When you think about a rear-end collision, you probably envision a minor fender bender. While these accidents certainly can be minor, when high speeds are involved, serious injuries and even death can result. But a rear-end collisions attorney in Yonkers can help you hold the negligent driver responsible.
At the Morelli Law Firm, we know all the possible consequences of a rear-end accident and the actions that must be taken to secure fair compensation for our clients after a crash. We will do everything in our power to ensure we get your life back on track as quickly as possible.
Determining Who Is Liable in a Rear-End Collision
When you have been involved in a rear-end accident, you will likely be seeking compensation to help cover repair costs and medical bills. Before you can file a lawsuit or an insurance claim, you must first identify the liable parties.
When it comes to rear-end collisions, the rear vehicle is always presumed liable. Unless other evidence can be found to contradict this presumption, the driver of the rear vehicle is at fault for the accident.
Of course, there are times when other evidence can prove that the front driver or a third-party driver was responsible for the collision. The manufacturer of one of the vehicles could also be held liable if a defect in that vehicle led to the crash.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
How a Rear-End Collisions Attorney in Yonkers Can Help
When you hire a rear-end collisions attorney in Yonkers to help after an accident, they will immediately begin an investigation into the circumstances of your accident. In addition to determining liability, this investigation will aim to gather evidence to support your compensation claims. Some of the most common steps in this type of investigation include:
- Visiting the accident scene, taking pictures, and collecting evidence
- Interviewing all witnesses
- Speaking with experts
- Obtaining a copy of the police accident report
- Going over your medical records relating to the crash
After completing this initial investigation, your attorney will evaluate the damages you have suffered and calculate the full value of your claim. Next, they will prepare and file your lawsuit with the court and then begin the pre-trial procedure. Finally, if a settlement agreement has not been reached in the meantime, your attorney will represent your interests in court.
While your lawyer is busy going through the necessary steps, they will also be in communication with legal representation from the opposition, attempting to negotiate a fair settlement deal.
Your attorney will keep you updated on the progress of your case, including relaying any settlement offers. They will advise you on the best course of action, and if there are any alternative actions that you might also want to consider.
Types of Compensation You Can Claim After an Accident
There are many different types of compensation you may be eligible to claim after a rear-end collision. Which damages you can claim depends upon the specifics of your case. Common compensation claims include:
- Medical expenses
- Lost income
- Diminished earning capacity
- Property damage
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Wrongful death
All of these can be divided into economic and non-economic damages.
These are the damages an accident victim suffers that are easily quantifiable. Things like medical expenses, lost income, and property damage all have specific monetary costs. Compensation for these damages aims to directly replace the money that has been lost and will be lost, as a result of your accident.
Non-economic damages are a lot more difficult to put a price tag on. When you experience the loss of a loved one, there is no amount of money in the world that can right that wrong. Unfortunately, money is the best our legal system has to offer victims who suffer these types of losses.
Because these losses are so great, the compensation tends to be quite high. Non-economic damages typically make up the bulk of a compensation package after an accident.
Punitive damages are a third type of damages that are awarded in some cases. These damages are different from the others because they are not meant as compensation for a loss suffered by the accident victim. Instead, they are supposed to serve as a form of punishment for the liable party.
Punitive damages do not apply to every accident case. These damages are only assessed when the actions of the at-fault party are deemed to have been willfully negligent and carried out with wanton disregard for public safety.
What Does a Yonkers Rear-End Collisions Lawyer Charge?
When you have been in a car accident, you may be unable to work while facing significant repair costs and a stack of medical bills. You don’t need to worry about finding a way to pay a Yonkers rear-end collisions attorney for legal representation on top of it.
Fortunately, you don’t have to. Personal injury lawyers work on a contingency fee basis. That means that they don’t receive payment for their work unless you receive compensation for damages. This payment structure is quite reassuring to accident victims, as they can feel confident that their attorney will do everything within their power to win a large payout.
What Is the Statute of Limitations for Filing a Personal Injury Lawsuit?
According to New York’s CVP § 214, you generally have up to three years from the date of the accident to file a lawsuit against the liable party. In certain situations, though, that timeframe can be much shorter.
Whether you are looking at years or weeks for filing a claim, it is always best to contact a rear-end accident attorney as soon as possible. Waiting to file a claim can result in evidence becoming lost or corrupted. Additionally, witness testimony becomes less reliable over time.
Going to Court vs. Taking a Settlement After a Car Accident
While the first settlement offer you receive is almost guaranteed to be a terrible deal, through negotiations, you can usually work out a fair compensation offer. The vast majority of personal injury cases are settled out of court and with good reason.
Taking your case to trial is both time-consuming and comes with a high level of uncertainty. While there is the possibility of a higher payout in a courtroom trial, the risk of getting nothing is usually too great to make it worth the gamble.
Still, you should always be willing and prepared to go to court. This puts pressure on the liable party to offer you a fair deal and ensures that you are well-positioned to get the money you deserve in court if they do not.
Choosing a Rear-End Collisions Attorney in Yonkers, New York
Having an experienced Yonkers rear-end collisions attorney working for you is essential if you hope to receive fair compensation after an accident. The lawyers at the Morelli Law Firm know what it takes to get our clients the money they deserve.
Contact us today by filling out our easy online contact form or by giving us a call. Schedule a free, no-obligation consultation with a member of our legal team. We will review your case and advise you of your options. We are here to help.