Steps Should I Take?

Many people wonder what steps they should take if they’re seriously injured in New York. The first step, after taking care of your health, is hiring an experienced attorney. That attorney will take care of all the filings and all the necessary requirements that you need once you’re in an accident. There are many forms that have to get filed. There are many time deadlines on these forms. There are many things you have to do to protect all your possible rights in an auto accident case, even some you may never need.

You have to go to someone with the experience to know what should be filed on your behalf and how soon it should be filed, and to make sure it’s filed long before the deadline arrives. I’ve seen many cases from other law firms where they miss basic rights because things were not filed appropriately and timely. Get yourself an experienced personal injury attorneys in Queens, NY in accident cases so you’re properly protected.

What are Common Mistakes Made After a Personal Injury?

The common mistakes that people make when they’re seriously injured in New York are that they don’t take care of their medical needs. Go to the hospital, go to a doctor, go to a clinic, and see what’s wrong with you. There are many injuries that can be sustained, and it’s most important you find out what those injuries are and how to treat them immediately. Too many times I find clients with broken bones, that don’t realize it till the next day. This type of hesitation can delay the healing of these injuries. The minute you’re injured, seek out medical help. Nothing is more important.

Another mistake that people make is that they talk to the insurance carriers. Don’t talk to the insurance carriers. They’re not representing you. They’re not interested in your needs. They’re not interested in anything that’s for you. They want to save money. They want to have more profits for their shareholders. They’re not there to help you in any way, shape and form. You shouldn’t talk to the insurance companies, and you shouldn’t fill out any forms for the insurance companies. You need to have a personal injury attorneys in Queens, NY help you.

The last mistake is that people hire attorneys that are not experienced in injuries. You must hire an attorney who’s 100% a personal injury. The attorney that will do your divorce, will do your house closing, will help prepare a will for you and do your slip and fall is not the attorney for you. You want someone who completely does only negligence, who knows all the time variations, all the rules, all the nuances to do the best possible job for you, and make you the most possible money for your injuries in the shortest period of time.

How Much Is My Case Worth?

Determining the value of an injury case in New York is a very complex task. It’s based on many factors. It’s determined on what the injury is, what the prognosis is for your injury, and how you will be in the future. It’s also determined by the liability and how the accident happened. It’s a very complex type of question, and the answer can be given to you by an experienced personal injury attorneys in Queens, NY. It’s not something you need to find out on your own, it’s something the personal injury attorneys in Queens, NY needs to explain to you.

When they have money on your case, they should sit down and explain to you all the nuances of your case and say, “This is your injury: this is a good part; this is a bad part. This is the liability: this is the good part, this is the bad part. This is what they offered: this is what we think your case is worth; this is what we think you should do.” Many times I tell the clients, “This is the offer. Don’t take it; it’s too low; we want more.” Many times I tell the client, “This is a good offer. We can take a little more, maybe; let’s go a little farther.” Many times it’s, “This is it. We’re not going to get any more. Even if we try the case, I don’t think we’ll do better.” It depends, but that’s based upon the experience of the attorney. That’s why it’s important to get yourself an attorney who only does personal injury work and has a lot of years of experience in doing this type of law.

How Long Do I Have to File a Lawsuit?

After an injury, there are time limits in which you must begin a lawsuit. The type accident determines the time limits that you have. Rather than try and learn every single possible time limit, which can be burdensome, what you should do is go out and find yourself an experienced attorney. That attorney will know all the rules. They’ll know everything he has to do to protect your rights, and that attorney will protect you against time limits, such as the statute of limitations.

I do not like to play with the statute of limitations. I like to begin the lawsuit as quickly as possible, to push my clients’ cases as hard as possible, to get them the maximum amount of money that they deserve as soon as possible.

Call Our personal injury attorneys in Queens, NY Today

If you are looking for strong, dependable personal injury attorneys in Queens, NY, please call our office today for a free consultation. We will fight to make your claim as successful as possible. We don’t go for low-ball settlements from the insurance companies when we know just how much your injuries and damages have set you back. Let us be your champions.

Car Accident Lawyers Queens, NY

New York has some of the highest traffic accident rates in the U.S., and often these accidents result in severe injuries for those involved. Each month, New York traffic accidents result in more than 11,000 emergency room visits and over 1,000 hospitalizations.

For victims, an accident can be an extremely difficult time. Victims must respond to a variety of challenges – both physical and financial – and the stress of an accident can put immense strain on victims and their families.

Have you been injured in a motor vehicle accident in New York? Our personal injury attorneys in Queens, NY can help you fight for the damages you’ve suffered. When you hire one of our auto accident attorneys, we manage the entire legal process, from filing claims on your behalf, to negotiating with insurance companies, so you can focus on getting better.

Common Causes of Car Accidents

New York traffic laws are designed to protect motorists. Unfortunately, many accidents are caused when others fail to adhere to these regulations. Driver negligence (e.g. texting while driving or drowsy driving) causes a majority of accidents, and their negligence can have severe consequences for victims.  Some of the most common causes of accidents include:

• Driver Error – This refers to accidents caused by drivers failing to obey the rules of the road, e.g. not yielding to right of way or following too closely.
• Distracted Driving – Driver distractions like texting while driving or changing a radio station are an example of negligence.
• Improper Maintenance – Commercial car companies must properly maintain their fleet vehicle, and if an accident is caused by a faulty part or lack of maintenance, the offending party may be at fault.
• Intoxicated Driving – A driver who causes an accident while intoxicated may be at fault for an accident.
• Reckless Driving – Excessive speed, failing to properly signal and improper passing are all examples of reckless driving.

This is just a small sample of how vehicle accidents may be caused. When you hire an New York car accident attorney, your lawyer will work diligently to prove negligence or fault in a case. Our process includes a thorough investigation of the accident, contacting witnesses and law enforcement, and collecting other evidence to help you build your case.

Types of Compensation in Traffic Accident Cases

If you’ve been injured in an accident, you may be entitled to damages for the losses you’ve incurred. One of your lawyer’s key responsibilities is to fight for maximum compensation. Financial compensation can help to cover out-of-pocket expenses, as well as emotional, physical and financial suffering.

Following a car accident in New York, we will help you fight to cover:

• Current and future medical expenses
• Rehabilitation costs
• Property damage or property loss
• Pain and suffering
• Loss of normal life
• Lost wages
• Loss of earning capacity

Personal injury attorneys in Queens, NY Protecting You Against Insurance Companies

The insurance company of the at-fault driver is not your friend. In fact, they will aggressively fight you to avoid paying a fair settlement, or may deny your claim altogether.

