Best Car Accident Attorneys in New York
Helping motor vehicle accident victims seek justice
Do you consider yourself a safe driver? Sadly, it may not matter, because you have no control over other drivers on the road. In fact, even if you obey every traffic law, you may still encounter careless drivers who choose to drive drunk, run stop signs, text behind the wheel, and engage in countless other dangerous — not to mention illegal — driving practices. Given these dangers, it’s no surprise that auto accidents are one of the leading causes of serious injuries in the United States.
The moments after a car accident are chaotic and overwhelming. You’re dealing with physical pain, emotional shock, and the sudden, unexpected disruption of your life. On top of this, you will soon face calls from insurance adjusters whose primary goal is to protect their company’s profits, not your well-being. They may sound friendly, but their job is to minimize or even deny your claim.
Therefore, if you or a loved one has suffered an auto accident injury, you need an experienced NYC car accident lawyer by your side — you need Keith D. Silverstein & Associates. We take pride in providing our clients with a high level of compassionate and personalized legal representation. We don’t just process paperwork; we build a relationship with you and advocate for your rightful cause. We listen to your story, understand the full impact the car accident has had on your life, and build a legal strategy tailored to your specific needs.
When you face the combined pressure of recovery and aggressive insurance adjusters, you need an advocate who understands both the law and your struggle. Our client-first philosophy is what sets us apart, and it’s what has defined our success in handling complex personal injury cases in New York. We make sure we do everything in our power so that our clients receive the maximum recovery available, even if that means taking cases to court.
Schedule a FREE consultation with a New York car accident lawyer from Keith D. Silverstein & Associates by calling (866) 478-3081 or by contacting us online.
What to Do After a Car Accident
A car accident can be frightening, but it is crucial to keep a cool head. After all, making the right decisions following a car crash may be the only way to protect both your health and your legal rights.
With that in mind, follow these five steps after a car accident:
- Stop – In New York, leaving the scene of an accident without stopping to provide reasonable aid and identify oneself is a crime. In many cases, including when someone is injured in the crash, hit-and-runs are charged as a felony, punishable by significant jail or prison time, steep fines, and other penalties. Therefore, you should always stop if you are ever involved in a motor vehicle accident.
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Seek Medical Treatment – If you or anyone else has suffered an injury in the accident, you should seek medical attention as soon as possible. Even if you believe your injuries are minor, you should still visit your doctor, especially because many internal injuries and serious car accident injuries are easy to overlook. Adrenaline from the crash can mask pain for hours or even days.
Not only does seeking prompt medical treatment help you get the proper care you need, but it also provides valuable evidence for your future personal injury claim. Having a record of your medical care proves that your injuries were serious enough to warrant treatment. Insurance companies will take advantage of any delay in treatment to argue that you weren't truly hurt or that your injuries came from a different incident. -
Call 911 – If you need an ambulance, a police officer, or both, call 911 right away. Also, do not listen if the at-fault driver tries to tell you not to get the police involved ― that driver is only trying to protect their own interests. In fact, you will likely need a police report for your insurance claim or a potential claim against the at-fault driver.
In many cases, an accurate and complete police report is essential to proving your claim, which is why it is so important for you to tell the police exactly what happened. Be factual, stick to what you know, and avoid admitting fault or speculating. -
Gather Information from the Scene – After a car accident, you should exchange information with the other drivers involved, including names, addresses, driver’s license numbers, vehicle identification numbers (VINs), insurance providers, and insurance policy numbers. If there are witnesses, be sure to record their names and contact details, especially if you believe you may need to rely on their statements later.
Use your cell phone to document the scene with photos and videos. Capture images of both vehicles, including license plates, damage from multiple angles, skid marks, traffic signals, road conditions, and the surrounding area. These images can serve as valuable evidence should you need them. -
Contact an Attorney – To make sure your rights are protected after a car crash, the most important thing to do is contact a New York car accident attorney. They can immediately take steps to preserve evidence such as sending spoliation letters (i.e., asks a party to preserve all evidence relevant to a potential lawsuit) to trucking companies or businesses with surveillance cameras that may have captured the crash. They will also guide you on interactions with insurance companies and promptly begin building your case.
At Keith D. Silverstein & Associates, we are highly knowledgeable in New York’s insurance laws and how they apply to your case, as well as your legal rights and options regarding pursuing a car accident case. We encourage you to reach out to our attorneys as soon as possible to learn how we can assist you with your claim.
Common Causes of Car Accidents
Our car accident attorneys have handled cases across New York involving a wide range of causes, including:
- Distracted driving: This is a leading cause of preventable collisions in New York. It includes more than just texting; it's eating, adjusting the GPS, talking to passengers, or any activity that takes a driver's eyes, hands, or mind off the task of driving. Our car accident attorneys are skilled at uncovering evidence of distraction by subpoenaing cell phone records to find call logs, text timestamps, and data usage.
