New York Car Accident Attorney

At Jeffrey Weiskopf, P.C., we are dedicated to providing exceptional legal representation for victims of car accidents and families of those tragically killed in a crash in New York.

Our law firm is located at 30 State St, Suite 2B, Ossining, NY 10562, and we focus exclusively on helping those who have been injured or lost loved ones in motor vehicle accidents. Whether you or a loved one has been injured in an accident caused by someone else’s negligence or you are dealing with the tragic loss of a family member, we are here to help.

We are committed to helping you seek justice. We offer a free consultation and case evaluation to those affected by car accidents. You can reach us at 914-350-5175 to discuss your case and learn how we can assist you.

Understanding New York Personal Injury Laws

Understanding New York’s personal injury laws is crucial for car accident victims seeking compensation. These laws are designed to protect those harmed by someone else’s negligence. In car accident cases, this negligence often involves a driver’s failure to follow traffic laws or reckless behavior, leading to injury or death.

New York operates under a no-fault insurance system, which means that regardless of who caused the accident, your own insurance company is required to cover certain expenses, such as medical bills and lost wages. However, this no-fault system has limitations, and it may not provide adequate compensation for more serious injuries. In cases of severe injuries or wrongful death, you may be entitled to pursue additional compensation through a personal injury or wrongful death lawsuit. Understanding these laws and how they apply to your case is a critical step in recovering the damages you deserve.

Relevant New York Statutes

In New York, car accident and wrongful death claims are governed by specific laws that dictate how these cases should be handled. One of the key principles is fault, which determines who is legally responsible for the accident.

New York follows a comparative negligence rule, meaning that even if you were partially at fault for the accident, you can still recover compensation. However, the amount you receive will be reduced by the percentage of fault attributed to you.

When a car accident results in the death of a loved one, wrongful death statutes come into play. These laws allow the family members of the deceased to seek compensation for their losses, including funeral expenses, lost income, and the emotional toll of losing a loved one.

Our firm, with its extensive experience in handling wrongful death claims, understands the emotional toll of such losses and is committed to helping families obtain the justice and compensation they are entitled to under New York law.

Burden of Proof in Car Accident and Wrongful Death Claims

To succeed in a car accident or wrongful death claim, the burden of proof rests with the plaintiff. This means that as the injured party or the family of the deceased, you must demonstrate that the other party’s negligence caused the accident and that this negligence resulted in your injuries or the death of your loved one.

Proving negligence in an auto accident claim involves establishing four key elements: duty of care, breach of duty, causation, and damages. Every driver has a duty to operate their motor vehicle safely. When they breach this duty—by speeding, driving under the influence, or ignoring traffic signals—we must show that this breach directly caused the collision and the resulting harm.

Finally, we quantify the damages, which can include lost wages, pain and suffering, medical expenses, and other related costs. To support your claim, we gather a wide range of evidence, from accident reports to witness statements and medical records. In many cases, we also work with expert witnesses who can testify to the nature of your injuries and the impact of the accident on your life.

Types of Car Accident Claims in New York

Car accidents come in many forms, and each type of collision can lead to different kinds of injuries and legal claims. We handle a wide variety of car accident cases, including:

• Rear-End Collisions: These crashes often result in whiplash and other neck and back injuries. Rear-end collisions are often caused by distracted driving or following too closely.
• Head-On Collisions: These are among the most severe types of collisions, often causing catastrophic injuries or fatalities. Head-on collisions are usually the result of reckless driving, such as speeding or driving under the influence.
• Side-Impact Crashes: Also known as T-bone collisions, these accidents can cause severe personal injuries, especially to the occupants of the struck vehicle. They often happen at intersections when a driver fails to yield the right of way.
• Rollover Accidents: These accidents can result in life-threatening injuries and are often linked to vehicle defects or reckless driving.
• Pedestrian Accidents: Pedestrians are particularly vulnerable in accidents, and these claims can involve significant injuries or wrongful death.

For families who have lost a loved one in a car accident, wrongful death claims provide an avenue for holding the negligent party accountable. These claims focus not only on the financial losses suffered by the family but also on the emotional and personal toll of losing a loved one.

