Jump to Content

What Is A Personal Accident Claim?

/ Car Accident /

NEW YORK – When you’ve been injured in an accident, you probably have a lot of questions. One of the most common questions our Long Island car accident lawyers hear is, What Is A Personal Accident Claim?

More commonly known as a personal injury claim or lawsuit, this legal filing can help accident victims get the compensation they need to recover from an injury. Let our Long Island car accident lawyer explain:

What Is A Personal Accident Claim?

An injured person typically files a personal injury lawsuit, or accident claim, against those responsible for their injuries. Typically, there are several people involved in this process:

  • The plaintiff: This is the person filing a claim against those responsible for an accident.
  • The defendant: Also known as the “at-fault party” or “tortfeasor,” this person (supposedly) caused the injuries.
  • Attorneys: Each party will have an attorney who is licensed to practice personal injury law to represent him or her. A personal injury attorney fights for the rights of the injured party to help them get the compensation he or she needs to pay for accident-related expenses.
  • Adjusters: These are the people who work for insurance companies whose job is to settle claims. Adjusters do everything possible to avoid paying accident victims what they likely deserve. Although it seems wrong, these actions protect the insurance companies.
  • First Party’s Insurance: The plaintiff’s insurer.
  • Third Party Insurance: The defendant’s insurer.
  • A Party to the Lawsuit: A plaintiff or defendant.

How does a Personal Injury Lawsuit Work?

Every personal accident claim revolves around two main issues: liability and damages. A plaintiff who can prove the liability and damages may receive financial compensation from the defendant. The plaintiff and his attorney must establish the following facts:

  1. The defendant owed the plaintiff a duty of care
  2. The defendant breached that duty of care
  3. The plaintiff suffered an injury as a direct result of that breach

These facts must be proved by a preponderance of the evidence, which is a lower standard of proof than what is required in criminal cases.

We Offer FREE Personal Injury Accident Consultations

The experienced legal team at Cellino & Barnes can help you file a personal accident claim. Their Long Island car accident lawyers have helped thousands of injured clients maximize their compensation by fighting the big insurance companies head-on. If you’ve recently been hurt in an accident, you may be able to recover thousands of dollars which can help pay for a variety of accident-related expenses. Call our Long Island car accident lawyers at any time for a FREE case evaluation.

Cellino & Barnes (800) 888-8888

Hurt In An Accident But Didn’t Go To The Hospital – What To Do?

/ Car Accident /

Speeding Ambulance races to scene of car accidentROCHESTER, N.Y. – When there’s a car accident, doctors and safety experts stress the importance of immediate medical attention. It can be the difference between life and death, even when your injuries seem minor. Many victims of traffic crashes tell our Rochester car accident attorneys they were hurt in an accident, but didn’t go to the hospital.

What should you do now? Our Rochester car accident lawyer explains:

Hurt In An Accident But Didn’t Go To The Hospital – What To Do?

Keep in mind, your health and safety is ALWAYS top priority after a car crash. Not all accidents end with broken bones or severe whiplash, but it IS important to get checked-out by a doctor if you were hurt.

Why?

Even if you think your injuries are minor, there could be long-term health consequences that may not surface for days, weeks or even months after an accident. Getting this documented by a medical professional is also an important step that can help you get compensation for your injuries.

There are over 16,000 car accidents every day in the United States. Not everyone has to be immediately rushed to the nearest hospital, but if you have any aches or pains after an accident, schedule a visit with your doctor as soon as possible.

You may also want to get in touch with a local car accident lawyer. An experienced legal team can fully investigate your accident, file the necessary documentation, and present a case to the insurance company that can help you get the best result possible.

Our Rochester car accident lawyers have decades of combined experience helping injured victims get compensation after a crash. If you have any questions, call us for a FREE consultation.

Cellino & Barnes (800) 888-8888

 

What Should I Do if I Was Hit by a Car While Walking?

/ Car Accident /

NEW YORK – Being a pedestrian in any city is a risk many take for several reasons. Although pedestrian populations in and around New York City are among the greatest in the country, pedestrians are constantly at risk of being struck by a vehicle. Many people ask our New York car accident lawyers, What Should I Do if I Was Hit by a Car While Walking?