- Speeding: Exceeding the speed limit or driving too fast for road conditions reduces a driver's reaction time and increases the severity of a crash. Speeding turns a minor fender-bender into a catastrophic car accident with devastating injuries.
- Driving under the influence of alcohol or drugs: When a driver is impaired by alcohol or drugs, their judgment, coordination, and reflexes are severely compromised. These are not accidents; they are criminal acts of negligence. A reputable New York personal injury lawyer will not only use the criminal conviction as evidence but will also conduct their own investigation to establish civil liability.
- Reckless or aggressive driving: This category includes behaviors such as tailgating, unsafe lane changes, road rage, and weaving through traffic. These drivers show a willful disregard for the safety of others and can be held fully accountable for the harm they cause.
- Failing to yield the right of way: A common cause of personal injury cases is a driver's failure to yield the right of way. It often occurs at intersections, during left turns, or when pedestrians are in crosswalks, frequently leading to dangerous T-bone and head-on collisions.
- Disobeying traffic signals: Running red lights and stop signs is a major cause of serious intersection accidents. Our team of car accident attorneys investigates traffic camera footage and witness statements to prove this clear violation of the law.
- Fatigued driving: Drowsy driving can be just as dangerous as drunk driving, as it impairs reaction time and decision-making.
For some personal injury cases, the fault may not lie with a driver at all. Poor roadway maintenance, debris and other hazards on the roadway, and defective roadway construction or design can also contribute to or cause serious accidents. In these situations, a government entity or a private contractor may be liable.
At Keith D. Silverstein & Associates, our team carefully investigates car accident cases to determine how the crash occurred and, most importantly, who is liable for your damages. If you suffered a severe injury, you may be able to go outside New York’s no-fault system and file a claim with the at-fault driver’s insurance company or bring a legal action directly against the liable party.
Is New York a No-Fault State?
New York is one of several states that follow a no-fault car insurance system. Under this system, motorists are required to carry minimum amounts of personal injury protection (PIP) coverage. After an accident, you are covered for certain accident-related damages under PIP, regardless of who was at fault.
In New York, no-fault insurance covers the following damages:
- All reasonable and necessary medical expenses related to the accident
- Up to 80% of your lost wages/income, capped at $2,000 a month, for up to three years
- Up to $25 per day for all reasonable and necessary accident-related expenses, such as transportation costs and household assistance, for up to one year
Additionally, when someone dies due to a car accident, PIP will provide a $2,000 death benefit, paid to the estate of the covered individual.
The total combined limit for medical expenses and lost wages under basic PIP coverage is $50,000 per person. This means that once your medical bills and lost wages reach this amount, no-fault benefits are exhausted. If additional coverage is needed, Optional Basic Economic Loss (OBEL) or Additional Personal Injury Protection (APIP) can be purchased to extend these benefits.
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Going Outside the No-Fault System
Although no-fault insurance can make it easier to receive compensation after an accident, in that you do not have to prove that someone else was at fault or otherwise liable for your damages, it also does not cover all of your expenses and damages. For example, PIP does not cover 100% of your lost work income, and it does not provide any compensation for noneconomic damages such as pain and suffering.
Those who suffer serious injuries, as defined by the state of New York, can go outside the no-fault system and either bring claims against the insurance provider of the at-fault driver, or directly sue the at-fault driver for damages.
Understanding the “Serious Injury” Threshold in New York
Pursuing compensation beyond your PIP coverage requires proving that you’ve sustained a “serious injury” as defined under New York Insurance Law § 5102(d). This is often a challenging hurdle, and many unrepresented claimants fall short at this stage. Insurance companies are quick to argue that your injuries don’t meet this threshold in order to minimize their liability.
That’s where our car accident attorneys come in. We work with your medical providers, vocational experts, and economists to gather the objective evidence needed to prove your car accident case meets one of these state-defined categories:
- A bone fracture: A clear break of any bone, confirmed by X-ray or other imaging, typically qualifies.
- Significant and permanent disfigurement: This often refers to severe scarring, especially on the face, neck, or hands, or the loss of a limb (traumatic amputation). The key is proving the disfigurement is “significant,” which our team demonstrates through medical records and photographic evidence.
- Permanent consequential limitation of use of a bodily organ or member: This category requires proof that a body part or organ has been permanently and consequently limited as a result of the car accident.
- Significant limitation of use of a bodily function or system: This category is similar but requires demonstrating a “significant” limitation, even if it is not permanent. It often involves specific measurements of reduced range of motion in the spine or extremities, documented by a physician.
