Were you hurt in a car accident because the at-fault driver was texting instead of focusing on the road? If you were, or if a loved one was seriously or fatally injured, you can hold the at-fault driver financially responsible for the consequences of their negligence. You do not have to pursue the at-fault driver on your own.
Our lawyers fight for victims of car accidents in Yonkers. We can work to uncover evidence of the driver’s texting while driving, calculate how much you can recover for your damages, and negotiate a fair settlement. You should not have to let financial hardship prevent you from getting the medical care you need. Our attorneys can go to work on your compensation lawsuit immediately.
Seeking Recoverable Damages
New York Insurance (ISC) §5102 lets you request financial compensation from an at-fault driver after a car accident. To qualify for compensation, our lawyers must prove the at-fault driver’s duty of care toward you, breach of duty, and their responsibility for your injuries and financial damages. Once we prove these elements of negligence, you could recover compensation for your:
- Health care expenses
- Property damage
- Pain and suffering
- Physical disabilities
- Emotional distress
- Lost wages and income
- Loss of enjoyment of life
Our team can help ensure no expenses are overlooked or omitted. As part of proving your lawsuit’s monetary value, we will also help you pull together the documents that establish your damages. We then organize them into an evidence file, submit them to the insurance company, and manage all other communication on your behalf.
Gathering Evidence of Your Recoverable Damages
Just as your car accident expenses will be specific to you, your post-accident case file will contain items that are unique to your circumstances. When we build your lawsuit, we start by listening to your description of the accident and drawing out important details. We also gather a comprehensive array of documents and evidence to support your version of the events leading up to the accident. Items we may request include:
- Medical records
- Salary history
- Medication receipts
- Therapy records
- Car repair receipts
Comply with requests for information and documentation as soon as possible. If necessary, we may request documents on your behalf so you can concentrate on healing.
In addition, do not hesitate to share any additional items not included on this list with one of our car accident attorneys if you believe they will benefit your case.
Additional Items for Your Case File
Your evidence file tells the story of your car accident, which is why we work so hard to make sure your file is complete. One part of your case file will document your range of financial expenses and losses. Another part will contain documents that prove the at-fault driver’s negligence, including:
- Your official car accident report
- Injury photos and accident scene photos
- Oral and written witness statements
- Available residential or retail video footage of the driver texting while driving
- Police-generated photos and diagrams
An accident lawyer from our firm will build both parts of your evidence file. Our team will also investigate the accident scene, if possible, to gain different perspectives on the collision from multiple vantage points.
Benefits of Hiring Our Team for Your Case
Our client support team works hard to help you get the financial settlement you deserve from the driver who caused your accident by texting while driving in Yonkers. Holding distracted drivers responsible for their actions might also help make streets safe in the future.
To ensure your understanding of the progress of your case and the complexities of settlement negotiations, our team members will:
- Update you as your case develops
- Provide responsive, supportive care
- Negotiate a fair monetary settlement
- Comply with all personal injury laws
An additional benefit of letting our personal injury lawyers handle your lawsuit is our understanding of the state’s filing deadlines. We also understand the state’s insurance laws and the timeline insurance companies must adhere to when responding to claims and when paying an agreed-upon settlement.
Act Now to Protect Your Right to File a Lawsuit
The state of New York determines the filing deadline for a car accident in Yonkers. Do not overlook the importance of meeting the filing deadline. If it is not met, you might unintentionally give up your right to file a lawsuit. Potential filing deadlines include the personal injury and wrongful death statutes of limitations as follows:
- If you were injured in the accident, you typically have three years to file a personal injury lawsuit, per New York Civil Practice Law & Rules (CVP) §214
- If your loved one died as a result of a distracted driver, your family generally has two years to file a wrongful death lawsuit, per New York Estates, Powers & Trust (EPT) §5-4.1
With adequate notice of your accident and of your intent to seek compensation, our team can help you avoid the risks of an expired statute of limitations. Getting us involved right away might also enhance our investigation and witness interviews.
Let Us Help You Fight for Financial Recovery
Did texting while driving or another form of distracted driving lead to your or your loved one’s injuries? If so, find out how an accident lawyer at our firm can help you compile, organize, and present your evidence to the at-fault driver’s insurance company. Our team is ready to help you get the compensation you deserve in Yonkers.
Before you speak to the at-fault driver’s insurance company, contact the car accident attorneys at Morelli Law Firm. Call (212) 751-9800 to speak to a team member and start building your lawsuit today.