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Long Island, NY Personal Injury Attorney

Medical Malpractice Attorney In Long Island
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Two-Vehicle Crash Kills Huntington Woman and Injures Three

Huntington, NY - A tragic crash that occurred at the intersection of County Road 48 and Westphalia Road at about 4:15 p.m. of July 6 claimed the life of a 23-year-old Huntington woman and injured three others. Allegedly, a 40-year-old Or...

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8 People Injured Including 1 in Critical Condition After Car Crashes into Queens Restaurant

Queens, NY - A wild crash injured eight people including one, who is in critical condition, after a car slams into a restaurant on Roosevelt Avenue in Jackson Heights, Queens on the night of July fifth. T...

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Pedestrian Struck and Killed in Brooklyn Crash

Brooklyn, NY - A 58-year-old female pedestrian was struck and killed from a vehicle collision at the intersection of Avenue J along Ocean Avenue at about 7:20 p.m. on July 5. The tragic crash happened when a speeding driver of a 2015 Kia Optima ran ...

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Police Car Collides with SUV in North Lindenhurst, NY

North Lindenhurst, NY - According to preliminary investigation, a police car traveling westbound on Route 109 crashed with an SUV with a female driver behind the wheel going south on Wellwood Avenue. The two-vehicle collision occurred at appr...

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31-Year-Old Man Killed in Two-Vehicle Crash in Queens

Queens, NY - According to NYPD Highway District’s Collision Investigation Squad, a 31-year-old man driving a white 2017 BMW 440 sedan traveling northbound on 95th Street ran a red light at the 35th Avenue intersection in Jackson Heights, Quee...

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Did You Know:
Our Medical Malpractice Attorneys in Nassau and Suffolk Counties secured the BIGGEST reported verdict in a cervical cancer case!?

The Supreme Court, Queens County, awarded a $30 million verdict against laboratory and gynecologist for missed diagnosis on Pap smear. which was the la...

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Four People Injured in Horrific Car Crash on Staten Island

Staten Island, NY - Four people were injured including the teenage driver, who sustained serious physical injuries after crashing his Infinity SUV into a tree near the intersection of Drumgoole Road and Arden Avenue on Staten Island. The...

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Off-Duty NYPD Sergeant Fled the Scene After Colliding with a Bicyclist in Brooklyn

Brooklyn, NY - Allegedly, a 27-year-old off-duty NYPD sergeant collided with a bicyclist near the corner of Fifth Avenue and 57th Street in Brooklyn, New York at approximately 4:00 p.m. on July the 1st. After the ...

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Testimonials

5 months ago
Great Experience! Great Service! Jonathan helped me throughout my entire journey. I even referred my grandparents to him when they had an accident. He was very helpful & was great to us. Thank you! :)
- Jazmin B
7 months ago
Wonderful , Amazing and the best is just a few of the words I can use to describe the lawyers here. They worked hard and settled a case for my father . I was so impressed that I even recommended them to my aunt who now is also using them. Thanks again! A+++
- sabrina g
7 months ago
I would like to recommend Marianne C. Burke and her firm. She was always quick to respond, whether via text, email or phone call; she was efficient and friendly. I hope I never need her representation again, but if I do, she is the one I will call, without hesitation. Thank you, Marianne.
- Brigitte L

Long Island, NY Car Accident Attorney

The Basics of Car Injury Cases

A car accident can have serious health and financial implications for those who are involved. In most states, it is the at-fault driver who will have serious problems because of the accident. The victim will have to claim compensation from the insurance provider of the at-fault driver. The laws and rules differ from state to state and there are some occasions where the insurance provider may not be willing to provide compensation for personal injury cases. If you’re searching for a Long Island, NY personal injury attorney, you can always reach out to Silberstein, Awad & Miklos, P.C. and we will be more than glad to look at your case.  

Determining the Fault for a Car Accident  

You should check out online if you fall on the “fault” states category. These states are known for providing fault liability for damages that could come about because of a car accident. The difference in laws can have a huge impact on what happens after an accident but it is the determination of whose fault it was that will play a big role in the outcome of the case. There are occasions where the fault is obvious and even the guilty party acknowledges the same. There are also occasions where no one wants to take responsibility and it can be challenging determining whose fault it is. In order to prove liability in the case that involves a car accident, the injured person must prove the following.

There Was a Legal Duty

It is a legal duty for someone to owe other drivers on the road. Getting behind the wheel means you owe a legal duty and are responsible for your own actions. You’re required to operate the vehicle with reasonable standard care while being mindful of other road users and pedestrians.  

A Duty Was Breached  

The victim has to prove that the defendant was negligent in carrying out his or her duties on the road. The “reasonable care” law is used as a yardstick in determining if there was a breach of duty. The defendant’s behavior on the road at the time of the accident is measured against what a competent and responsible driver would have done in the same situation. If a responsible and reasonable driver could have been more carefully, then the defendant is considered to be negligent therefore a fault.  

The Breach Lead to Injuries  

Sometimes it won’t be enough if the driver was negligent alone. This alone wouldn’t be sufficient for the driver to be held responsible for the accident. There needs to prove that the driver’s negligence directly caused the accident. This, in essence, means that the accident could not have happened if the driver was more careful.  

Shared Faults  

Sometimes the cause of the accident can’t be attributed to one person. Both parties could have contributed to the accident. This can have an effect on the compensation one can claim from the insurance company. There are some situations where the injured person may not be able to claim anything from the insurance company. The rules will be different in every state and your car accident attorney should brief you of all the possibilities.  

What To Do When Involved in a Car Accident

There are some things that people do at an accident scene that could jeopardize their chances of getting compensated. If you get involved in a car accident, you need to:  

Stop: You shouldn’t try to drive away even if you’re at fault because someone could be in need of urgent medical attention. You shouldn’t stop immediately when you get the chance so that you’re not endangering the life of others.  

Don’t flee: You should remain at the scene of the accident unless you’re told otherwise by the cops. Your details will need to be taken down so that insurance provider can be aware of the situation. Make sure that the police has arrived before you leave the scene even if you’ve not been injured.  

Assist the injured: You should try to administer first aid to those have been injured as you wait for the ambulance to come.  

Seek medical attention: You should seek immediate medical attention if you’re injured in the accident. You need to have insurance coverage that takes care of emergency situations.  

Only talk to the police: You’re not obliged to give out any information at the accident scene. You should only explain the situation to the police if there is no one that is in immediate danger because of the accident.  

What Else You Should Do  

You will need to gather all the evidence you can to make it easy when filing for claim. You can write downs notes on the specifics of the accidents. Make sure you’re taking pictures and videos if possible. Interview witnesses if there are any so that you have a strong case.  Go to the hospital if you feel like you’ve been injured in any way.  

Accepting the Insurance Payments  

You should not accept payments from the insurance company before analyzing the situation and considering all the options. The payment might not be what you deserve and that will necessitate looking for a Long Island, NY car accident attorney. You can reach out to us to help with the case if you’re looking for a Long Island, NY car accident attorney.  

When you sign to accept the payments, you might be able to change your mind later even if you feel you could have gotten a better deal. Always reach out to an experienced attorney if you’re not sure about the whole situation.  

Driving Without Insurance  

You should never drive without insurance because you could lose out in case of an accident. It is also required by law that you have some types of insurance. In case you’re hit by someone who doesn’t have insurance, you can contact your provider because you’re eligible for the personal injury protection benefits. You could also contact an attorney because this is always a tricky situation with some insurance providers who may fail to release the claim.  

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  • (877) 275-4726

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600 Old Country Road
Garden City, NY 11530
United States

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