Queens Car Accident Lawyer - Finz & Finz P.C.

What Do You Have to Prove in a Queens Car Accident Case?

If you are pursuing a car accident case, you will need to prove that another party caused the crash. You will also have to prove you have suffered injuries and compensable losses as a result. Proving who caused a car accident usually involves showing how another party’s actions make them legally at fault for the crash.

For example, this may involve showing that the at-fault driver was speeding, ran a red light, made an illegal turn, or changed lanes without signaling.

Proving fault for a Queens car accident often requires evidence such as the following:

Accident scene photos

Eyewitness statements

Police reports

Surveillance footage

Cell phone records

To recover compensation in a car accident case, you also need to prove what losses you incurred due to the crash. This can include medical and rehabilitation expenses, loss of wages for the period of time you missed from work and loss of future earning potential, and even personal losses such as physical pain and emotional distress.

Proving financial losses usually requires documentary evidence such as bills, invoices, receipts, pay stubs, and tax returns. In catastrophic cases, where the plaintiff is unable to ever work again (or work in a diminished capacity), expert testimony from a vocational and forensic economist is often necessary. Showing non-financial losses involves relying on testimony from your treating medical providers, family, and friends regarding the impacts your injuries have had on your life.

Dangerous Roads and Intersections in Queens, NY

Unfortunately, Queens, NY has many dangerous roads and intersections where car accidents regularly occur. Based on our analysis of publicly available crash data, some of Queens’ most notoriously deadly roads include Queens Boulevard and, to no surprise, the Long Island Expressway.

Other dangerous roads and intersections in Queens, NY include the following:

Atlantic Avenue

Woodhaven Boulevard

Northern Boulevard from 70th Street in Jackson Heights to Main Street in Flushing

South Conduit Avenue

Jamaica Avenue between 85th and 98th Streets

Fatal Car Accidents in Queens, NY

With the number of people on the roads in NYC, there are many traffic fatalities in Queens. This fact is demonstrated by the following statistics from the National Highway Traffic Safety Administration (NHTSA):

There were 963 fatal car accidents in NYC one recent year.
Of these fatal wrecks, 78 of them occurred in Queens.
Most of Queens’ fatal crashes occurred on Saturdays.
The deadliest month for Queens that year was September.

Although nothing can replace the love, affection, and support of a loved one who was killed in a motor vehicle accident, these traffic fatalities leave behind family and friends struggling with the expenses and grief of losing someone. If your loved one was killed by a negligent driver, you and your family should take the following steps to preserve your right to pursue justice and financial compensation:

Take photos or videos of the accident scene if possible, including skid marks on the road, traffic signals, road markings, and property damage. This can help experts accurately reconstruct the incident.
Keep copies of bills and invoices for expenses you and your family have incurred due to your loved one’s passing, including medical bills and funeral costs. Make sure to have your loved one’s pay stubs or tax records on hand as well.
Consider starting a journal to document the emotional distress and personal loss you have endured following your loved one’s death.
Avoid discussing your loved one’s accident or your family’s legal case on social media.
Speak with a Queens car accident lawyer as soon as possible.

How Can a Queens Car Accident Lawyer Assist Your Personal Injury Claim?

An attorney from Finz & Finz, P.C. can help you pursue your legal rights after a car accident in Queens by:

Conducting an independent investigation into the accident to determine what caused the crash and who should be held liable
Obtaining and securing documentation to prove the losses you sustained from your injuries and ensure that we pursue a full financial recovery in your case
Preparing and filing your insurance and legal claims
Retaining industry-leading expert witnesses, such as accident reconstructionists, medical specialists, vocationalists, forensic economists, and others
Negotiating with insurers and defense lawyers to try to reach a fair settlement
Preparing for and advocating on your behalf at a trial before a Queens jury, if a fair settlement cannot be reached

How Long Do You Have to File a Queens Car Accident Lawsuit?

In New York, the time in which a car accident lawsuit must be filed against the at-fault party is referred to as the statute of limitations. In auto accidents, this deadline is typically three (3) years from the date of the accident. However, the deadline may be shortened or extended based on the facts and circumstances of your case.

Some common statutes of limitations are as follows:

Car Accident Involving a Municipality (e.g., the City of New York): 90 days to file a notice of claim
Car Accident Involving the State of New York: 90 days to file a notice of intention
Wrongful Death Car Accident: 2 years
General Car Accident: 3 years

Every case is different and will require an analysis of which deadlines and statutes of limitations apply, so it is important to consult with an attorney immediately. If you fail to meet a filing deadline, you may be forever barred from any recovery.

When to Contact a Queens Auto Accident Attorney

Preparing a car accident lawsuit can take a long time. It requires investigating the accident, consulting with expert witnesses, calculating the amount of compensation to demand, and evaluating different legal options for obtaining financial recovery. By giving your personal injury attorney as much time to prepare your case as possible, you increase the chances of securing the required evidence to support a favorable outcome.

Don’t wait to get the legal representation you need. Contact Finz & Finz, P.C. today for a free case evaluation with a Queens auto accident attorney.

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