First, know that you’re not alone.

According to the CDC, over 130,000 pedestrians are injured each year in the United States. Pedestrian-car accidents tend to be much more severe than car-on-car accidents, as pedestrians aren’t protected by a large hunk of metal and strategically-placed airbags. If you were recently hit by a car, there are several steps you should take to protect your interests.

What Should I Do if I Was Hit by a Car While Walking?

Those who are hit by cars as pedestrians should take measures to receive prompt medical attention and ensure the accident details are recorded. These steps are similar to the steps you should take following a car accident in New York.

  1. Call 9-1-1 immediately. If you become incapacitated, ask a bystander to summon an ambulance to the scene of the accident.
  2. Call the police. The police will collect information about the accident to write an accident report. In your statement to police officers, give them the facts of the accident. Try to remember important details; do not tell them how you are feeling.
  3. Get information from the driver. It’s important to record the driver’s name and insurance information. If the accident was a hit-and-run accident, report anything about the vehicle and/or the driver to police officers.
  4. Write down everything about the accident as soon as you can, exactly as you remember it. Your memory of the accident can quickly fade; it’s crucial to remember the details as the information may be the key to receiving a just personal injury settlement. Also, ask bystanders to record what they saw.
  5. Take lots of pictures. If you are able to, take pictures with your phone of the accident scene. Be sure to take photographs of your injuries and the make and model of the car that struck you, if possible.
  6. Contact Cellino & Barnes. Even if you feel that you have sustained minor injuries, injuries you may not be aware of may make themselves known days or weeks after the accident. Before contacting your insurance company call our NY pedestrian accident lawyers to take the right steps to protect your case.

Even if you think you may have contributed to the accident, it’s important to speak with an attorney and never admit fault to anyone who questions you about the crash. If you have any questions, contact our New York personal injury lawyers for a free consultation. Our No Fee Promise guarantees that you will not owe a fee unless we win your case. We’ve heard all kinds of questions, even What Should I Do if I Was Hit by a Car While Walking? Let us help you get answers for your unique situation.

Cellino & Barnes (800) 888-8888

What Am I Entitled to in a Car Accident?

/ Car Accident /

man with his arm in a sling after being injured in an accidentNEW YORK – There’s never a convenient time to get involved in a car crash, yet thousands of people suffer this reality every day. In a car accident, it’s not always clear who is at fault, and many injured crash victims are left wondering, What are You Entitled To After a Car Accident?

The good news is, New York is one of twelve states in which drivers do not need to prove who caused the accident to receive compensation for their injuries. Instead, the injured party’s own insurance company is responsible for paying damages.

So, if you’ve been hurt anywhere in New York State, what kind of compensation can you expect? Our Buffalo car accident attorneys explain:

Typical Damages Accident Victims Can Recover in Buffalo, NY

Insured drivers in New York are entitled to accident-related losses regardless of who was at fault for the collision. Some of these losses include:

  • Past, present, and future medical bills
  • Prescription expenses
  • Cost of travel to and from doctors appointments, physical therapy sessions, and hospital stays
  • Up to 80% of your lost wages, or about $2,000/month
  • Household care

Under the no-fault rules, victims cannot seek compensation for pain and suffering through their own insurance policies. Some states determine when compensation for victims can extend beyond the range of the typical insurance policy by setting a monetary threshold. In New York, there is a serious injury threshold. To receive a broader range of damages, the victim must have sustained a serious injury such as:

  • Significant disfigurement
  • Bone fractures
  • Permanent injury that limits the use of an organ or limb
  • Significant limitation of bodily functions or systems
  • Full disability for 90 days

Victims who meet this threshold may be awarded compensation by a court or accept a settlement.

Although anyone can file a personal injury claim with their insurance company, the process can become complicated fairly quickly. At a time when you need help keeping up with medical bills and other expenses, when you are recovering from possibly severe injuries keeping you away from your family and your career, it’s wise to work with an experienced Buffalo car accident lawyer who fully understands the process. Find out how an Buffalo car accident attorney can help you resolve your insurance claim while you focus on getting back on your feet.

