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New York Car Accident FAQ

What are the steps I should take immediately after a car crash?

If able, the first priority would be to check and see if anyone was hurt. If you or anyone else sustained an injury, do not try to move on your own. Wait until emergency personnel arrive and evaluate you. Make sure that your account of the car accident gets into the police report. Never admit fault for the incident. Do not make any statements at the scene. But try to collect as much pertinent information as possible. If you have been involved in an accident, be sure to stop immediately and remain at the scene regardless of whether anyone has been injured or whose fault the accident may have been.

What information should I gather?

Every detail of the accident may prove useful if you choose to file a claim later. Here is some of the information from the crash scene that could prove valuable:
  • The location, date and time of the accident
  • Names and contact information for all parties involved, including any witnesses to the accident
  • Description of the vehicles involved, including the make and model of each vehicle
  • Insurance information for other drivers involved in the accident
  • Take photographs to document the incident. If you have your cell phone with a camera, use it. Photograph your injuries, the position of the vehicles, the damage to the vehicles, and other evidence at the scene.

Will I need to call my insurance company?

The best thing to do is to call an experienced personal injury lawyer right after the accident so that the lawyer can contact your insurance company and the other person's insurance company for you.

Do I need to go to the hospital or get medical attention?

If you only have pain and no apparent injuries, you may feel as if you do not need medical attention. The truth is that many soft tissue injuries, such as whiplash, get worse if not properly treated and symptoms may not even surface until days after the incident. If you have been injured do not decline medical attention at the scene. In addition go to the hospital to get a checkup. Head injuries such as concussions need immediate attention. Your visit to the hospital will not only create a record of your injuries, but also help put you on the road to recovery.

What does the term “negligence” mean in car accident cases?

Negligence refers to careless or reckless behavior on the part of another individual and/or company. A person can be negligent by having done something or by failing to do something that he or she should have done. Common examples of driver negligence include:
  • Exceeding the speed limit or driving at an unsafe speed given the traffic, weather and roadway conditions
  • Making an unsafe lane change
  • Driving under the influence of alcohol and/or drugs
  • Failure to follow the rules of the road such as running a red light or stop sign or failing to yield the right-of-way to a pedestrian
  • Distracted driving, such as talking on the cell phone or texting while driving
  • Failure to maintain one's vehicle properly

What type of compensation am I entitled to receive?

The type and amount of compensation to which you are entitled usually depends on the nature of the accident and the extent of your injuries. You could seek compensation for damages including, but not limited to:
  • Medical expenses, hospitalization, surgery, emergency room fees and cost of medications and medical devices
  • Loss of wages and loss of earning capacity due to time missed at work
  • Cost of rehabilitation and physical therapy
  • Permanent injuries
  • Disabilities or disfigurement
  • Past and future pain and suffering
  • Emotional injury
  • Out-of-pocket expenses
  • Loss of services of a spouse or child
  • Loss of benefits, etc.

Will I be able to seek compensation even if I am at fault?

If you have been injured in a car accident that you believe may have been your fault, you do not have to accept an insurance company's determination. Insurance companies may often attempt to pin the blame on you so they can minimize the payout or eliminate it completely. For example, in one case where our client was injured in a car versus truck accident in which his wife was the driver, we were able to obtain $2,550,000 in compensation. A judge ruled that our client's wife was 100 percent responsible for causing the accident. Since our injured person in this case was prohibited from recovering against his wife, we sued the truck owner and driver. Despite the judge's ruling that the truck owner and driver were not even 1 percent at fault, we were able to get the trucking firm's insurance company to settle for $2,500,000 and the insurance company for the car in which our client was a passenger to offer the full $50,000 policy.

Will I need to go to court?

Every case is different and there are a number of legal options available for injured victims of car accidents. If the insurance company provides you with a fair settlement, going to court may not be necessary. However, if the insurance company is stonewalling you or denying fair compensation, going to court may be the best option.

What is a personal injury claim?

When someone is charged or cited for causing a car accident, he or she may face criminal charges. Their criminal case or citation may result in fines or jail time, but it will not result in compensation for victims and their families. A victim may have to file a personal injury claim in a civil case to hold the negligent driver accountable. Please remember that a personal injury lawsuit may be filed against the negligent party even if he or she does not face criminal charges.

How much is a claim worth?

Every case is different. You can, however, begin to estimate the potential value of your claim by calculating your damages and losses relating to the car accident. Keep records of your lost wages, your medical bills and damage to property such as loss of your vehicle. All of these types of losses can be included in a claim. What is perhaps more challenging to calculate is the value of your pain and suffering. Non-economic damages such as pain and suffering, loss of companionship and emotional distress can be included in a claim as well.

Do you need an attorney?

It is advisable to immediately consult with a skilled New York car accident attorney who offers free initial consultations. Such a consultation will give you an opportunity to learn about your legal rights and options. You will need the services of an attorney if you suffered a serious injury, if the driver involved left the scene of the crash or if there is a disagreement regarding how the accident occurred. There are many reasons why it could prove useful to have a skilled injury lawyer guiding you through the legal proceedings.

