Brooklyn Car Accident Lawyer
Hurt in a Brooklyn car accident? Don’t be a victim twice.
If you were rear-ended on the Belt Parkway, hit while crossing Flatbush Avenue, or hurt in a car crash on Linden Boulevard, the insurance company immediately looks out for its own interests when you file a claim. Greenstein & Pittari, LLP is here to protect you.
Our attorneys visit injured Brooklyn drivers, passengers, cyclists, and pedestrians at home or in the hospital.
You can also find us at our Brooklyn office at 41 Flatbush Avenue. Consultations are free, and you only pay attorney’s fees if we win your case.
| Brooklyn Car Accident Claims | What You Need to Know |
|---|---|
| Deadline to Sue | 3 years from the date of the accident in most cases. |
| City or MTA Vehicles | A Notice of Claim is due within 90 days, and the lawsuit within 1 year and 90 days. |
| No-Fault Insurance | Covers up to $50,000 in medical bills and lost wages. File your application within 30 days. |
| Suing the Other Driver | Allowed for pain and suffering if your injury meets New York’s serious injury threshold. |
| If You Were Partly at Fault | You can still recover, reduced by your percentage of fault. |
| Where Cases Are Filed | Kings County Supreme Court (New York State Supreme Court for Brooklyn), 360 Adams Street, Brooklyn. |
| Cost of a Lawyer | Free consultation. No attorney’s fees unless you recover compensation. |
What Causes Car Accidents in Brooklyn?
Most Brooklyn car accidents are caused by driver error, such as distraction, speeding, or impairment. Finding the cause matters because it shows who is legally responsible for your injuries.
Common causes include:
- Drunk, drugged, drowsy, and distracted drivers
- Mechanical and part failure
- Running red lights and stop signs
- Road hazards that should have been managed
- Roadside construction zone mishaps
To prove what happened, our lawyers investigate the crash scene, the vehicles, and the drivers involved.
We also gather police reports, witness statements, and camera footage, and work with accident reconstruction experts when needed. Many crashes involve more than one cause and several potentially liable parties, including employers of commercial drivers.
If a large commercial vehicle hit you, our Brooklyn truck accident lawyers can help.
What Injuries Do Brooklyn Car Accidents Cause?
Brooklyn car accidents can cause injuries ranging from whiplash to traumatic brain injuries and paralysis. How serious your injuries are after a crash depends on the speed of the vehicles, the type of collision, and whether safety equipment like seat belts and airbags worked.
Motorcyclists, cyclists, and pedestrians are often hurt the worst because nothing protects them in a crash. Our Brooklyn motorcycle accident lawyers handle those cases as well.
We work with your doctors to document every injury, including these common ones:
| Injury Type | How It Can Affect You |
|---|---|
| Head and Facial Injuries | Can lead to hearing loss, vision impairment, traumatic brain injury (TBI), and disfigurement that requires surgery. |
| Neck, Back, and Spine Injuries | Can cause whiplash, permanent back pain, spinal cord injuries that lead to paralysis, and nerve damage resulting in chronic pain, numbness, tingling, and reduced mobility. |
| Internal Organ Damage | Can cause life-threatening internal bleeding, which may not show symptoms right away. |
| Broken Bones | Can limit mobility and may require surgery or physical therapy. Fractures also meet New York’s serious injury threshold, which allows you to sue the at-fault driver. |
| Severe Burns | Burns from fire or leaked chemicals can be painful and long-lasting, and may cause severe disfigurement that requires skin grafts and other surgeries. |
| PTSD | Can affect anyone at any age, causing anxiety, flashbacks, sleep problems, and difficulty driving or riding in a car. |
Fair Compensation for Your Brooklyn Car Accident
If you have been in a car accident in Brooklyn, you may be able to get compensation for your financial losses as well as your pain and suffering.
Your lawyer will team up with your doctors and other experts to figure out both your current and future costs, such as:
- Immediate and long-term medical costs
- Current and future income loss and losses in wage-earning capacity
- Any disability accommodations to your home, workplace, and car
- Pain and suffering for the experience of the accident, your treatment, and the recovery process
- Distress tied to changes in your emotional and mental well-being
- Loss of consortium
- Damage to your vehicle and the items inside
- Punitive damages, in rare cases where the other driver’s conduct was reckless or intentional, such as drunk driving
- Wrongful death
How Does No-Fault Insurance Work After a Brooklyn Car Accident?
If you are in a car accident in Brooklyn, your own insurance company will cover your initial medical bills and lost wages, regardless of who was at fault.
In New York, which is a no-fault insurance state, this coverage can pay up to $50,000 for basic economic losses. To receive these benefits, you need to file your no-fault application within 30 days of the accident.
No-fault insurance does not cover pain and suffering, and serious injuries can cost much more than $50,000.
To sue the at-fault driver, your injury must meet New York’s definition of a “serious injury,” which includes:
- A fracture
- A disability lasting at least ninety days within the first 180 days after the injury
- Significant disfigurement
- Dismemberment
- Loss of a fetus
- Permanent loss of the use of a body organ, member, function, or system
- Permanent limitation of the use of a body organ or member
- Significant limitation of the use of a body function or system
- Death
No-fault insurance claims are capped by both the state and individual insurance policies. These caps often leave the victims of serious Brooklyn car accidents paying out of pocket for their damages. Luckily, a personal injury claim can help you recover full compensation for all you have suffered.