Personal injury attorneys in Queens, NY helps to protect you against aggressive insurance adjusters. You are not required by law to talk with any insurance company. In fact, we recommend that you do not. When you hire us, we stand up for you and push back against aggressive tactics and bullying. Our job is to fight for the compensation that you need to fully recover from your accident.

What to Do After an Auto Accident

Car accidents are frightening experiences, and in the immediate aftermath, the safety of yourself and your passengers should be your chief concern. If you’ve been involved in an accident, there are a few steps you should take to protect your safety and your case:

• Seek Medical Attention – Call 911 and wait for medical assistance. If you are in harm’s way, you should move to a safe location within visible distance of the scene.
• Call Police – Police officers on the scene will seek statements from the involved parties. If you’re able to, provide law enforcement with as many details of the accident and steps leading up to it that you can.
• Collect Evidence – If you are able to, you can begin collecting evidence. Take photos and video of the scene, and ask witnesses for their names and contact information. Additionally, document any injuries you have and damage to your vehicle. You also want to get the insurance contact and name of the other driver.
• Do Not Admit Fault – When talking with police, you should not admit fault. Offer any details that you can about the accident, but avoid talking about whose fault it was. This can hurt your case.
• Avoid Insurance Companies – You are not legally obligated to talk with the other driver’s insurance company. Refer any correspondence to your personal injury attorneys in Queens, NY.
• Seek Legal Advice – If you’ve been involved in an accident, you should contact personal injury attorneys in Queens, NY immediately. The sooner you seek legal help, the better. A personal injury attorneys in Queens, NY will help protect your case and begin the legal process.

Personal injury attorneys in Queens, NY

What Steps Should I Take?

The first step, after taking care of your health, is hiring an experienced attorney. That attorney will take care of all the filings and all the necessary requirements that you need once you’re in an accident. There are many forms that must get filed. There are many time deadlines on these forms. There are many things you must do to protect all your possible rights in an auto accident case, even some you may never need.

You must go to someone with the experience to know what should be filed on your behalf and how soon it should be filed, and to make sure it’s filed long before the deadline arrives. I’ve seen many cases from other law firms where they miss basic rights because things were not filed appropriately and timely. Get yourself an experienced personal injury attorneys in Queens, NY in accident cases so you’re properly protected.

Do I Need personal injury attorneys in Queens, NY?

A lot of people have asked me, “Why do you need personal injury attorneys in Queens, NY for your car accident case?” I always respond in the same way, “Why do you need a surgeon for your operation?” You need personal injury attorneys in Queens, NY because we have been trained to protect you. We have been trained in all the laws and the regulations of New York to get every single benefit for you.

You are no match for the insurance companies. The insurance companies have one goal – to make as much profits as possible for their shareholders – and every penny they pay you is less money for their shareholders. You need a personal injury attorneys in Queens, NY to represent you so you will get all your rights, you will get all your benefits, and you will get the top dollar that your injury deserves.

Whatever you think you can save by not having personal injury attorneys in Queens, NY, you will lose much more money. It is a very bad decision to do it on your own. The insurance companies will take advantage of you. You need a personal injury attorneys in Queens, NY to protect you. You need a lawyer, experienced in accident cases, to do the best job for you.

What Mistakes Can I Avoid?

The first mistake is not immediately seeking medical attention to make sure they’re okay. Even if you feel okay, go to the hospital. Go to your doctor and let them make sure you’re okay. There are many times you think you’re okay and a few days later you find out you were wrong.

The other mistake people make is they try to do everything on their own; Trying to talk to the insurance company, trying to fill out the forms, trying to get their benefits, etc. We’ve been doing this for decades, and it takes a long time to know how to do this, to fill it out appropriately, so that you get the maximum of your benefits.

The biggest mistake after that is not hiring an experienced personal injury attorneys in Queens, NY. Don’t get Joe Schmo down the block who also does real estate, did your divorce, and did your will a year ago. Get someone who’s completely and 100% an accident attorney who will take excellent care of you, get you the maximum money, and guide you through this unpleasant experience.

How Much Time Do I Have to File a Claim?

Your personal injury attorneys in Queens, NY will know exactly what to do. Depending on who the defendant is, who the guilty party is, that has a lot to do with what the statute of limitations are. Sometimes there’s a general statute of limitations, and sometimes there’s a specific statute of limitations, but you shouldn’t be the one to decide. You should have personal injury attorneys in Queens, NY tell you what to do and how to do it.

In my office, I don’t like the statute of limitations. When you come to me, if you’re injured, I will put your suit into case and I will file your case immediately. I do not wait or delay. I don’t care what the state says how long I have. I want to make you as much money as soon as possible. Many of my cases immediately go into suit within the first week that you hire me. It’s very important not to learn these facts – how long is this case? How long is that case? What if you’re hit by the city of New York? What if you’re hit by a bus? Is the bus private? Is the bus public? – that is just too much information for one regular person to possibly get properly done. Just hire an experienced attorney who will help you, guide you, and take good care of you and make sure you meet all the qualifications, including the statute of limitations, in pursuing your case.

What Should I Know About Hiring an Attorney?

If you are injured in a serious automobile accident in New York, it is very important that you find the correct attorney to represent you. That correct attorney is one who is an accident lawyer. That attorney shouldn’t do divorces. That attorney shouldn’t do wills. That attorney shouldn’t do anything else but accidents. Accidents have many rules and regulations, and you want to make sure that your attorney is fully aware and has fully done all these things over the years to represent his clients and know how to protect your rights.

I myself have been doing this for 45 years. I assure you, I know a lot because I’ve been doing the same thing over and over again taking care of my clients and representing them in their serious accident cases. Get someone with experience. Get someone who, when you meet, you feel at home, you feel that they’ll help you, not look down upon you or not take advantage of you. It’s very important to get the proper personal injury attorneys in Queens, NY to take care of you.

Should I Speak to the Insurance Companies?

If you are injured in a car accident in New York, never speak to the insurance company without an attorney. The insurance company is not your friend. The insurance company is not there to help you. The insurance company is there to make profits for their shareholders. When they talk to you, get a statement from you, or get information from you, they are looking for reasons why they should not pay you. Yes, clients do have to speak to the insurance company and yes, clients do have to fill out the forms, but when they speak to the insurance company, we are there with them protecting their rights. When they fill out the forms, we review them very carefully before we let them sign it and mail it out.

That is why when you get into a car accident case, you should hire an experienced personal injury attorneys in Queens, NY who will protect you during every step of this case, including talking to insurance companies and giving insurance companies information. It doesn’t matter whether it’s the defendant’s insurance company, the other driver’s insurance, or your own insurance company. Any insurance company is not your friend. Have your personal injury attorneys in Queens, NY protect you.