The Car Accident Claims Process

When you work with Jeffrey Weiskopf, P.C., you can expect us to guide you through each step of the car accident claims process. During the initial consultation, we will sit down with you to discuss the details of your accident, gather the necessary information, and provide a clear understanding of your legal options. This consultation is designed to give you the information you need to make informed decisions about your case.

After the consultation, we begin a thorough investigation into the accident. This includes reviewing police reports, interviewing witnesses, gathering medical records, and, when necessary, consulting with accident reconstruction experts. We work tirelessly to build a strong case on your behalf, ensuring that all relevant evidence is collected and preserved.

Once the investigation is complete, we file a lawsuit in the appropriate court, whether in New York State or Federal Court, depending on the circumstances of your case. From there, we engage in pre-trial procedures such as discovery, where both sides exchange information and evidence.

During this time, we also explore the possibility of resolving the case through negotiation or mediation. If a fair settlement cannot be reached, we are fully prepared to take your case to trial, where we will present a compelling argument on your behalf. Should the case proceed to an appeal, we will continue to represent you, advocating for your rights at every stage.

Statute of Limitations for Car Accident and Wrongful Death Claims

In New York, the statute of limitations for filing a car accident claim is generally three years from the date of the accident. This means that you must file your lawsuit within this time frame, or you risk losing the ability to seek compensation. However, wrongful death claims have a shorter statute of limitations—typically two years from the date of death.

There are certain exceptions to these time limits. For example, if the accident involved a government entity, you may be required to file a notice of claim within a much shorter period. It is important to consult with us as soon as possible to ensure that your case is filed within the required time limits.

Importance of Speaking to Our Firm

If you or a loved one has been involved in a car accident caused by someone else’s negligence, it is crucial to seek legal advice as soon as possible. Speaking to an attorney who focuses exclusively on car accident and wrongful death claims in New York can make all the difference in the outcome of your case.

These claims can be complex, requiring a deep understanding of both the law and the nuances of car accident cases. We are here to provide you with the support and guidance you need to pursue justice and secure the compensation you deserve.

Why You Need an Experienced Attorney

Handling car accident and wrongful death claims requires not only a deep understanding of the law but also years of experience dealing with insurance companies, opposing counsel, and the court system. Our New York car accident law firm is dedicated to representing clients in accident cases, and we have a track record of success in achieving favorable results for our clients.

We are committed to providing personalized, focused attention to each case, ensuring that your legal rights are fully protected and that you receive the compensation you are entitled to. Whether through settlement or trial, we fight for maximum compensation, including economic damages such as medical bills and lost wages, as well as non-economic damages like pain and suffering.

Types of Compensation That May Be Available In Your Case

Victims of motor vehicle accidents in New York may be entitled to a wide range of compensation. Economic damages cover tangible losses such as medical expenses, property damage, lost wages, and any future medical care or rehabilitation costs you may require.

In addition to these economic damages, you may also be entitled to non-economic damages, which address the emotional and psychological toll the accident has had on your life. These can include compensation for pain and suffering, emotional distress, and loss of enjoyment of life.

For families who have lost a loved one in a car accident, wrongful death compensation includes loss of financial support, funeral expenses, and the emotional impact of losing a loved one. In cases where the negligence was particularly egregious, punitive damages may also be pursued to punish the responsible party and deter identical conduct in the future.

What You Need To Know After An Uber Accident

As rideshare services like Uber become more common in New York and cities across the country, accidents involving Uber vehicles are on the rise. These cases present unique legal challenges compared to standard car accident claims due to the involvement of multiple parties, complicated insurance coverage, and questions around driver employment status.

If you’re injured in an Uber accident—whether as a passenger, another driver, a pedestrian, or even an Uber driver—you may be entitled to compensation for your injuries. However, determining liability can be challenging. Uber drivers are classified as independent contractors, and insurance coverage may depend on whether the driver was logged into the app or actively transporting a passenger at the time of the crash.