- Substantial and complete disability for 90 days: This is often called the “90/180-day” rule. You must prove that you were completely unable to perform substantially all of your usual and customary daily activities for at least 90 out of the 180 days immediately following the car accident. This doesn't just mean work; it includes chores, hobbies, and personal care. Our New York personal injury lawyer team helps you document this profound disruption to your life.
Proving you meet this threshold is key to getting the full compensation you deserve for pain and suffering. Don’t let an insurance adjuster tell you your injury isn’t “serious” enough. Instead, let an experienced car accident attorney from our firm evaluate your case.
If your injury meets the state’s serious injury threshold, or if you’re unsure if you can pursue a claim outside New York’s no-fault system, contact an NYC car accident lawyer from Keith D. Silverstein & Associates today to learn about your legal rights and options.
For a free initial consultation with an experienced New York car accident lawyer, call (866) 478-3081 or contact us online. Hablamos español.
Common Car Accident Injuries
Many motor vehicle accident victims experience significant injuries that permanently affect their lives and the lives of their loved ones. Some of the most common car accident injuries include:
- Brain injuries: A traumatic brain injury can occur even without a direct blow to the head. The violent force of a crash can cause the brain to bounce against the inside of the skull, leading to concussions or severe, permanent brain damage. Its effects can be lifelong, impacting memory, personality, and cognitive function.
- Spinal cord injuries: Damage to the spinal cord can result in partial or complete paralysis (paraplegia or quadriplegia), requiring a lifetime of care and accommodation.
- Head, neck, and back injuries: Whiplash is a common injury in rear-end collisions, but this term often downplays the severity. It can involve damage to soft tissues, vertebrae, and discs. Herniated or bulging discs in the neck or back can cause chronic pain, numbness, and weakness, often requiring surgery.
- Broken bones: The immense force of a car accident can easily cause fractures, particularly to the limbs, ribs, and pelvis. Severe fractures may require surgical implantation of rods, plates, and screws, and can lead to long-term arthritis or mobility issues.
- Internal bleeding/organ damage: The blunt force trauma of a car accident can cause internal bleeding or damage to vital organs such as the spleen, liver, or kidneys, requiring immediate surgical intervention.
- Contusions: While bruises may seem minor, severe deep tissue contusions can cause lasting pain and complications.
- Facial injuries: Impact with a steering wheel, dashboard, or airbag can cause facial fractures, dental injuries, and severe lacerations that result in significant scarring.
- Paralysis: This devastating outcome often results from a spinal cord injury.
- Traumatic amputation: The crushing force of a collision can sever a limb or cause such extensive damage that a limb must be surgically amputated.
These and other car accident injuries can lead to permanent disfigurement, significant impairment, and lifelong disabilities. Many victims struggle to recover emotionally and financially, even when they make a full physical recovery.
Compensation for Car Accident Victims in New York City
If you’ve been injured in a car accident, motorcycle crash, truck collision, or any similar incident, a New York personal injury lawyer from Keith D. Silverstein & Associates can investigate your claim and help you determine what damages you may be entitled to.
When we build your car accident case, we pursue two primary types of damages: economic and noneconomic.
Economic Damages
Economic damages cover the measurable financial losses you’ve suffered due to the car accident, both now and in the future. These may include:
- Medical costs: From emergency room visits to surgeries, ongoing physical therapy, medications, and assistive devices such as wheelchairs or home modifications, we make sure all your healthcare needs are accounted for.
- Lost wages: If you’ve missed work while recovering, we seek reimbursement for your lost income.
- Loss of future earning capacity: If your injuries prevent you from returning to work or limit your ability to earn a living, we calculate the total income you would have earned throughout the remainder of your career.
- Property damage: This includes repairing or replacing your vehicle and other personal belongings damaged in the accident.
- Additional expenses: Out-of-pocket costs such as transportation to medical appointments or hiring in-home assistance are also included.
Noneconomic Damages
Noneconomic damages address the less tangible, yet deeply impactful, consequences of a car accident. These damages are more subjective and often contested by insurance companies, making the expertise of an experienced car accident lawyer essential. They include:
- Pain and suffering: This encompasses the physical pain and emotional trauma you’ve endured as a result of the accident, as well as any ongoing distress you may face in the future.
- Loss of enjoyment of life: This compensates for your inability to participate in hobbies, activities, or family life as you once did.
- Emotional anguish and mental distress: This can include anxiety, depression, post-traumatic stress disorder, and insomnia stemming from the trauma of the car accident.
- Loss of consortium: This refers to a claim for the detrimental effect the sustained injuries have had on the marital relationship.
While some auto accidents result in only minor injuries, others can cause lifelong medical conditions and disabilities. Regardless of the extent of your injuries, however, there are many steps you need to take following an accident, including seeking medical attention and speaking with a New York car accident lawyer. Our team meticulously documents these losses, often working with life-care planners and financial experts to calculate the full, long-term cost of your injuries. We fight to ensure your compensation reflects the total impact the car accident has had on your life.