What is No-Fault Lost Wage Reimbursement?

Your attorney should get all the necessary documents to obtain your lost wages as quickly as possible. Those documents normally mean a form from your employer stating how long you were working, that you’re out of work, how much money you were making, and a form from your doctor saying that you’re disabled and unable to work.

When the insurance company gets both these documents, they then have approximately 30 days to issue a check based upon the document. Once the first check comes through, it’s usually a lot easier to get the following checks to come through until you return to work or until your disability comes to an end. There are a lot of nuances in that too, and it’s important that you hire an experienced attorney that knows how to quickly and efficiently obtain your lost wages and get you the money that you need to make up for the money that you’re no longer earning.

What If I’m Hit by an Uninsured Driver?

Some clients wonder what happens if they get into a car accident in New York, and the other car does not have insurance. There are other possibilities available to you. The first one is if you’re a pedestrian and you do not have a car in your household, there is a state corporation that will cover you. It will cover your PIP. It will cover all your hospital expenses, your medical expenses, your lost wages or incidental expenses, and it will cover your third-party coverage as if the car had insurance itself.

The other possibility is if you own a car, or if there’s a car in your household and you qualify, there’s what’s called household insurance. Every car in the state of New York must have household insurance by the law of New York. Every car has this, whether it’s a minimum amount or a maximum amount. In this case, your car insurance will cover you both for the PIP, your doctor bills, the hospital bills, the lost wages, the incidental expenses, and it will also cover you for the third-party claim, and the amount of money you should get for the damages you sustained.

Are My Medical Bills Covered?

If you are seriously injured in a car accident in New York State, you can will be the recipient of no-fault benefits, or PIP – personal injury protection – benefits. Those benefits will pay for all your medical bills. It will pay for your hospitalization, whether you’re in-patient or whether it’s just the emergency room. It will pay for your doctor visits. It will pay for all the test that they do upon you because of these injuries. It will also pay for lost wages and incidental expenses.

You have a fund of at least $50,000 in PIP payments that you can use. Also bear in mind, the fee schedule is not the normal doctor fee schedule, but a lower fee schedule, so you get more bang for your $50,000 on PIP than you would going to the doctor normally. When you get injured, see a doctor, and/or go to the hospital. Take care of yourself. Number one, it’s important for your health and number two, it won’t cost you any money.

How Much Will My Case Be Worth?

Injuries are not the only thing that create the dollar value of the case; it’s also the liability. How did the case happen? An experienced personal injury attorneys in Queens, NY can do the best for you to make the most successful value amount for you. Hire an experienced accident lawyer to represent you and you can get the top dollar you deserve on your case.

Should I Take the First Offer?

The answer to that is positively no and never. This is a negotiation. This can be a short negotiation or this could be a long negotiation, but it’s a negotiation, and the first offer is only the opening bid. A lot more money can come to you over time to fully give you the money you deserve for the injury that you have. Insurance companies are not your friends. Insurance companies only want to make profits for their shareholders, not pay you the maximum that you deserve. This is our job as your lawyers, to obtain for you the maximum money that you deserve for the injuries you sustained.

How Long Will the Case Take?

No personal injury attorneys in Queens, NY can give you the exact answer to this question. This is a very complex question and involves many factors. We try and push our cases as fast as possible to get the best results as soon as possible. One of the ways we do that is we file lawsuits immediately when you’re seriously injured.

Another way is we get your medical specials and packages and information immediately and ship it off to the insurance company as quickly as we can. We push it as hard as we can, but nobody can give you a time limit because each case, each insurance company, each injury, each type of accident has its own special things that make it longer or shorter. We try to make it as fast as possible.

What Benefits Can I Get?

No-fault is medical insurance. It’s medical insurance that will pay for your hospitalizations, doctors, and all of your exams. It is also lost wage insurance. They pay for your lost wages up to $2,000 a month, which is a help. It also pays you for incidental expenses.

The important things about no-fault insurance, or PIP as they call it – personal injury protection – is that in order to obtain it, you must file within a very limited period of time right after the accident. That is why it’s important that you go to a personal injury attorneys in Queens, NY who is a New York car accident attorney who knows all the rules and regulations to protect all your rights. You have wonderful coverage, from medical coverage and lost wage coverage and incidental coverage, but you must apply for it within the right time and file the right documents to make sure that you get this.

What Damaged Can I Recover For?

The first and most basic one that we know of and that people think of is compensation for the pain and the suffering that they have to endure as a result of someone else’s negligence.

There is no set amount. There is nothing that equates to a certain amount based on the type of injury. It’s a very broad and open topic, as it should be, because it depends on the type of injury you have, whether or not you have surgery, whether or not you have a broken bone, or whether or not you have herniations or other things that can even be worse in certain situations. It depends on how your life is affected, how your life has changed and the things that you have to endure, in terms of the pain and suffering. This is something that we are experts in and that we know based on prior cases and prior awards, in terms of the compensation. That’s the main aspect in terms of compensating you for the pain and the suffering.

The other thing that you’re entitled to is recuperation of your lost wages. In the state of New York, they have a doctrine known as the no-fault doctrine. Through no-fault law, despite fault it doesn’t matter who’s fault it is. In the state of New York, when you’re involved in a car accident, to a certain extent, your lost wages can be recouped for the time that you missed work as a result of the injuries in the accident. This is separate from the pain and suffering. This is an additional factor that you can recover money for.

The other thing to keep in mind are the medical bills. Again, when you’re in a car accident in New York, another branch of the tree, so to speak, is recuperation of your medical bills, which is also through the no-fault. As long as you’re getting treatment that is considered reasonable and necessary and related to the accident, your medical bills will be compensated through the insurance company. This is something that’s very specific because there are a lot of rules about whose no-fault would cover it. It might be depending if it’s a two-car accident or a pedestrian struck by a car. These are things that we would guide you through and we do almost as a courtesy in making sure that all your bills get paid, your wages get reimbursed, and of course, perhaps the most important above all, you get compensated for the pain and the suffering you had to endure.

This is not just past pain and suffering – which starts at the date of the accident– but of course also the future pain and suffering that you’re going to have to. Of course, insurance companies are working to protect their assets. Their goal is to pay as little as possible. This is something where you need to have intelligent, experienced and a counsel who’s going to fight for your rights when it comes to these things.

Request a Free Case Evaluation

Many people who have been involved in an auto accident are confused about their options and who to ask for help. If you’ve been injured in an accident, our attorneys are here to offer advice and support. Call now for a free, no-obligation case evaluation. The attorneys at Krause & Glassmith will help you determine if you have a case and what steps you should take next.