What Happens After You File a Car Accident Claim in Brooklyn?
A Brooklyn car accident claim usually moves from an insurance claim to negotiation, and to a lawsuit only if the insurer won’t pay fairly. Here is what to expect:
- Report the accident and file for no-fault benefits: Notify your insurer and submit your no-fault application within 30 days. If anyone was injured, also file an MV-104 report with the DMV within 10 days of the car crash.
- The insurance company investigates: An adjuster reviews your medical records, vehicle damage, and the police report. This can take weeks, so don’t expect an immediate offer.
- Your lawyer sends a demand: Once your injuries are documented, your lawyer sends the at-fault driver’s insurer a demand letter for the full value of your personal injury claim.
- Negotiation: Insurers often start with a low offer. Your lawyer pushes back with evidence of your medical costs, lost income, and long-term needs.
- Lawsuit, if needed: If the insurer refuses to pay fairly and your injury meets the serious injury threshold, your lawyer can file a lawsuit in Kings County Supreme Court.
Can You Recover Compensation If You Were Partly at Fault?
Yes. Under New York’s pure comparative negligence rule, you can recover compensation even if you were partly at fault for your Brooklyn car accident.
Your award is reduced by your share of fault. For example, if you are awarded $1 million but found 20 percent at fault, you receive $800,000.
Insurers know this rule, and they often try to shift blame onto you to reduce what they pay. Learn the signs an insurance company is lowballing your claim, and speak with a lawyer before giving any recorded statement.
Talk with a Car Accident Lawyer in Brooklyn
Car accidents in New York have a three-year statute of limitations, which means you have to file your claim within three years of your Brooklyn car accident.
If a City vehicle, MTA bus, or other government vehicle was involved, the deadline is much shorter: you must file a Notice of Claim within 90 days.
Those three years can fly by if you’re not prepared, leaving you without the settlement you need. You likely need a Brooklyn car accident attorney to start your claim quickly.
Our team at Greenstein & Pittari, LLP knows how to win and secure the financial justice you deserve.
Call 1-800-VICTIM2 (842-8462) or fill out the form below to schedule a free consultation today.
Find a Brooklyn Car Accident Lawyer Today:
Greenstein & Pittari, LLP
41 Flatbush Ave 1st floor, Brooklyn, NY 11217
(646) 850-2601
Citations:
Legislation, New York Senate
https://www.nysenate.gov/legislation/laws/CVP/214
NYC’s 2023 Car Accident Statistics, Black Car News
https://www.blackcarnews.com/article/nycs-2023-car-accident-statistics
Brooklyn Car Accident FAQ
Why choose Greenstein & Pittari, LLP for a Brooklyn car accident case?
Greenstein & Pittari, LLP offers a legal team that treats clients with care and keeps them updated every step of the way. Their Brooklyn office has a 4.9-star rating on Google, and clients often mention the supportive, attentive staff. You can find the office at 41 Flatbush Avenue, close to Barclays Center.
Where is a Brooklyn car accident lawsuit filed?
Brooklyn car accident lawsuits are usually filed in the Kings County Supreme Court at 360 Adams Street in Downtown Brooklyn. A case can generally be filed in Brooklyn if you or the other driver lives there, or if the accident happened there. Most car accident cases settle before trial.
How long do I have to file a no-fault claim after a Brooklyn car accident?
You must file a no-fault application within 30 days of a Brooklyn car accident. If you miss that deadline, your insurer may deny benefits. No-fault insurance covers up to $50,000 in medical bills and lost wages, regardless of who caused the crash.
Can a pedestrian or cyclist hit by a car in Brooklyn file a claim?
Yes. Pedestrians and cyclists hit by a car in Brooklyn can file a no-fault claim for medical bills and lost wages. If you don't own a car, you file with the insurer of the vehicle that hit you. If your injury meets New York's serious injury threshold, you can also sue the driver for pain and suffering.
What if an MTA bus or City vehicle hit me in Brooklyn?
If an MTA bus, NYPD car, or other City vehicle hits you in Brooklyn, you have only 90 days to file a Notice of Claim. Missing this deadline can end your case before it starts. After filing the notice, you generally have one year and 90 days to file the lawsuit.
Where do car accidents happen most in Brooklyn?
Many serious Brooklyn car accidents happen on busy corridors like Atlantic Avenue, Flatbush Avenue, Linden Boulevard, and Ocean Parkway, and on highways like the Belt Parkway and the Brooklyn-Queens Expressway (BQE). Heavy traffic, frequent intersections, and high pedestrian activity make these roads especially risky for drivers, cyclists, and pedestrians.
What should I do after a car accident in Brooklyn?
After a Brooklyn car accident, call 911, get medical care, and photograph the scene and your injuries. You can get the police report through the NYPD's online Collision Report Retrieval portal. If anyone was injured, you must also file an MV-104 report with the DMV within 10 days.