After a crash with an impaired motorist, you need an advocate who acts decisively to protect your rights. A Manhattan drunk driving accident lawyer provides the guidance and representation you need during this difficult time.
For a free consultation about your legal options, contact the Law Offices of Jason B. Kessler at 914-220-1088.
Why Choose the Law Offices of Jason B. Kessler for Your Drunk Driving Accident Case
When you choose a law firm, you’re selecting a partner for your recovery. The Law Offices of Jason B. Kessler provides dedicated and focused legal representation for victims of negligence across New York City. Our commitment is to our clients and their pursuit of justice.
Decades of Focused Experience
Our firm brings years of focused experience to each case. We have a deep and practical knowledge of New York’s personal injury law. We have seen how these cases unfold and know how to build a strong claim on your behalf from the very beginning.
A Deep Connection to Manhattan
We’re an NYC law firm and know the challenges of traveling through Manhattan, from busy avenues like Park Avenue and Broadway to the congestion on FDR Drive. Our team is familiar with the local court systems and procedures in New York County.
This local presence gives us a unique perspective on cases that happen right here in neighborhoods like the Upper West Side, Greenwich Village, or the Financial District.
A Record of Success
Our history includes a consistent record of achieving significant client results, with millions recovered throughout the city. We prepare every case as if it will proceed to trial. This rigorous preparation positions us to argue from a position of strength.
We fight for a resolution that fully accounts for your injuries and losses. We are ready to put our experience to work for you. Contact the Law Offices of Jason B. Kessler to discuss your impaired driving crash claim at 914-220-1088.
Establishing Liability After an Impaired Driving Crash in NYC
To secure compensation, your Manhattan drunk driving accident lawyer must prove that the other driver's negligence caused your injuries. In a drunk driving case, the evidence of intoxication is central, but it’s just one part of establishing legal fault.
Your attorney determines liability by using multiple forms of proof:
- The Official Police Report: We obtain and analyze this report, which contains the responding officer’s observations, results from any field sobriety tests, and witness information.
- Eyewitness Accounts: Our team works to identify and interview any witnesses who can provide an objective account of the other driver’s reckless behavior before the collision.
- Video Footage: We seek out and preserve video evidence from traffic lights, building surveillance systems, or vehicle dashcams that can offer a clear depiction of the events.
Exploring New York’s Dram Shop Laws
Sometimes, the driver isn’t the only liable party. New York's Dram Shop Act allows victims to file a claim against a vendor who unlawfully sold alcohol to an obviously intoxicated person. You may also pursue compensation under this law if the vendor sold alcohol to a minor who caused your crash.
This means a bar, restaurant, or store that over-served the driver who hit you may also bear financial responsibility for your injuries. We investigate the driver's activities before the crash to determine if a third party shares liability.
How a Manhattan Drunk Driving Accident Lawyer Calculates the Full Scope of Your Claim
The goal of a personal injury claim is to recover compensation that addresses every way the crash has affected your life. Your Manhattan drunk driving accident lawyer works diligently to identify all your current and future losses to present a complete demand to the insurance company.
A complete claim for damages seeks to account for all of your losses, including:
- Medical Treatment: This covers everything from the initial emergency room visit and ambulance ride to surgeries, hospital stays, physical therapy, and prescription medications.
- Future Medical Needs: For serious injuries, we work with medical and financial professionals to project the cost of any future care you may require, such as ongoing therapy or additional surgeries.
- Lost Wages: We document any income you lost if you couldn’t work during your recovery.
- Diminished Earning Capacity: If your injuries prevent you from returning to your previous job or limit your ability to earn a living, we seek compensation for this long-term financial loss.
- Pain and Suffering: This compensates you for the physical pain and emotional distress you have experienced as a result of the collision and your injuries.
- Property Damage: This payment covers the cost of repairing or replacing your vehicle and any other personal property that was destroyed in the crash.
What Happens When the Insurance Company Contacts You?
Soon after the accident, you’ll likely receive a call from an adjuster representing the at-fault driver's insurance company. They may project a sense of concern, but their objectives aren’t aligned with yours.
The Adjuster’s True Objective
An insurance adjuster works for the insurance carrier, not for you. Their job performance is often measured by how much money they save the company. This creates a direct conflict with your goal, which is to receive full and fair compensation for all of your losses.
Adjusters strive to achieve their goal by investigating claims for reasons to deny them or reduce their value. They’re trained to identify information that undermines a victim's case.
Dangers of a Recorded Statement
The adjuster will likely ask you to provide a recorded statement about how the crash happened and the extent of your injuries. You have no obligation to provide a statement to the other driver’s insurer. You should decline this request until you have spoken with a Manhattan drunk driving injury attorney.
Adjusters use these statements to find inconsistencies in your story or to get you to say something that could harm your claim. A simple, polite response to "How are you today?" can be used later to argue that your injuries are insignificant.