Truck Accident Lawyers Queens, NY

One of the most devastating types of vehicle accidents are truck accidents. When a passenger vehicle is involved in a wreck with an 18-wheeler or large delivery truck, the results can be catastrophic. If your life was affected by a truck accident, please call and schedule a free consultation with our personal injury attorneys in Queens, NY. You may be entitled to substantial financial compensation.

Why Truck Accidents Happen in New York

Semi-truck drivers and drivers of other specific types of large vehicles need a special driver’s license known as a CDL. To obtain that license, they must pass a test. Since these drivers are professionals, why do truck accidents happen in New York?

Truck accidents can involve many factors. The most common factors include:

• Fatigued driving. According to both federal and state law, truck drivers are limited on the amount of time that they may spend behind the wheel. Sadly, they’re often assigned unreasonable deadlines and are pressured to drive when they shouldn’t.
• Distracted driving. Many truck accidents in New York happen because truck drivers aren’t devoting all of their attention to the road.
• Driving while under the influence. When someone has a CDL, they have a different blood-alcohol content limit. For passenger vehicle operators who are at least 21 years old, they may have a BAC of up to .08%. Drivers with a CDL may not have a BAC that is higher than .04%. Driving under the influence can be caused by illegal drugs, legal prescriptions, and alcohol.
• Semi-trucks take longer to stop than passenger vehicles. Unexpected traffic jams or cars pulling out in front of a truck are big issues. Because of the weight of the truck, it takes it much longer to come to a stop.
• Improper truck maintenance. Not all truck drivers are required to perform maintenance or to ensure that proper maintenance is performed on the truck. This may be the job of the company that employs the driver. When truck maintenance is neglected in any way, it can create a big danger to both the truck driver and the public. Defective parts used during maintenance may also cause accidents to happen. In those cases, the manufacturer of the part may be held responsible.
• Improperly loaded and secured trailers. Truck drivers aren’t always responsible for the loading and securing of the goods they’re being paid to transport, but sometimes they are. When the goods aren’t properly loaded and secured, seemingly simple acts such as making a turn can cause the load to shift. If that happens, it can cause the entire truck to lose control.

Truck Accident Victims and Families May Be Eligible for Financial Compensation

A personal injury attorneys in Queens, NY can help accident victims and their families get financially compensated because of how their lives changed. The compensation depends on the facts surrounding the case as well as the injuries and how they will continue to impact your life. The most common types of compensation include:

• Current medical expenses relating to the truck accident, including physical therapy or rehabilitation
• Medical expenses for future treatment, including physical therapy or rehabilitation
• Pain and suffering
• Loss of consortium
• Final expenses, including hospital expenses, burial expenses, and cremation expenses
• Loss of limb
• Temporary or permanent disability
• Lost wages
• Loss of ability to earn a living
• The costs associated with modifying your home and/or vehicle because of your injuries
• Property damage
• Mental anguish
• Emotional duress

Truck Accidents Can Be Complicated – Contact Our personal injury attorneys in Queens, NY

Truck accidents may have more than one defendant. There could be at least one insurance company involved. These sorts of cases can be difficult to sort out. Yet, it’s up to you to make sure that your legal rights are protected. You cannot hope or trust that the driver, the trucking company, the insurance company, or another possible defendant will do the right thing and take responsibility for what happened to you.

Frequently Asked Questions

What Are My Rights?

If you are unfortunately the victim of a serious commercial motor vehicle accident, you have rights, especially in this setting. When dealing with commercial vehicles, there’s almost always insurance that covers these vehicles, and often the policies are quite big. Because of the nature of these type of vehicles, the owners want to protect and insulate themselves from receiving any potential serious injury claims. Especially in these types of cases, it’s important to seek out counsel that’s experienced with these cases, that represented victims many times in the past in these types of cases, so that your rights are properly being protected.

Why Should I Contact personal injury attorneys in Queens, NY?

If you are involved in a truck accident or a commercial vehicle accident, it’s important to immediately seek out counsel. There are several reasons for this. It’s not just because there are eventual deadlines in trying to get money from the defendant or the insurance company that caused the accident, but also because it allows your attorneys an immediate opportunity to start that investigation to look into whose fault it was.

You know these insurance companies are aggressively investigating the claim right away. They’re trying to protect their rights; they’re trying to aggressively make sure they don’t have exposure. You want to have someone on your side doing these same things, so that you have a level playing field. You should have a situation where your truth will come out one day, and you will get fairness in that situation. That’s what we’re really looking for here; to be properly represented. You want to have the attorney who’s experienced and knows how to handle these cases, so that these insurance companies aren’t ahead of that starting line.

Should I Speak with the Insurance Companies?

When a client is seriously injured in a truck or commercial vehicle accident, often the insurance company will reach out to you and will try to talk to you. It’s important that you be careful with this and you speak to a qualified attorney because you want an even playing field with them. Hopefully at this point you have your own attorney; if not, you should find an attorney if you want to pursue a claim.

You want to have proper counsel. You want to know how to handle this or whether you should even speak to such a carrier. That’s something that your attorney can often do for you. These insurance companies don’t necessarily have your best interests at heart. They have their own insured, they have their own client that they’re looking out for, so it’s important that you have someone looking out for you.

What Mistakes Should I Avoid?

When someone is seriously injured in a truck or commercial vehicle accident, sometimes they don’t seek an attorney because they feel that the accident was in some way their own fault. This is something that people are often confused about. In the state of New York, even if you have a part to play, so to speak, in this accident that’s not a bar to your recovery. You’re still entitled to recovery based on the percentage of fault that’s attributable to the truck that caused the accident, with respect to that part of the fault.

If you’re seriously injured in an accident, don’t think you don’t have a right to recovery because you feel you may have done something wrong, too, or feel you may be partly to blame. That could affect your recovery, but that is not a bar to recovery. In many cases, you may be wrong. You may think something was more your fault when, it was more the other person’s fault. It’s important to seek out an experienced attorney who knows how to handle these cases, knows the issues involved, and is going to represent your interests to the fullest.

How Do I Pick the Right Attorney?

Picking the right attorney is a very important decision. When you meet your attorney, make sure you feel comfortable, that this isn’t someone who’s phony; this isn’t someone who’s trying to make a quick dollar.

Make sure this is someone who cares about what they do, who represents accident victims as the heart of their practice. Find someone who is not going to sell your case short, or take the quick offer. They should be willing to push and push until they feel they’ve gotten every last penny. They should carefully consider not just the pain and suffering from the date of the accident till that point in time, but what can be expected in the future.

It’s very important that you pick someone who has a lot of experience in that specific area, like our firm does. It’s very important that you find someone who you feel is going to put in a fight, who you feel is going to care about what you’re going through, and who is going to be there on your side every step of the way.