At Cellino & Barnes, our top goal is to get you the compensation you deserve and are entitled to by law. Contact a Buffalo accident attorney to discuss your case for FREE. We will help place you on the path to justice.

Cellino & Barnes (800) 888-8888

What Is A No Fault Car Accident?

/ Car Accident /

NEW YORK – Every state has different rules for car accidents. In New York, lawmakers have tried to simplify the legal system with a set of rules often referred to as ‘No Fault Laws.’ Just because they’re called ‘No Fault’ doesn’t mean no one is at fault, though. So, What Is A No Fault Car Accident?

Here’s an explanation from a personal injury attorney, Long Island, NY:

What Is A No Fault Car Accident?

In most circumstances, a no fault car accident is any car crash that happens in the 12 states that have no-fault insurance laws, including New York. Under no-fault car insurance policies, drivers do not need to prove who was at-fault to get compensation for their injuries. Instead, their own insurance company will pay a policy holder’s medical bills, lost wages and other costs associated with an accident.

No-Fault States include:

  • Florida
  • Hawaii
  • Kansas
  • Kentucky
  • Massachusetts
  • Michigan
  • Minnesota
  • New Jersey
  • New York
  • North Dakota
  • Pennsylvania
  • Utah

A Long Island auto accident attorney says there are many exceptions to these rules. Motorcycle accidents, for example, may not be applicable. In addition, no fault insurance only cover the costs of a car accident injury. When it comes to physical damage to your vehicle, the claims process is still determined by who was at fault for the accident.

In a car crash, Long Island drivers and passengers don’t necessarily have to engage in a drawn-out legal battle to get medical bills paid. However, no fault insurance only covers up to a certain amount. Beyond that, you’ll still need to determine who was at-fault for a crash.

That’s why it’s important to get a FREE consultation with the experienced Long Island personal injury lawyers at Cellino & Barnes. Our legal team can go over your accident case for free, and help determine the proper steps to ensure you’re getting the best result possible.

If you have any questions, like ‘What Is A No Fault Car Accident?,’ we can help you get answers. Call our Long Island personal injury attorneys today to see how helpful we can be!

Cellino & Barnes (800) 888-8888

 

Do You Need A Lawyer For A Car Accident?

/ Car Accident /

NEW YORK – Over the course of a typical driving lifetime, there’s a good chance you’ll be involved in three to four accidents. Most of these accidents are minor fender-benders, but some could be trouble, and it’s always important to know what to do when you’re in these situations. One of the most common questions people will ask a Bronx car accident lawyer during this time is, Do You Need A Lawyer For A Car Accident?

The quick answer: it depends.

Do You Need A Lawyer For A Car Accident?

In many cases, you may not need legal representation after a car accident:

  • The car accident was minor (no injuries, just minor property damage)
  • You were at-fault for the accident, your insurance company will assign a legal team to your case, if necessary.

However, there are many times when an experienced team of New York car accident lawyers can help you:

  • You were injured as a passenger
  • You were injured by another driver
  • You were injured by a vehicle malfunction or defect

If you’re ever unsure if you need a lawyer for a car accident or not, give one a call. According to a Bronx accident lawyer, New York has several law firms, like Cellino & Barnes, that have a “No Fee Promise.” That means you won’t owe them a penny unless they win your case.

Questions about your accident? Give us a call and we’ll help you find the answers you need for FREE. Call the Bronx car accident lawyers at Cellino & Barnes for a FREE consultation.

Cellino & Barnes (800) 888-8888

How Long Does It Take To Get A Settlement From A Car Accident?

/ Car Accident /

pen resting on paper next to a blank signature lineNEW YORK – When a person has been injured in a auto accident, they have a lot on their mind. You’ll certainly have many questions. One of the most common questions our car accident and injury lawyers hear is, How Long Does It Take To Get A Settlement From A Car Accident?

It’s an important question too! With mounting medical bills and lost wages adding-up, a quick settlement might be able to alleviate some of that stress. But an experienced New York accident lawyer at Cellino & Barnes says that’s not always the best strategy.