Uber maintains a $1 million liability policy for drivers who are en route to or carrying passengers, but accidents that occur while the app is off or in between rides may be covered by lower-tier or personal insurance policies. This makes it essential to work with our New York uber accident lawyer who understands how rideshare insurance works and how to investigate these claims effectively.

ypes of Uber Accident Cases We Handle:

• Passengers injured in Uber accidents
• Collisions caused by Uber drivers
• Uber drivers injured by another driver
• Pedestrians or cyclists struck by an Uber vehicle
• Multi-vehicle crashes involving a rideshare driver
• Insurance disputes related to rideshare coverage
• Accidents involving unsafe or unqualified Uber drivers
• Claims for negligent hiring or driver background check failures

Rideshare accidents can be overwhelming, but you don’t have to deal with the aftermath alone. Contact us today for a free consultation. We’ll help you understand your rights and pursue the compensation you deserve.

Legal Support After A Car Accident

Car crashes happen every day, but their impact can be anything but routine. A single collision can leave you dealing with serious injuries, mounting medical bills, lost income, and emotional trauma. When another driver’s negligence causes a crash, you have the legal right to pursue compensation for your losses—and our New York car accident lawyer is here to help you through that process.

Negligence in car accidents takes many forms: distracted driving, speeding, running red lights, impaired driving, or failing to follow traffic laws. Even if fault seems clear, insurance companies may try to minimize your injuries or pressure you into accepting a low settlement. That’s why having our experienced attorney on your side is so important.

Every case is unique. Some accidents involve multiple vehicles, while others may include rideshare drivers, uninsured motorists, or hit-and-run situations. We investigate thoroughly, gather evidence, handle communication with insurers, and build a case aimed at recovering the full value of your claim—including medical expenses, lost wages, and pain and suffering.

Whether your injuries are minor or life-altering, you deserve strong representation and clear guidance at every stage. Our personal injury lawyer has experience handling all types of auto accident claims, including:

• Rear-end collisions
• Head-on crashes
• T-bone and intersection accidents
• Drunk or drug-impaired driving crashes
• Distracted driving accidents (e.g., texting while driving)
• Uninsured or underinsured motorist claims
• Hit-and-run accidents
• Multi-vehicle pileups
• Rideshare (Uber/Lyft) related car accidents
• Fatal accidents and wrongful death claims

If you’ve been injured in a car accident, don’t take on the legal system alone. Contact us today for a free consultation. We’re here to fight for your recovery and your future.

New York Car Accident Claims FAQs

What should I do immediately after a car accident in New York?

After a car accident, your priority should always be your safety and well-being. Check yourself and others for injuries, and call 911 to report the accident. Move to a safe location away from traffic. Obtain medical attention even if you feel fine, as some injuries may not be immediately apparent.

Exchange information with the other driver(s), including insurance details, and take photographs of the accident scene, vehicle damage, and any visible injuries. Lastly, report the accident to your insurance company and contact a car accident attorney to discuss your legal options.

Can I still file a car accident claim if I was partially at fault?

Yes, New York follows a comparative negligence rule, which means you can still file a car accident claim even if you were partially at fault for the accident. However, the compensation you receive will be reduced by the percentage of fault attributed to you.

For example, if you are found to be 30% at fault for the accident, your compensation will be reduced by 30%. Our firm will work to minimize any fault assigned to you and ensure that you receive the maximum compensation possible.

What types of compensation can I recover from a car accident claim?

There are two primary types of compensation available in a car accident claim: economic and non-economic damages. Economic damages cover tangible losses such as medical expenses, lost wages, rehabilitation costs, and property damage.

Non-economic damages compensate for intangible losses, including pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be available if the at-fault party’s conduct was particularly reckless or egregious.

How long do I have to file a car accident lawsuit in New York?

The statute of limitations for filing a car accident lawsuit in New York is generally three years from the date of the accident. For wrongful death claims, the statute of limitations is two years from the date of the deceased’s passing. It’s important to act quickly because if you miss these deadlines, you may lose your right to seek compensation.

Contacting our firm as soon as possible ensures that your case is filed within the required time limits.

What if the driver who hit me doesn’t have insurance?

If the at-fault driver does not have insurance, or if they fled the scene of the accident (hit-and-run), you may still be able to recover compensation through your own insurance policy’s uninsured/underinsured motorist coverage.