Should I Take a First Settlement Offer?

If a client has a serious injury because of a truck accident, at some point along the way that person will be given an offer from the insurance company. It’s important that you have counsel who can guide you through this because that first offer is not going to be your best offer. They’re not trying to be fair, which often is the case because you don’t have a full gauge of what the future holds for you. It’s important that you have an attorney who not just parses through and has a good understanding of the medicals, and the bills, and the suffering you’ve gone through from the date of the accident to the day of that initial offer, but also to kind of look at and understand what’s going to be reasonably expected in the future health wise.

Even if you don’t need future care, therapy, or surgery, how is your life going to be affected. How are you going to be able to return to normal life? You’re entitled to compensation for your quality of life, and the suffering you endure. All of this must be fully understood by someone who’s an expert in this and understands what’s to be expected into the future. This is often done by understanding your medicals up to that point, but even more so what medicals and trauma, injuries or limitations, can be expected in the future. That first offer is not always going to be the best.

How Long Do I Have to File a Claim?

When someone is seriously injured in a commercial vehicle accident, it’s important to understand that there is a statute of limitations. There is a specific, finite amount of time you must bring a case and an action. Even more so depending on whether that vehicle was owned by a municipality, the state, the city, or truck company, you have even stricter timelines. In general, it’s important to immediately seek out counsel to make sure your rights are being protected, and to make sure all these nuances are being followed.

There are also certain rules with respect to no-fault applications which would protect your rights to make sure your medical bills and lost wages are paid. Those have their own set of guidelines, and you must have an attorney like us who specifically knows these guidelines, who’s experienced in handling these cases, and who makes a large part of their practice just doing these types of cases. It’s important to not waste time, to seek out counsel, and to make sure all these guidelines are being followed properly.

How Long Will the Case Take?

While you can get some insight right from the beginning, based on the type of injury, type of case, and insurance company that insures the truck or the commercial vehicle that struck you, there is a sense of how long it will take. The specifics really depend on you, your recovery, and how you’re doing. It’s never a good idea to sell yourself short. It’s never a good idea for your attorney to sell your case short. It’s important for them to parse this all out, to feel very comfortable that they have a good grasp of what’s to be expected into the future.

This is your one opportunity to make sure you’re compensated. If you’re not, down the road, you have all these issues that you thought were going to resolve but haven’t, or you have new subsequent consequences from your initial injury. You can’t look back. You can’t have a second chance once you settle your case or you have a verdict on your case. It’s important that you understand it may take a little longer in certain situations, but in those situations there’s a reason for it.

Make sure your attorney is pushing your case aggressively, not wasting any time, which is the way we believe in practicing law here. That’s very important, that no time is wasted in terms of the actual attorney moving your case forward, but at the same time keeping an eye on the future and what’s expected and making sure they’re very well-versed on what they expect to happen in your case so there are no surprises.

How Much Will My Case be Worth?

You can get a gauge as an attorney, when you review the bills, and you review the records, and you understand all the suffering and everything that’s happened up to this point, but even with that gauge, it’s hard to say. There are a lot of factors that come into play.

One of the factors that you don’t necessarily have a great hold on at the beginning is how you will be in the future. Not everyone heals the same. Not everyone feels the same a year after the accident. It’s important to understand the individual, and it’s important to let it play out a little and see how the individual is doing. Your attorney will to speak to experts who examine you, how you’re doing thus far, and really get a good sense of how you’re going to be down the road. You are entitled to compensation for that, and quite often large amounts of money, depending on what your injuries are. You don’t want to sell yourself short. The answer is not necessarily an exact number, but in time, the picture becomes a lot clearer in terms of what that range is of what you should get.

As an attorney, we want to make sure you get to the top of that range. We want to make sure you get compensation we feel is very fair for your client. Your attorney is your guardian of the case. They’re there to make sure that you’re taking care of after your life has been up heaved. We can’t bring back your health as your attorney, but we can make sure that you’re compensated fairly for what you’re undergoing and what we expect you to undergo in the future.

New York Truck Accident Attorney Fighting for Your Rights

If you have any questions, please call and schedule a free consultation with one of our personal injury attorneys in Queens, NY. We’ll evaluate your case and help you protect your legal rights. To learn more about how we can help you, call Krause & Glassmith right away.

Bicycle Accident Lawyers Queens, NY

Bicycle accidents can be serious events. Even if the bicyclist doesn’t have a serious injury, their bicycle could be seriously damaged. If you’re involved in a bicycle accident, you have rights. You should contact our personal injury attorneys in Queens, NY to schedule your free consultation. You could be entitled to financial compensation for your injuries, missed time from work, and damage to your bicycle as well as personal belongings you may have had on you at the time of the accident.

The Most Common Causes of New York Bicycle Accidents

Most bicycle accidents in New York are caused by:

• Impaired driving of motor vehicles, including driving while under the influence of legal or illegal drugs or alcohol
• Drivers making unlawful turns
• Drivers failing to pay enough attention to the road
• Speeding
• Reckless driving
• Not obeying stop signs, stop lights, yield signs, or other traffic signs
• Hitting a bicyclist with their car door
• Driving in areas that are used exclusively by bicyclists

Steps to Take After a Bicycle Accident

If you’re involved in a bicycle accident, take the following steps right away:

1. If you can, make sure that you’re no longer in danger. You do not want to be in a place where you’re still in danger of other moving vehicles. If you’re unable to move yourself and your bicycle, make sure that you are visible to other drivers.
2. Call 911 if you have a medical emergency. If you cannot call them because your phone is damaged or because of your injuries, ask someone to call 911 for you.
3. If you do not have a medical emergency, (such as a head injury, neck injury, back injury, serious lacerations, or broken bones) call the police. Even if you don’t think you’re injured, you need the police to take a report of the accident. This documents the location, date, and time the accident occurred. It will also include information about the driver involved as well as any witnesses. The police will give you the police report number. Pulling a copy of the report will be useful to you in the future. The police can also help you get the name, contact information, and insurance information of the driver involved.
4. Get the information of any witnesses who were present at the time of the accident. Witness statements are often an important part of settling or litigating this sort of claim.
5. Take photos of the scene, if possible. Make sure that you include photos that document the road conditions, the location of the accident, the damage to the vehicle, the damage to your bicycle, and your injuries.
6. Keep copies of medical expenses and either the replacement costs or the repair costs of the bicycle.
7. Call our personal injury attorneys in Queens, NY to talk about your potential claim. Our personal injury attorneys in Queens, NY can help you deal with the insurance company and the negligent party. Our job is to help you get the compensation you deserve for your injuries, time missed from work, and damage to your bicycle.

Frequently Asked Questions

Can I File a Claim?

