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Long Island, NY Personal Injury Attorney

Medical Malpractice Attorney In Long Island
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40-Year-Old Motorcyclist Fatally Struck by SUV in Manhattan

Manhattan, NY - A 40-year-old motorcyclist died when a Honda SUV fatally struck him on FDR Drive near East 36th Street at around 11:00 p.m. on November 23. The tragic crash occurred when the 25-year-old female Honda operator hit the Har...

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Elderly Pedestrian Fatally Struck by Mercedes Sedan in Brooklyn

Brooklyn, NY - A 69-year-old pedestrian was killed while trying to cross Avenue M in Midwood when a 65-year-old female driver of a 2020 Mercedes sedan, illegally making a U-turn at East 12th Street, struck the elderly woman just be...

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Passenger of a Rideshare Vehicle in Critical Condition After Collision with Dodge Charger in Brooklyn

Brooklyn, NY - A 32-year-old passenger of a rideshare vehicle is clinging to her life after she got ejected from the car when a speeding black Dodge Charger slammed into the Honda Accord for-hir...

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52-Year-Old Man Dies in Two-Car Collision in Kew Gardens Hills, Queens

Queens, NY - A 52-year-old driver of a Toyota Camry died in a two-vehicle collision at Union Turnpike and Parsons Boulevard in Kew Gardens Hills at around 4:30 a.m. on November 20. The victim, a New Jersey man, was taken to ...

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Sunset Park Man Dies After Being Pinned Between Two Trucks in East Flatbush

Brooklyn, NY - A Sunset Park man, 24, was crushed while standing between two dump trucks at the DeCostole Recycling and Transfer Station on Troy Avenue in East Flatbush. The tragic accident unfolded when a 31-year-old dr...

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One Person Dies in Queens Two-Vehicle Collision

Queens, NY - One person died after a two-vehicle collision at the intersection of Union Turnpike in Queens at around 3:30 a.m. on November 20. Police said that the driver in the other vehicle was taken into custody for allegedly driving while intox...

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An experienced Lyft or Uber lawyer knows that passengers and drivers of rideshare services have special protections in the event of an accident. First, the company involved—whether it is Uber or Lyft—should preserve all of their GPS, cellular, and electronic data. Second, the injured person—wheth...

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NYPD Cop Injured in Manhattan Hit-and-Run Incident

Manhattan, NY - A New York City Police Department (NYPD) officer sustained injuries after a driver took off and clipped the cop with the side of the vehicle in Midtown Manhattan on November 16. The hit-and-run incident unfolded on 45th Street an...

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Suspected Drunk Driver Crashes and Kills Man Driving a Toyota Camry in Queens

Queens, NY - A suspected drunk driver caused the death of a 52-year-old man when he crashed into his car at around 4:15 a.m. on November 20 in Queens. Allegedly, the victim was driving his gray Toyota Camry at Union Tu...

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Testimonials

a week ago
Veronica was amazing. She worked hard and settled my case. I have recommended her to all my friends & family!
- Emily R
9 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
a year 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

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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600 Old Country Road
Garden City, NY 11530
United States

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