How Long Does It Take To Get A Settlement From A Car Accident?

Getting a car accident settlement can take anywhere from a few weeks to several years. While a quick settlement may sound nice, it often severely limits the amount a person actually recovers, and it may not be in your best interest. Accepting the first offer the insurance company gives you usually won’t get you much. A better strategy would be to gather all of the information you can possibly obtain before making or accepting a settlement offer.

According to one accident lawyer, New York is home to many law firms that simply don’t do that. There are dozens of ‘personal injury’ lawyers who have never even taken a case to trial. Whether it was an accident involving a commercial truck or your daily auto accident, some lawyers don’t care to put in the work. Instead, they focus on getting a fast settlement and moving on to the next case.

Our car accident lawyers don’t believe that strategy helps you, the client, at all.

What To Consider Before Accepting A Settlement

In the world of personal injury, information is king.

The more information you have, the faster your case can settle or go to court, if needed. There are a number of factors that can either speed the process up, or slow it down:

  • How has the accident affected your life?
  • How will your injuries impact the rest of your life?
  • Will you require surgery?
  • How much will future treatments cost?

These are all questions that should be considered before accepting any settlement offer. Once you say ‘yes’ to the insurance company, that’s it. That’s all you’ll get.

The New York car accident lawyers at Cellino & Barnes are all trial-tested and have years of experience negotiating settlements with the big insurance companies. Our law firm’s goal is to get our clients the best results possible, and we believe preparation and experience are the biggest keys needed to obtain a successful settlement or verdict.

If you or a loved one has been injured, call Cellino & Barnes for a FREE consultation. Whether your case takes a few weeks or several years, an experienced New York accident lawyer can help answer your questions and provide guidance throughout the legal process. Call us now for your free consultation.

Cellino & Barnes (800) 888-8888

What To Ask For In A Car Accident Settlement

/ Car Accident /

BUFFALO, N.Y. – If you’ve been injured in a car accident, you may be wondering, “what’s my case worth?” If you ask for too much, the insurance company may just tell you to file suit. If you ask for too little, the insurance company will gladly accept your offer because it’s way below what your case is really worth. The bottom line is, there are a lot of variables and factors that can help you determine What To Ask For In A Car Accident Settlement.

The key is being able to identify these factors so that you can maximize the value of your injury claim.

What To Ask For In A Car Accident Settlement

Whether you have a small claim or a catastrophic injury, it’s important to have all of the information you can get before making or accepting a settlement offer.

This information includes:

  • Past medical expenses associated with a motor vehicle accident
  • Future medical expenses associated with a motor vehicle accident
  • Lost wages since the accident
  • Future lost wages due to the accident
  • Past pain & suffering
  • Future pain & suffering estimates

Many cases have other factors that need to be analyzed:

  • Who’s at fault?
  • Were there any mechanical problems?
  • Was the area infrastructure safe?

All of these factors and variables should be considered if you want to get the best result possible from an injury claim. The Buffalo car accident lawyers at Cellino & Barnes fully investigate each claim, and they immediately prepare their cases for trial. This strategy has helped our law firm recover billions for our clients.

Other Factors To Consider

As with all personal injury cases, yours needs to be tailored to your specific situation. In many cases, there can be unforeseen factors that should be addressed by an experienced car accident attorney. Call Cellino & Barnes for a FREE consultation with one of our Buffalo car accident lawyers. Our team will help answer any questions you have about our law firm, injury claims and the insurance company.

Cellino & Barnes (800) 888-8888

 

How Do Insurance Companies Calculate Pain And Suffering?

/ Car Accident /

NEW YORK –  Whenever a person has been injured in a car accident, they could get compensation for their injuries. Compensatory damages often include things like medical bills, lost wages and transportation costs, which are all easily calculated. However, many victims of vehicle accidents ask our personal injury lawyers, How Do Insurance Companies Calculate Pain And Suffering?

Pain and suffering is not as easily calculated as other quantifiable damages; there’s no mathematical formula to determine how much a motor vehicle accident victim should receive. So, how is it determined?