If you are riding your bicycle and you’re hit by a motor vehicle in New York, and you’re seriously injured, of course you have a case. You can absolutely sue the driver of the car that hit you. A motor vehicle has no right to hit anybody, be it a pedestrian or bicyclist, and you have every right to bring a lawsuit against the car that struck you.

What Mistakes Should I Avoid?

If someone is seriously injured in a bicycle claim in New York, some of the mistakes that these people make are as follows. Number one, they don’t seek medical attention. When you’re on a bicycle and hit by a motor vehicle, you’re hit by a car of many tons. This can cause a tremendous amount of damage in your body. You should immediately seek medical attention. Go to the hospital; let them test you out. Go to your personal physician; let him or her test you out. Make sure you’re okay. Some injuries you won’t know about for days or maybe weeks later. Make sure that this accident didn’t cause any terrible injuries to you that you’ll be sorry about at a later date.

The second mistake is that they think they can do it by themselves without an attorney. Don’t contact the insurance company. The insurance companies are not there to help you. They may have friendly and funny ads on TV, but their goal is to make as much money as possible for their shareholders. Their goal is not to pay you as much money as possible. Therefore, you need to hire an experienced attorney who will represent you and protect all your rights and get you all the benefits you are due following this horrible experience.

How Do I Find the Right Attorney?

If you’re in a bicycle accident and you’re seriously injured in New York, you want to find the best possible attorney to represent your interests. You want to research this and find a personal injury lawyer who will only do personal injury cases. You don’t want the personal injury attorneys in Queens, NY who’s going to do your divorce, and do your will, and do the closing on your house, and also do an accident case. That’s not the lawyer for you. You want the lawyer who only does accidents, who’s experienced in accidents, and knows all the nuances of doing accident cases. You want the lawyer who’s been experienced for a long period of time. I have been doing this business for 45 years, representing clients in accident cases.

You want someone with a wealth of experience so they can use that experience on your behalf. You also want the personal injury attorneys in Queens, NY who’s going to speak with you, meet with you, and help you through the process of this entire case. You don’t want the lawyer who’s going to meet you for four minutes at his office and then usher you off to a paralegal and never see you again. You want to be able to pick up the phone and speak with your lawyer. When clients call me, I will pick up the phone and talk to them. If a client wants to meet with me and ask questions, I will set an appointment to meet with the client. If the client wants to know, “What is the status of my case?” we will immediately tell them.

We walk the client through this process. It’s a long and difficult process You’re injured, it’s confusing, and you’re not really sure what’s going on. We are there for you to make this process as easy on you as possible. We are always there for the client, and you want an attorney who is always there for you.

Should I Speak to the Insurance Company?

If you are seriously injured in a bicycle accident in New York and the insurance company is calling, have someone take a message. Don’t talk to them. There is nothing you can say to that insurance company that is going to be helpful. Everything they need to know, they can find out a day or two later, after you’ve hired an experienced attorney. The insurance companies are not there to help you. The insurance company’s goal is to make as much money as possible for their shareholders. Every statement you make to them will be analyzed to see how they can get out of paying you. Every form you fill out will also be analyzed to see how they can stop paying you money that otherwise is due to you.

We are with our clients when they speak to the insurance companies. When they give statements to the insurance companies, we are on the other end with our clients, guiding them through it and making sure they give the correct statement to the company and they don’t blunder in any way, shape or form. Before any forms are filled out and signed by our clients, we review every single one to make sure they give the correct information the insurance company needs so you will get all your benefits. Don’t do it on your own. It seems simple; you can be very sorry much later.

Some companies also offer you money. They’ll say, “Here’s $500; sign this release.” You don’t know what that means; you don’t know what you’re signing away. You have no idea what they’re doing, and no one gives money away for free. They’re not making you a gift. Hire an experienced attorney. Let that attorney protect you and get you all the money due to you from the insurance carriers.

Can I File a Claim for Unsafe Road Conditions?

The answer is yes, you do have a case, because the person that created the defect can be responsible for such a defect.

When you have such an accident, the first thing you do – as you do with any accident – is go seek medical attention.  Then immediately hire an experienced negligence attorney who will do all the necessary things to secure your rights. Maybe the defect is caused by a municipality. Maybe it’s caused by the power company. Maybe it’s caused by the electric company. You just don’t know. First, you have to have the attorney to investigate and determine what that defect is, and who caused it. It can very possibly be a good case for you.

How Long Do I Have to File a Lawsuit?

When you’re a bicyclist and are hit by a motor vehicle there are time limits in which you must begin a lawsuit. The type of vehicle that hit you determines the time limits that you have. Rather than try and learn every single possible time limit, which can be burdensome, what you should do is go out and find yourself an experienced attorney. That attorney will know all the rules. They’ll know everything he has to do to protect your rights, and that attorney will protect you against time limits, such as the statute of limitations.

I do not like to play with the statute of limitations. I like to begin the lawsuit as quickly as possible, to push my clients’ cases as hard as possible, to get them the maximum amount of money that they deserve as soon as possible.

Should I Take a Settlement Offer?

The answer to that is (unless they’re offering their entire policy) no, because it’s only an initial offer. Sometimes if it’s a serious enough injury, and the policy isn’t all that large to cover the full extent of the injury, they will offer their policy immediately to close out the case, but this is rare times. Mostly, they’re initial offer is just a small percentage of the money that you’re due for your case.

Insurance companies like to negotiate. personal injury attorneys in Queens, NY like to negotiate, and we do it well. You need to hire an experienced personal injury attorneys in Queens, NY who will negotiate on your behalf and take it as far as it has to go to ensure that you get the maximum amount of money for the serious injury you sustained.

How Long Will My Case Take?

That’s a very complex question and the answer is based on many variables. Number one, how soon will we know the full extent of your injury? We want to get you every penny that you are due because of that injury. We wouldn’t want to settle too early, and then find out later that the injury is bigger than we thought and you didn’t get all the money that you should have. Number two, who is the insurance company or the other defendant who’s going to be paying the money? Some insurance companies are very fair, they’re very easy to deal with, and they pay out without too many problems. Other companies will not pay a penny until you’re literally picking a jury in court.

This is just a few of the many factors that go into the length of time that it takes to push your case to an end. Any serious injury we have, we immediately put into suit; we don’t delay. We start a lawsuit the first week you hire us, so we can get to court as quickly as possible and get you the full amount of money that you’re due for your injuries in the shortest period of time.

How Much is My Case Worth?

That has many factors that go into it. The reason that you need an experienced attorney is because that attorney will know what all the factors are and how to get you the most money possible. Maybe the insurance policy is very limited. If you have a very big case and you have only a small policy, an experienced attorney can settle that case very quickly because, unfortunately, you’re not getting the full value of your case and there’s no reason to keep that case going.