Your Manhattan Drunk Driving Accident Lawyer Is Your Protective Buffer
When you retain the Law Offices of Jason B. Kessler, we immediately notify all insurance companies that you have legal representation. From then on, they direct all communications through our office. This stops the calls and protects you from the stress and risk of speaking with an adjuster.
This buffer lets you focus completely on your physical recovery without worrying about saying the wrong thing. We handle every phone call, email, and letter. We provide the insurer with only the information necessary to advance your claim while protecting your rights.
A Manhattan drunk driving accident lawyer recognizes insurer strategies and knows how to counter them effectively. Your attorney advocates against the common methods insurance companies use to limit payouts.
Common insurance company tactics include:
- The Quick Settlement Offer: An adjuster may offer a fast payment before you understand the full extent of your injuries, which prevents you from seeking further compensation later.
- Shifting the Blame: Some insurers look for any reason to argue that you were partially responsible for the accident to reduce the amount they must pay.
- Requesting Broad Access: They may ask for a blanket medical authorization to review your entire health history, searching for pre-existing conditions to blame for your pain.
- Disputing Your Losses: The adjuster may dispute the severity of your injuries, question the necessity of your medical treatments, or challenge the amount of your lost wages.
We use the evidence we gather to refute these claims. Our role is to build a case that clearly demonstrates the other driver's full responsibility and the true value of your damages.
The Role of Evidence in Your NYC Drunk Driving Accident Claim
As your legal representatives, our team gets to work immediately to collect and preserve all information related to your case. We excavate every source of documentation to create a full picture of the crash and its consequences for you.
We work to assemble key evidence to support your claim, which often includes:
- Crash Scene Evidence: Photographs and video of the vehicles, skid marks on the road, traffic signals, and any other relevant location features help tell the story of the crash.
- Medical Records: A complete file of your medical history following the accident demonstrates the extent of your injuries and the treatment required.
- Proof of Financial Loss: Pay stubs, tax returns, and letters from your employer document your lost wages and any impact on your future earning ability.
- Criminal Case Records: Any evidence from the drunk driver's criminal DWI case, including their conviction, can be used to strengthen your civil claim.
Once collected, our team works to present this information in a clear and compelling way. We dissect complex insurance policies and medical documents to pinpoint the most critical information. This meticulous approach allows us to cultivate a powerful claim based on documented facts.
FAQ for Manhattan Drunk Driving Accident Lawyer
What Happens After a Drunk Driving Accident in NYC?
After a drunk driving accident, two legal processes begin. First, the state may pursue criminal charges against the impaired driver for DWI. Second, as the victim, you can file a separate civil lawsuit to seek compensation for your injuries and financial losses.
The outcome of the criminal case doesn’t determine the outcome of your civil claim, but a conviction can serve as powerful evidence of the driver's negligence.
How Do I Get a Settlement for a Drunk Driving Accident?
You get a settlement by filing a personal injury claim against the at-fault driver's insurance policy. This process starts with your attorney sending a demand letter that outlines your case, details your injuries, and presents a complete accounting of your damages.
Your lawyer and the insurance company will then enter negotiations. Most cases are resolved at this stage, but if the insurer refuses to offer a fair settlement, your attorney may recommend filing a lawsuit and taking the case to court.
Can I Sue the Bar That Over-Served the Driver in New York?
Yes, under New York’s Dram Shop Act, you can file a claim against a business that provided alcohol to a person who was "visibly intoxicated" or was a minor who then caused the collision.
If you can prove that a bar, restaurant, or liquor store served alcohol to the driver when they knew or should have known the person was already drunk, that establishment can be held partially liable for the damages the driver caused.
What Evidence Does a Manhattan Drunk Driving Accident Lawyer Need?
A Manhattan drunk driving accident lawyer uses the police accident report, your medical records, photos or videos of the accident scene and your injuries, contact information for any witnesses, and documentation of your lost income.
Don’t worry about gathering everything yourself; your lawyer helps obtain this evidence for you.
What Is the Statute of Limitations for Filing a Lawsuit in New York?
In New York, the statute of limitations for most personal injury claims is three years from the date of the accident. You must file a lawsuit within that time frame, or you’ll lose your right to seek compensation.
Certain exceptions can change this deadline, so you should speak with a Manhattan personal injury attorney as soon as possible to protect your legal rights.
Cultivating Your Path to Recovery
An accident caused by a drunk driver forces you onto a path you never chose. The journey back involves physical healing, emotional recovery, and financial stability. The right legal partner clears away the obstacles, allowing you to focus on what truly matters: getting your life back.
The Law Offices of Jason B. Kessler is ready to stand with you. We commit our resources, knowledge, and dedication to every client we represent. Let us take on the legal burdens so you can focus on healing. Call us today at 914-220-1088 for a free consultation.