New York Car Accident Lawyer

UNDERSTANDING A CAR ACCIDENT CASE IN NEW YORK

Prior to going into private practice, I worked as an in-house attorney for a large Fortune 500 Company. I defended thousands of car accident cases in the Bronx. In this endeavor, one for the first things I learned about car accident cases was that every good plaintiff’s case has three main components. 1) liability 2) damages and 3) insurance coverage.  Here is a quick look at these three components:

LIABILITY

In its most basic terms, liability is the ability to prove that defendant’s negligence caused the accident.  In legalese, was the defendant’s actions the proximate cause of the accident.  For example, did the defendant’s car hit the victim’s stationary car in the rear? 

DAMAGES

In New York, the law provides that a plaintiff must suffer a significant injury in order to maintain a viable lawsuit for a car accident.  Obvious significant injuries include broken bones or scarring.  Many insurance defense attorneys will refer to this as the “threshold” defense.  They will ask, a jury something like this, “even if the defendant is responsible for the accident, did the plaintiff’s injury meet the minimum standard for compensation.”  For example, minor neck and back pain are generally not considered to be serious in nature.

COVERAGE

It is important for every plaintiff to know whether or not there is a monied defendant.  Sadly, while a defendant may be liable for the plaintiff’s significant injuries, the defendant may not have any financial means to pay to make the plaintiff whole again. Each day a large number of drivers operate a motor vehicle without insurance or while being underinsured.  

If you are the victim of a car accident, give our lawyers a call to schedule your confidential consultation today.  We can be reached at 800-893-9645.

About our firm: At Villanueva & Sanchala, PLLC we have over 30 years of legal experience and have gained a reputation among our peers as being superb lawyers. Our lawyers are lead by a former prosecutor and use our skill to aggressively fight for our clients.