Many times, the value of the injury is much smaller than the value of the policy, and you want to make sure all the injuries are covered, so you don’t want to rush into in. You want to make sure there’s no surgery that happens that will increase the value of your case prior to settling it. Many times, there are clients who are treating and six months later   they have a knee operation. You want to wait and make sure that your entire case is on the table, and you know every single fact and every single injury, so you can get as much money as possible. The key is you don’t want to rush, but you don’t want to wait, and you want to get the client as much money as possible within the shortest period of time, but always make sure that that client is covered and has every single penny that he or she should obtain.

Can I Get Compensated if I’m Partially at Fault?

The answer to this is yes. In New York State, even if you’re 99% at fault, you can still file a claim for that 1% that you’re not liable. Very few cases will have you be 99% liable. That’s just in theory; it’s not reality. Even though you think that you may have caused it or it may be a little your fault, or anything like that, that doesn’t mean you don’t have a case.

Seek out an experienced personal injury attorneys in Queens, NY. They will review your case, and he or she will determine whether or not you have a viable case. Even if you caused part of the accident – any part of the accident – you can still have a case in New York.

What Types of Compensation is Available?

If you’re seriously injured in a bicycle accident in New York, there are many benefits available to you. The first and most important one is personal injury protection, or no-fault insurance. This is the insurance that will pay your hospital bills, whether emergency room or admission. It will pay for all the tests they do for you in the hospital. It will pay for your doctor visits. It will pay for all the tests that the doctor does for you and every medical need that you have. It will pay a certain amount of your lost wages and will also pay a certain amount of your incidental expenses. When you’re hit by a motor vehicle in New York, you get these benefits. It’s important that you hire a New York bicycle accident lawyer who files the necessary documents so that these rights are secured.

You will also be able to receive payment for your pain and suffering, lost wages, excess of lost wages by PIP, and any other injuries you may sustain due to this car accident. When you go to court, you can make money in many ways, and many different levels. There was a case I remember settled for about $800,000. The injury was only valued at $200,000, but the person proved that they lost their business because of the accident, and for this loss of the business they made $600,000. There are many avenues available to you to get money for the pain and the other injuries you sustain and damages you sustain due to this accident. That’s why it’s important that you hire an experienced attorney who can get you everything and every single penny that is due you.

Call Our New York Bicycle Accident Attorneys

If you have any further questions about your bicycle accident, please give our office a call. We offer strong legal representation for victims of New York bicycle accidents.

Pedestrian Accident Lawyers New York, NY

Not all pedestrian accidents result in lifelong or deadly injuries. Yet, they can still cause damage to anything you’re carrying (such as a laptop), broken bones, lacerations, or serious sprains. They can cause unexpected medical expenses. If you are injured after you’re hit by a vehicle while you are out walking, schedule a free consultation with our personal injury attorneys in Queens, NY.

The Most Common Causes of New York Pedestrian Accidents

When drivers are found at fault for New York pedestrian accidents, the most common causes are:

• Inattentiveness; they may be talking or texting on their phone, eating, or simply not paying enough attention to driving
• Not yielding the right of way to pedestrians
• Driving while under the influence of drugs or alcohol including, but not limited to, legal prescriptions
• Not following posted speed limits

Who Is at Fault in a New York Pedestrian Accident

Serious pedestrian accidents aren’t uncommon in New York, especially in areas that are extremely crowded. So, how can a victim determine who is at fault for the accident that caused their injuries? While there are laws that protect pedestrians and give them the right of way in many circumstances, it’s important that you schedule a free consultation with our New York pedestrian accident lawyer. The facts surrounding these sorts of personal injury claims can be different. Those facts can help a lawyer determine who is responsible for your injuries.

Additionally, the police who respond to the scene will also take a report. Make sure that you get the report number from the officer and pull a copy of it. This will also help you and your lawyer determine who is at fault for what happened to you. Medical records, talking to witnesses, and working with an accident reconstructionist are also helpful tools to determine who is at fault. It’s imperative that you and your lawyer are able to build a strong case that supports your claim.

If the pedestrian is inside of a crosswalk and they followed the signs or signals that told them that they may cross the street, the driver may hold most or all of the fault. Even if there are no signs or signals present at a crosswalk, New York drivers are legally required to yield and give the pedestrian the right of way. Of course, we know that doesn’t always happen. It’s very important that pedestrians are extremely careful when they are crossing the street.

If the pedestrian isn’t in a crosswalk at the time of the accident, there will be other things that must be considered. For example, was there a crosswalk and the pedestrian chose not to use it? Did the pedestrian attempt to cross the street in a way that would be considered reasonably safe? If the pedestrian attempted to cross the street in a way that most people would consider safe, they may still be compensated for their injuries. If the pedestrian acted in a way that is considered extremely reckless, they may not be able to receive financial compensation.

Compensation Available for Victims of Pedestrian Accidents

Often, victims are entitled to financial compensation for what has happened to them. Compensation may include:

• Medical care, including long-term care for spinal cord injuries, traumatic brain injuries, or other injuries that result in the need for life-long medical care, nursing care, or rehabilitative services
• Lost wages, including time missed from work because of the accident as well as the inability to earn a certain amount of income if you’re no longer able to work in your previous field
• Final expenses for accidents resulting in the death of the pedestrian
• Loss of quality of life
• Property damage

The types of compensation (as well as the amount) that a victim or their family may be entitled to receive depend largely on the facts surrounding the accident. To learn more about compensation, schedule a consultation with our New York pedestrian lawyer. The first consultation is free.

Out Walking and Hit by a Vehicle? Here’s What You Should Do

Hopefully, you’ve already gotten medical attention. If you haven’t, get medical attention right away. Not all pedestrian accidents result in serious injuries that require immediate medical care. Yet, there are some injuries that go undiagnosed and get worse because they don’t have any symptoms or they don’t seem like a big deal when they manifest. Protect your future by getting checked out. Follow the recommendations of your doctor.

If the police arrived on the scene, make sure that you pull a copy of the police report. Then, call our New York pedestrian accident lawyer for a free consultation. We will discuss your potential claim with you. If you have a valid legal claim, we’ll make sure that you understand your options.

Letting the Insurance Company Handle It

A common question we’re asked is whether the pedestrian should just file a claim with the car insurance company and wait for their decision. In theory, it seems like a good idea. It seems like it would be faster and less stressful than filing a lawsuit.

However, insurance companies don’t always treat victims in a way that is fair. They often offer far less than a claim is worth. The adjustor assigned to your case is likely not someone who is extremely familiar with New York laws. They may try to pressure you into signing a settlement agreement that doesn’t give you the option to get help with future medical expenses related to your injuries.