How Do Insurance Companies Calculate Pain And Suffering?

Generally, this figure is determined by previous jury verdicts or previous settlements. This is one of the reasons why experience is crucial when choosing a law firm to represent you after you’ve been injured in a car accident.

The bottom line is, insurance companies aren’t calculating pain and suffering for you. In fact, they’re not eager to give you any compensation. It’s usually up to your car accident attorney to determine a fair settlement figure. If the law firm and the insurance company can’t come to an agreement, it’s then up to a jury to decide how much your pain and suffering is worth.

What’s Fair?

When it comes to settling personal injury cases, there are many factors to take into consideration. Some of these factors include the cost of past medical expenses and lost earnings. Future medical expenses related to the motor vehicle accident and future loss of income should also be considered. Then, there’s pain and suffering, which can be determined by an experienced Brooklyn car accident lawyer.

Add all of these factors together, and that will help you determine a fair settlement amount.

Pain and suffering can be difficult to quantify, but the Brooklyn car accident attorneys at Cellino & Barnes have years of experience and a track record for getting clients the best results possible. If you’ve been injured in a car accident, call us for a FREE consultation.

We’ve heard a lot of questions, including “How Do Insurance Companies Calculate Pain And Suffering?” Our Brooklyn car accident lawyers aren’t afraid to get you answers. If you have any questions about your insurance company, vehicle accidents or injury law, do not hesitate to give us a call — we can help you find the answers you need.

Cellino & Barnes (800) 888-8888

When Should I Settle My Car Accident Claim?

/ Car Accident /

NEW YORK – Filing a claim against the insurance company is a complex process that takes time, effort and experience. If you don’t have all of the information you need to negotiate with their legal team, you could end up with a bad deal. Many of our clients know this – so, one of the questions our Rochester car accident lawyers hear the most is, When Should I Settle My Car Accident Claim?

When Should I Settle My Car Accident Claim?

Settling a car accident claim can take months or even years. To get the best result possible from an injury claim, you should not settle before you have all of the information you can possibly obtain. Some of the most important pieces of information include:

  • Will I need to have surgery?
  • What are my injuries?
  • What will these injuries cost to treat?
  • How will my injuries impact the rest of my life?

A car accident attorney at Cellino & Barnes says in many cases, it may also be advantageous to prepare your case for trial. Our Rochester car accident attorneys have found that this preparation often helps while negotiating a settlement:

  • It shows the insurance company that you know what you’re doing, and that you’re serious about getting a fair settlement.
  • In case it’s necessary to take your case to trial, your team will already be prepared to convince a jury as to why the insurance company’s settlement offers have been insufficient.

It’s often difficult to answer the question, “When Should I Settle My Car Accident Claim?” According to an accident lawyer, NY has some of the most complex car accident and insurance laws in the country. That’s why legal advocates will always suggest contacting a Rochester car accident attorney for a FREE consultation.

If you have any questions about vehicle accidents or injury claims, our Rochester car accident lawyers can help.

Call us for your FREE consultation.

Cellino & Barnes (800) 888-8888

 

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

Read more →

Recent Tweets

Social Accounts

Contact

Office Locations

Buffalo
350 Main Street
2500 Main Place Twr
Buffalo, NY 14202
(716) 888-8888
(800) 888-8888
Map & Directions

Buffalo
Grider Street Office
451 Grider Street
Buffalo, NY 14215
(716) 888-8888
(800) 888-8888
Map & Directions

Garden City
600 Old Country Rd
Suite 412
Garden City, NY 11530
(800) 888-8888
Map & Directions

Manhattan
420 Lexington Ave
21st Floor
New York, NY 10170
(800) 888-8888
Maps & Directions

Melville
532 Broad Hollow Road
Melville, NY
11747
(800) 888-8888
Map & Directions

Rochester
16 W. Main Street
Powers Building, Suite 600
Rochester, NY 14614
(585) 888-8888
(800) 888-8888
Map & Directions

Contact

Free Case Evaluation

Fields marked with a * are required
↑ Top