The Role of Your New York Car Accident Lawyer
After a car accident, the last thing you should worry about is navigating the complexities of an insurance claim. Your priority should be focusing on your recovery — both physically and emotionally — and managing your day-to-day responsibilities. Let us handle the legal battle while you focus on healing.
How Can an NYC Car Accident Lawyer Help After You Are Injured?
Our expert New York attorneys understand how devastating an auto accident can be on a physical, financial, and emotional level. We are dedicated to helping victims recover the compensation they deserve for their losses and suffering.
It’s important to remember that insurance companies are not on your side. These are profit-driven businesses obligated to protect their bottom line, not your well-being. Adjusters are trained to minimize payouts, so they may attempt tactics such as:
- Rushing you into accepting a lowball settlement before the full extent of your injuries is determined
- Requesting a recorded statement to twist your words and assign partial blame to you
- Scouring your social media for photos or posts that can be taken out of context to claim you aren't really injured
- Delaying or outright denying your claim without a valid justification, hoping you’ll give up
Don’t worry, the car accident attorneys at Keith D. Silverstein & Associates are here to level the playing field. From day one, we manage all communications with the insurance company, shielding you from their aggressive tactics. Our team immediately launches an investigation, secures key evidence, and collaborates with top experts to build a compelling case for your compensation.
As your legal team, we will be there to answer your questions, update you on the status of your case, and address any concerns you may have throughout the legal process. We take great pride in offering highly personalized legal services and developing innovative strategies tailored to each client’s unique case.
Many personal injury cases are settled out of court, but that only happens when the insurance company knows your lawyer is fully prepared to go to trial and win. Our reputation as tenacious litigators lends immediate credibility to your claim.
When you entrust us with your car accident case, we will:
- Conduct a thorough investigation of your accident.
- Collect evidence to support your claim.
- Identify all liable parties and pursue maximum damages from each one.
- Handle negotiations with insurance companies.
- Represent you in court if a trial becomes necessary.
- Guide you through the entire legal process.
Since 2005, our firm has successfully resolved countless personal injury cases. We prioritize our clients’ needs, ensuring victims receive the full compensation they deserve.
Contact Keith D. Silverstein & Associates for a Free Consultation
If you or a loved one has been injured in a car accident, turn to an experienced New York personal injury lawyer from Keith D. Silverstein & Associates right away. We understand the legal and insurance issues related to a car accident case and fight tirelessly for the catastrophically injured and their families, as well as the surviving loved ones of those who tragically pass away due to devastating motor vehicle collisions. With us by your side, you can get the compensation you need to move on with your life.
Injured in a car accident in New York City? Call Keith D. Silverstein & Associates at (646) 813-3922 or contact us online to request a complimentary consultation today.
Frequently Asked Questions
How much does a car accident lawyer cost in New York?
Car accident lawyers, like most personal injury lawyers, provide their legal services on a contingency-fee basis. This means that, rather than paying a retainer, you pay only your attorney if/when they recover compensation for you. Once your attorney has recovered a settlement or verdict on your behalf, they use a percentage of that recovery (typically around 33⅓%, though this can vary) to pay their legal fees and other litigation-related costs. You do not pay any upfront or out-of-pocket fees when you work with the team at Keith D. Silverstein & Associates. Call us today to learn more.
How long do I have to file a car accident lawsuit in New York?
The statute of limitations for car accident lawsuits in New York is three years from the date of the accident. This means that you have just three years to file your lawsuit against the at-fault party. If you wait too long, the court will most likely dismiss your case, and you won’t be able to seek compensation for your damages.
Should I accept the insurance company’s settlement offer?
Before agreeing to a settlement offer from the insurance company, talk to a New York car accident attorney. You should never accept the first offer, and do not sign anything or make any statements until you have discussed your options with an auto accident attorney. Insurance companies will often use misleading tactics to try to get claimants to accept lowball settlements. The insurance company may even dispute your injuries or deny your claim altogether. It is always in your best interests to work with a knowledgeable attorney.
How much is my car accident claim worth?
The overall value of your claim depends on numerous factors, including the severity of your injuries, whether you are eligible to go outside the no-fault system, the extent of your damages, your degree of fault (if any) in causing the accident, and more. That being said, we believe that you should receive full compensation for all of your accident-related losses. Contact Keith D. Silverstein & Associates to learn how we can fight for you and the fair compensation you are owed.
We Care About Your Healing Our Client's Story
"My husband was injured a few years ago and Keith D. Silverstein & Associates was there to help him receive the compensation he deserved. They worked hard and never settled for anything less than what they thought he was entitled to."
- Virginia
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