Bronx Negligence Car Accident Lawyer

Car accidents are caused by a variety of factors. For example, some of the most common causes of car accidents include texting while driving, drunk driving, speeding, running red lights and stop signs, driving while fatigued and aggressive driving. Each of these causes is a type of negligence and is in violation of the requirement of New York law to operate motor vehicles in a non-negligent manner so as to not put others at risk. Negligent driving is the leading cause of car accidents and the leading cause of serious car accident injuries. Victims and their families and left physically, emotionally, and financially devastated. However, under New York law victims of car accidents are allowed to seek compensation from the person whose negligence resulted in the accident. If you were injured in an auto accident caused by the negligence of another person, contact an experienced Bronx negligence car accident lawyer at Stephen Bilkis & Associates. The process of filing a claim against the negligent party is complicated. To ensure that you receive the maximum compensation to which you are entitled, it’s important to have experienced legal representation.

Elements of a Negligence Claim

In order to show that a driver was negligent, you must show the following:

• The defendant had a duty of care. New York law requires drivers to operate their vehicles in a prudent manner in order to avoid putting others at risk. Thus, when a driver gets behind the wheel and drives his or her car, the driver owes you and all other drivers and pedestrians a duty of care.
• The defendant breached his duty of care. In other words, the driver was not careful. To show that the driver was not careful, you must prove that the driver’s behavior was not reasonable. Violating a traffic law is evidence of breaching a duty of case. Thus, if a driver failed to stop at a red light, failed to yield to pedestrians in a crosswalk, or tailgated, then that is evidence that the driver behaved negligently.
• You suffered injuries. In order to have a valid negligence claim following a car accident, you must show that you suffered an injury and that the injury was caused by the accident. For example, Joe spent all day Saturday moving boxes into his new home. In the process he injured his back. On Monday he was in a car accident. If Joe claims that he injured his back in the car accident, he may have problems showing that his injury was caused by the car accident.
• You suffered losses. Just because you were in a car accident caused by another person’s negligence does not necessarily mean that you are entitled to damages. Not only must you have suffered some sort of injury (or property damage), you must be able to prove that you suffered a loss. For example, if you were injured you must show medical records and bills to prove your medical expenses. In addition, if you missed worked while recovering from your injuries, you must show evidence of the wages you lost.

Pursuing a Claim

If the negligence of another driver caused the car accident that resulted in your injuries, with the help of an experienced Bronx negligence car accident lawyer, you can demand the following compensation from the negligent party:

• Lost wages
• Loss of future earning capacity
• Past medical bills
• Future medical bills
• Pain and suffering

If a loved was killed in the car accident, you may be able to pursue damages through a wrongful death action. To learn more about the requirement of filing a wrongful death claim, including who has legal standing, contact an experienced negligence car accident attorney in the Bronx. Whether your claim is for your injury or for the loss of a loved one, it must be filed before the expiration of the statute of limitations. Otherwise the court will dismiss your claim due to it being time-barred.

Contact Stephen Bilkis & Associates

A personal injury lawsuit stemming from a car accident can be complicated, involving complex evidentiary issues related to fault. If you were injured in a car accident, contact an attorney who not only has experience handing car accidents, but is also familiar with the medical issues victims of such accidents experience. Contact an experienced negligence car accident attorney serving the Bronx at 800.696.9529 to schedule a free, no obligation consultation regarding your car accident. We serve clients in the following locations: Bronx, Manhattan, Westchester County, Suffolk County, Staten Island, Brooklyn, Long Island, Nassau County, and Queens.

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