After a car crash, you’re suddenly thrown into a maze of insurance paperwork, medical bills, and legal questions. The path forward seems confusing, but a dedicated Queens car accident lawyer provides the clear map you need to navigate the process and pursue full compensation.
The Law Offices of Jason B. Kessler is here to provide the strength and clarity you need. Call us at (914) 220-1088 for a free consultation.
Table Of Contents
- Why Choose the Law Offices of Jason B. Kessler To Lead Your Case
- How We Build a Winning Case
- Your Shield Against the Insurance Companies
- Navigating New York’s Injury Rules
- New York’s Rules That Shape Your Case
- FAQ for Queens Car Accident Lawyer
- Your Path to Recovery Starts Here
Why Choose the Law Offices of Jason B. Kessler To Lead Your Case
The Law Offices of Jason B. Kessler provides steadfast, strategic representation for injury victims across Queens. We know the aggressive traffic patterns on Woodhaven Boulevard, the high-speed risks on the Grand Central Parkway, and the specific hazards of intersections like Northern Boulevard and Main Street in Flushing.
Deep Knowledge of Queens Roadways
We’re not just attorneys who practice in Queens; we’re part of the community. We know the aggressive traffic patterns on Woodhaven Boulevard, the high-speed risks on the Grand Central Parkway, and the specific hazards of intersections like Northern Boulevard and Main Street in Flushing.
A rear-end collision on the congested Long Island Expressway near Forest Hills requires a different investigative approach than a T-bone crash on a residential street in Astoria.
Whether your accident occurred near the Bay Terrace Shopping Center or during the rush hour chaos near LaGuardia Airport, we can help.
We Demystify the No-Fault Insurance System
The no-fault insurance system often causes stress and confusion. Our firm manages this process for you. We promptly file your application to cover your medical bills and a portion of your lost wages.
We handle all communication with insurance companies so you may focus on your medical treatment and physical recovery. While you heal, our team builds the foundation for your personal injury claim.
A Relentless Pursuit of Compensation
Our commitment is to secure a result that reflects the full scope of your losses. We don't just process cases; we build them for victory. From the start, we prepare every claim as if it will go before a jury.
Our thorough preparation sends a clear message to the insurance companies: we won’t accept a lowball settlement offer. Contact the Law Offices of Jason B. Kessler at (914) 220-1088 to learn how our strategic approach can benefit you.
How We Build a Winning Case
The initial police report is just the beginning of the story. A winning case is built on a foundation of detailed evidence that goes far beyond that first assessment.
A proactive Queens car accident lawyer from the Law Offices of Jason B. Kessler launches an immediate and independent investigation to uncover and preserve every fact that supports your claim.
We look for evidence that tells the whole truth. Our team knows how to find proof of negligence that other firms might overlook. We work to build an undeniable narrative of the other driver's fault.
Uncovering Proof of Distracted Driving
In a city of endless distractions, proving a driver was on their phone is a powerful way to establish negligence. We use every legal tool at our disposal to find this evidence.
Your Queens car crash lawyer can:
- Subpoena Cellphone Records: We obtain the driver's phone records, which show call logs, text messages, and data usage in the critical moments before the collision.
- Locate Video Footage: We canvas the area of the crash for any nearby surveillance cameras from businesses or traffic cams that may have captured the driver's actions.
- Interview Eyewitnesses: We find and speak with any witnesses who may have seen the other driver looking at their phone instead of the road.
Proving Fault in Complex Intersection Accidents
Accidents at intersections are often chaotic "he-said, she-said" situations. Our firm works to cut through the confusion with objective facts. We analyze the position of the vehicles, the location of the damage, and the traffic signal sequences to show what really happened.
We often retain accident reconstruction experts who use physics and engineering principles to create a scientific model of the crash. This expert analysis can prove who had the right-of-way and who was at fault. We leave nothing to chance in these complex cases.
Your Shield Against the Insurance Companies
From the moment your accident is reported, the other driver's insurance company begins building a case against you. Their goal is simple: pay you as little as possible.
The Law Offices of Jason B. Kessler becomes your shield, protecting you from their aggressive tactics and fighting for the fair treatment you are owed. You don't have to face the pressure of an insurance adjuster alone. Once you hire us, all communication goes through our office.
Fighting Back Against Blame-Shifting
The insurance company will look for any opportunity to blame you for the accident. They’ll twist your words and use any statement you make against you. Our firm's seasoned Queens car crash lawyers anticipate these tactics and shut them down.
We present a clear, evidence-based case that establishes the other driver's negligence. We don’t allow them to control the narrative or assign unfair blame to you. We protect your rights and your reputation from their profit-driven strategies.
Rejecting Lowball Settlement Offers
One of the most common insurance tactics is to offer a quick, low settlement before you know the true extent of your injuries. They hope your financial stress will lead you to accept an offer that is a fraction of what your case is worth.
We recognize these lowball offers for what they are, and we reject them. Your attorney calculates the full value of your claim, including your future medical needs and lost income.
We use this detailed valuation to negotiate from a position of strength. We won’t let an insurance company rush you into an unfair settlement.
Navigating New York’s Injury Rules
New York’s no-fault law creates a system with two separate paths for recovery. The first path provides immediate benefits for your medical bills. The second, and more significant, path is a personal injury lawsuit against the at-fault driver for your pain and suffering and other losses.
To pursue this second path, you must prove that you sustained a serious injury as defined by state law. This is a critical legal hurdle in every auto accident case. An experienced Queens car accident lawyer from our firm knows how to meet this threshold.