While you should certainly file a claim with the car insurance company, you should also have a New York pedestrian lawyer on your side to talk to the insurance company on your behalf.

Frequently Asked Questions

What Should I Do After I Am Hit by a Car?

If you are a pedestrian, and you are hit by a car in New York State and you sustain serious injuries, the first and most important thing you must do, is seek medical attention. You are just a person and you’re hit by thousands of pounds of vehicle. There are many things this car will do to your body that you have no idea about whatsoever. Go to the hospital; get yourself checked out. Go to your doctor; get him or her to check you out. It’s very important that you immediately seek medical attention.

The second thing you should do, if you can, is get the information of the vehicle that hit you. At the least, take a picture with your cell phone, or have someone else take a picture for you of the license plate of the car so we know exactly who it is that struck you. Get better; that’s the most important thing. Be healthy. Go to the doctor, go to the hospital, and tend to your needs.

How Do I Pick the Best Attorney?

When you’re a pedestrian in an accident in New York and you’re seriously injured you want to find the best possible attorney to represent you. You find them by researching the different attorneys available to you. You don’t want to hire the attorney who will do a divorce, do a closing on your home, do your will, and also do your accident case. You want an attorney that only does accident cases. Someone who day-in and day-out works on accident cases, and has the experience and the knowledge to represent you will be the best choice. You also want someone who has been in business for a long time. You want someone with a wealth of experience who can use that experience to benefit you in your case.

A good accident attorney is someone who’s available to you. You don’t want the lawyer who’s going to meet you for five minutes in his fancy office and usher you out to his paralegal, or to some low associate. When you call and want to speak to your lawyer, you should get the lawyer, not some underling who just pushes you off, or brushes you off, or doesn’t give you the information you need. In my office, if a client wants to speak to me, I’ll pick up the phone and talk to them. If a client wants to meet with me, we set up an immediate appointment. If a client just wants to know the status of the case, we will give them, immediately, the status of their case and how it’s going. We try and walk them through this most unpleasant process of being injured, through no fault of your own, and going to court and trying to make money for the damages you sustained.

You want a lawyer who’s going to be there for you, who’s going to work for you, and who’s going to care about your case. They should care about you, and want to make you happy and make you understand, as much as possible, what’s going on, how it’s going on, and how long things like this should take. That’s the type of lawyer that you need.

Is the Driver Always Responsible?

My answer, as a personal injury lawyer for 45 years, is yes. Unless you dropped from the heavens in front of their car, they could have done something to avoid hitting you. There’s always something to take care of. There are brakes they could have hit. They could have swerved to the right or left. Maybe they were driving too quickly. There’s something always wrong. They’re not always paying 100% attention while driving their cars.

I think when you’re hit by a car, that driver is always responsible. They may not be 100% responsible, but they’re enough responsible that you can get money for the injuries that you sustained.

Can I Be Partially at Fault?

The answer is, number one, yes, you can be partially at fault if you’re crossing between cars in the middle of the block and not at the crosswalk. The important thing to know is that New York is a state of percentages. Even if you’re 99% responsible for the accident, we can get you money for the 1%. Also, if you hire a good enough lawyer who’s an experienced litigator, they can take any experience and any situation and turn it the best way for your benefit.

Remember, there’s what the other party is going to say and there’s what you’re going to say. The other driver gets questioned by your lawyer, and if you’re lawyer knows what he’s doing, your lawyer can find many reasons why that other driver shouldn’t have hit you. Remember, you’re just a person in the street. He’s the driver of this big, heavy car. He has a tremendous responsibility not to hit anyone in any circumstance. Even if you feel you’re partially responsible, number one, maybe you’re not; maybe you think you are, but you’re really not. Number two, even if you are, that doesn’t stop you from having a personal injury case and from collecting money for your injuries.

What Benefits Am I Entitled To?

When you’re a pedestrian and you’re injured in a car accident in New York, you have the benefits of PIP, personal injury protection, or no-fault insurance. They’re two different words for the same thing. Number one, your hospital bills, your hospital stays, your hospital admissions, your hospital tests will all be paid. Number two, your doctor visits, your doctor tests, and everything related to your medical needs will also be paid. Number three, it can also cover your lost wages and incidental expenses.

In order to obtain these benefits, you must file certain documents within a limited period of time. Make sure you hire an experienced accident attorney who knows what they are doing and will file all these documents for you so you will get every single benefit available to you.

How Long Will My Case Take?

This is a very complex question and doesn’t really have any answer. Many factors go into this. Number one, what are your injuries, and how soon will we know the future of those injuries? How soon will we know the full extent of those injuries? Number two, what type of insurance is available? Who is the insurance company? Are they the type of company that settles cases promptly, or are they the type who must go to court? There are many cases that will not make any offers until you’re picking a jury in court.

There are many more factors that go into this, but the key factor for anybody who’s injured as a pedestrian is to hire an experienced accident lawyer. That lawyer will make it as quick and as prompt as possible if they knows what they’re doing. In my office, if you’re seriously injured, whether pedestrian or not, we will immediately put your case into suit and start pushing as hard as we possibly can, to get to court as quickly as possible and make you as much money as soon as possible. That’s what an experienced lawyer can do for you. That’s why it’s very important you hire one when you’re out looking for a lawyer.

How Do Determine How Much My Case is Worth?

If you’re a pedestrian hit by a motor vehicle in New York and you would like to determine the value of your case, you need an experienced attorney to help you. An attorney who’s been practicing for a long time knows very well the value of each type of injury and all the nuances that can go into making the injury more valuable or less valuable. That’s why it’s most important, when you’re injured, to hire an experienced personal injury lawyer. That lawyer will guide you, teach you, and show you examples from his or her own experience of the type of value of the cases.

Do I Have a Claim for a Hit and Run Accident?

The answer is yes, you can have a case. Number one, there is a special corporation in New York that will cover uninsured or hit and run cases, if all the requirements are met beforehand. Number two, your own insurance company may cover you for such an accident. There’s such a thing called household insurance, which every car owner must have in addition to their liability coverage.

There are avenues available to you, but to walk down those avenues it’s important that you hire an experienced accident attorney, who will file the proper forms within the proper period of time to make sure you are protected, and that these forms of payment are available to you. You can have a case if you’re in a hit and run; you just have to have a lawyer take good care of you, so you can get payment for it.

Call Our personal injury attorneys in Queens, NY Today

If you have any questions about your case, and you want an experienced personal injury attorneys in Queens, NY to help guide you through it, please give Krause & Glassmith a call. We would be happy to answer your questions.

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