About the Law Offices of Kenneth A. Wilhelm

The Law Offices of Kenneth A. Wilhelm is a personal injury litigation firm with an unwavering dedication to its clients. With more than 42 years of experience, our firm strives to obtain the best compensation for those who have been injured or those who have lost a loved one due to an accident or by someone else's negligence. We handle cases dealing with personal injury, medical malpractice, wrongful death, workers' compensation, dental malpractice, motor vehicle accidents including car, bus, train and truck accidents, pedestrian accidents, rape, paralysis, comas, seizures, false arrest, lead poisoning, trips and slips and falls, falls on sidewalks or stairs, elevator accidents, construction accidents, Erb's palsy, cerebral palsy, brain damage, blindness, hearing loss, dog bite cases, fire and smoke inhalation accidents, bicycle accidents, falls from windows or scaffolds, food poisoning injuries, and many other types of accidents and injuries. Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys' fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case. Other TOLL FREE phone numbers for us are:1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES Please visit us at: http://www.WORK4YOULAW.com  

Client Testimonials

Mr.Wilhelm and Mr. Ginsberg really care about representing people who might otherwise not be represented. They come to your home, if you are unable for whatever reason to meet with them in their office. That is a rare thing in this day and age. ... They do excellent work and try their utmost to achieve a positive outcome.read more
Veronica B.
I have worked as appellate counsel and of counsel to Mr. Wilhelm for 25 years. Mr. Wilhelm's firm always does an extremely thorough job of working up each client's case in order to optimize the chances of maximum recovery. The Wilhelm firm... zealously litigates their clients' claims and, if necessary, will take a case to trial and on appeal to ensure that their clients get the best results possible under the law.read more
Susan N.
Mr. Wilhelm was very helpful and caring the whole step of the way. Also very efficient in handling my case which was very difficult. I could not thank him or his staff enough for their support.
Inawa M
Most helpful and caring law firm! Mr. Wilhelm and Mr.. Ginsberg make you feel right at ease! Happy holidays to all!
Veronica B.
Extremely professional and polite staff. Very caring lawyers and Mr. Wilhelm and Mr. Ginsberg made you feel right at ease. Would definitely recommend them to others!
Veronica B.
So thankful Mr. Wilhelm accepted me as a client!!I was first taken in by an attorney that only had his interests first, I can't even imagine how I would live if Mr. Wilhelm didn't get the chance to review my case, use his knowledge and experience... and WIN BIG!!I didn't know what to expect as far as compensation but I knew everything was going to be all right when Mr. Wilhelm called me one day and asked is he could settle....WOW!!!Not only did Mr. Wilhelm win a summary judgement for me(in my situation this was very good), Mr. Wilhelm got me more money in my pocket than what the bum attorney I was with first demanded in full resolution.Don't waste your time like I did, talk to Mr. Wilhelm first and you will understand what I already know.I learned from my suit, every decision you make WILL AFFECT YOUR WELL BEING!!read more
I met with an accident and my leg was broken. My friend suggested me to consult Kenneth A. Wilhelm's law firm as my medical bills was more than the coverage limits of the responsible party. Mr. Wilhelm was very friendly and kept me informed about... the case progress and the case outcome was exactly what we expected.read more
John C.
Great attorney. Professional and courteous staff. Wouldn't use anyone else.
Joni Cicerale M.
When my daughter was burned in an accident, my husband and I looked for a good lawyer who specialized in burn cases. My husband found Mr. Kenneth A. Wilhelm, and we called him and met with him. He told us he would do whatever he could for our... daughter, and he did! We were very pleased with the work Mr. Wilhelm did for our daughter, and we are glad we chose such an excellent lawyer. We would choose his services again if we had to, and I would recommend his services to my family, friends, or anyone who has need of a lawyer. My daughter is doing well because of him.read more
Stanley G.
My son was born prematurely, and I trusted the doctors and hospital to get him through the first few weeks and out of danger. The doctors made some mistakes in their procedures and my son is now injured for life because of their mistakes. I didn't... know what to do. I hired Ken Wilhelm's law office because I heard from someone that Ken Wilhelm is the best. He and his attorneys held the hospital responsible for their errors. We received a very large settlement. It doesn't fix my son's suffering but I feel that my attorneys helped me get what my family deserved for our hardship.read more
Jean S.
I have known Mr. Wilhelm for the past 12 or more years. He represented me for different problems that I had, and he was very successful. I have no problem in recommending him to my friends and neighbors because he is an honest and reliable attorney.
Malcolm N.
I have been a client of Kenneth A. Wilhelm's law firm for many years. I am very pleased with the services that I have received. I have always told my family, friends, and neighbors that if they ever need a lawyer, they should contact Mr. Wilhelm. ... The employees are not only helpful in assisting your needs, but they are trustworthy and you can be comfortable leaving all matters in their hands. They were very helpful to me and my family when I had my accident, like a second family. Please don't hesitate to call the Wilhelm firm; they will be there for you in your time of need.read more
Guy F.

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