This type of coverage is designed to protect you in situations where the at-fault party cannot be identified or lacks sufficient insurance. We can help you navigate the claims process with your insurance company to ensure that you receive the compensation you need.

Do I need an attorney for my car accident claim?

While you are not legally required to have an attorney, it is highly recommended that you do. Car accident cases are complex, involving multiple parties, insurance companies, and legal requirements.

An experienced car accident attorney can help ensure that your valuable legal rights are protected, gather the necessary evidence to support your claim, negotiate with car accident insurance companies, and represent you in court if necessary. Our firm is dedicated to securing the best possible outcome for your case, whether through settlement or litigation.

How long does it take to resolve a New York car accident case?

The time it takes to resolve a car accident case can vary depending on the complexity of the case, the severity of injuries, and whether the case settles out of court or goes to trial. Some cases may be resolved in a matter of months, while others may take longer if litigation is necessary.

We are committed to moving your case forward as efficiently as possible while ensuring that we secure the compensation you deserve. We will keep you informed throughout the entire process and provide realistic expectations based on the specifics of your case.

What is wrongful death, and how is it different from a personal injury claim?

Wrongful death claims occur when a person dies as a result of someone else’s negligence, such as in a fatal car accident. The surviving family members bring these claims to seek economic compensation for their loss, including funeral expenses, lost income, and emotional suffering.

Unlike personal injury claims, where the injured party seeks compensation for their own injuries, wrongful death claims focus on the impact of the death on the surviving family. Our firm understands the emotional and financial toll of losing a loved one and will work tirelessly to help your family through this difficult time.

What should I expect during my free consultation with Jeffrey Weiskopf, P.C.?

During your free consultation with us, we will listen to the details of your accident, answer any questions you may have, and provide a clear understanding of your legal rights and options.

We will review the facts of your case, explain the claims process, and discuss potential strategies for securing compensation. This meeting is an opportunity for us to evaluate your case, and there is no obligation or fee. Our goal is to help you make informed decisions about how to proceed with your claim

How does insurance work under New York’s no-fault system?

Under New York’s no-fault insurance system, your own insurance company is responsible for covering your medical expenses, lost wages, and other out-of-pocket costs, regardless of who caused the accident. This coverage is intended to ensure that you receive prompt compensation for your basic economic losses without the need for litigation.

However, if your injuries meet the state’s “serious injury” threshold, or if your expenses exceed what no-fault coverage will pay, you may be able to pursue additional compensation through a personal injury lawsuit against the at-fault driver. We will help you understand how the no-fault system applies to your case and advise you on the best path forward to maximize your recovery.

These FAQs provide additional insight into the legal process for car accident victims in New York. We understand that you may have many questions during this challenging time, and we are here to provide the answers and guidance you need. If you have further questions or would like to discuss your specific case, please don’t hesitate to contact Jeffrey Weiskopf, P.C., at 914-350-5175. We are here to help you every step of the way.

Why Choose Jeffrey Weiskopf, P.C.

Choosing Jeffrey Weiskopf, P.C. ensures that you have a dedicated legal team working tirelessly on your behalf. Jeffrey Weiskopf has years of experience handling car accident and wrongful death cases, and he brings his skills as a trial lawyer and negotiator to each case.

Our law firm takes a client-centered approach, working closely with you throughout the entire process to ensure that you are informed and comfortable at every stage. We understand the stress and uncertainty that come with being involved in a car accident, and we are here to alleviate that burden by providing exceptional legal representation.

We encourage you to take advantage of our free consultation and case evaluation. This is an opportunity for you to learn more about your legal options without any financial obligation. Our goal is to help you understand your rights and to fight for the monetary compensation your case  deserves.

Contact Our New York Car Accident Lawyers For Experienced Representation

If you or a loved one has been injured in a car accident or if you have lost a family member due to another’s negligence, we urge you to seek legal representation as soon as possible. Contact Jeffrey Weiskopf, P.C. today at 914-350-5175 to schedule your free consultation and begin the process of securing the compensation. Our office is located at 30 State St, Suite 2B, Ossining, NY 10562, and we are ready to assist you every step of the way.