A serious injury can include any of the following outcomes:
- Significant Disfigurement or Scarring: This includes any prominent or cosmetically significant scarring that results from the accident.
- Fractures or Broken Bones: Any bone fracture qualifies as a serious injury under New York law.
- Limitation of a Body Part or System: This category is more subjective and requires detailed medical evidence to prove a lasting and meaningful loss of function.
Our legal team works closely with your doctors and other medical specialists. We gather the objective medical records, test results, and expert reports needed to build a powerful case that proves your injuries meet the serious injury threshold.
Types of Damages Recovered in a Car Accident Claim
A successful car accident lawsuit seeks to recover compensation, or damages, for every way the crash has negatively affected your life. A Queens auto accident attorney from our firm fights to maximize your recovery.
Common damages include:
- Complete Medical Expenses: This covers all of your past, present, and future medical bills, including the costs of ER visits, surgeries, hospitalization, physical therapy, medication, and any necessary long-term care.
- All Lost Income: You may recover compensation for all wages, salary, bonuses, and other benefits you lost because you were unable to work. It also includes compensation for your diminished future earning ability if you have a permanent injury.
- Pain and Suffering: This compensation is for the physical pain, emotional distress, PTSD, anxiety, and the loss of enjoyment of your life's activities caused by the negligence of the other driver.
New York’s Rules That Shape Your Case
Specific New York State laws govern your car accident claim. Two of the most important rules involve the deadline for filing your case and how financial fault gets divided.
New York’s Statute of Limitations
New York sets a strict deadline (statute of limitations) for how long you have to take legal action after a car accident. For most personal injury claims, you have three years from the date of the crash to file a lawsuit.
If you fail to file your lawsuit within this time frame, the court will almost certainly refuse to hear your case, and you’ll lose out on compensation. This window can be much shorter if a government vehicle or entity is involved, so speak with an attorney who can act quickly to protect your rights.
Comparative Negligence
Insurance companies love to shift blame to avoid paying claims. They may try to argue that you were partially responsible for the crash. Even if that were true, New York law still allows you to recover damages.
This rule, pure comparative negligence, means a court assigns a percentage of fault to each person involved in the accident. Your total financial award is then simply reduced by your percentage of fault.
For example, if you have $100,000 in damages but are found 20% at fault, you can still recover $80,000. Our job is to build a powerful case that minimizes your share of fault and maximizes your financial recovery.
FAQ for Queens Car Accident Lawyer
The Other Driver and I Disagree on Who Was at Fault. Can a Queens Car Accident Lawyer Still Help Me?
A skilled Queens car accident lawyer investigates to find objective evidence that proves your side of the story. This includes finding witnesses, getting traffic or surveillance camera footage, and sometimes hiring an accident reconstruction expert to analyze the crash scene and vehicle damage.
We build a case based on facts, not just conflicting statements.
How Long Does a Car Accident Case Usually Take To Settle?
There is no typical timeline because every case is different. A straightforward case may settle in a matter of months, while a complex case involving very serious injuries or disputed fault may take a year or more, especially if it has to go to trial.
An experienced Queens car crash attorney can give you a better idea of a potential timeline after reviewing your case.
What Is the Most Important Thing I Can Do To Protect My Rights After a Car Crash?
The most important thing to do to protect your rights is to be careful what you say. Don’t apologize or admit any fault. When speaking to an insurance company adjuster, don’t give a recorded statement or accept a quick settlement offer without speaking to a lawyer first.
What if the Driver Who Hit Me Had No Insurance or Fled the Scene?
This is precisely why Uninsured/Underinsured Motorist (UM/UIM) coverage exists on your own auto insurance policy. In a hit-and-run or a crash with an uninsured driver, you file a claim with your own insurance company under this coverage.
Your insurer then stands in the place of the at-fault driver's insurance to compensate you for your injuries. If no household auto policy is available, a state fund may provide another path to recovery.
I Was a Passenger in a Friend’s Car That Wrecked. Can I Still File a Claim?
You have the same rights to compensation as an injured driver. Your no-fault benefits, which cover your immediate medical bills, are paid by the car's insurance policy you were riding in.
If you sustained a serious injury, you can then pursue a personal injury claim against the driver who caused the crash, even if that driver was your friend. The claim is filed against their insurance company, not their personal assets.
What if my own carelessness contributed to the accident?
New York follows a pure comparative negligence rule. This means you can still recover damages even if you were partially at fault. A court will determine your percentage of fault and reduce your final compensation award by that amount. We work to gather evidence that minimizes any percentage of fault attributed to you.
Do I have to go to court to get compensation?
Most car accident cases settle out of court. We prepare every case as if it will go to trial, which puts us in a strong negotiating position with the insurance company. This thorough preparation often convinces the insurer to offer a fair settlement without the need for a trial. If they refuse to offer a fair amount, we are ready to present your case to a jury.
How much does it cost to hire a car accident lawyer?
We handle personal injury cases on a contingency fee basis. This means you pay no upfront legal fees. We only receive a fee if we successfully recover compensation for you through a settlement or a court verdict. The fee is a percentage of the total amount recovered.
We explain the entire fee structure in a clear, written agreement during your free initial consultation.
Your Path to Recovery Starts Here
The legal system is complex, but the right guide can provide the justice and the resources you need to rebuild. You can trade the chaos and confusion for clarity and confidence. The Law Offices of Jason B. Kessler is ready to be your guide and fighter.
We'll handle the insurance companies and the legal hurdles so you can devote your energy to what truly matters: your health. Call the Law Offices of Jason B. Kessler at (914) 220-1088 for your free, no-obligation case review.