Auto Accidents

Auto Accident Attorneys in Rochester, New York

Helping Monroe County Residents Deal with Auto Accidents

Being involved in an auto accident can be a traumatic, life-changing event. At Duke Law Firm, P.C., our Livingston County auto accident attorneys are here to fight for an ideal outcome in your case, helping you receive the funding and results you need for a steady recovery.

To schedule a consultation with our Monroe and Livingston County auto accident attorneys, contact us online or via phone at (585) 449-4987.

Understanding Auto Accident Laws in New York

On our personal injury page, we wrote about New York's contributory negligence laws. In an auto accident case, one party typically files a personal injury suit against another party they believe was responsible for an auto accident to ensure they are equitably compensated for costs resulting from the accident.

New York courts factor the negligence of both parties into personal injury cases to determine how much compensation the claimant should receive. For example, let's say another party fails to stop at a stop sign and hits you going through an intersection, but you were over the speed limit at the time. If the other party can prove you were speeding, you may be considered negligent by the court to a certain degree, reducing the amount of compensation the other party must give you for the accident.

Contributory negligence laws play a large role in many New York auto accident cases. It's just another reason why it is so important to have a Rochester auto accident attorney you can trust, and who will help you gather evidence to prove the other party's fault and defend yourself in court. At Duke Law Firm, P.C., our Monroe and Livingston County attorneys also serve the entire Southern Tier.

Car Insurance & Auto Accident Claims in New York

New York is a no-fault car insurance state, meaning that potential auto accident claimants must first try and work with their car insurance provider to gain compensation before filing a personal injury claim against the other party. This is true even if the other party was wholly at fault for the accident.

In most New York auto accident cases, you can only file a personal injury claim against the other party if your case qualifies as a "serious injury." This means that as a result of the accident, you suffered:

  • Significant or permanent limitation of a body function, organ, system or member;
  • Were significantly disfigured by the accident or experienced bone fractures; or
  • Qualified for full disability for at least 90 days due to the severity of the accident.

If you can prove that your case meets the above conditions (typically done using testimony provided by a physician or other professional who can verify the severity of the injuries sustained in the accident) you may be able to file a personal injury claim against the other driver.

How Much Compensation Will I Receive?

The amount of compensation you receive for your case depends on a variety of factors, from the expenses of the injury and economic losses incurred due to the accident, to whether you were responsible for the accident in any way.

There are time limitations to your auto accident claim. You should consult with an attorney about the applicable statute of limitations for your case and never assume you have more time to file a case without first confirming the deadline with a competent attorney.

At Duke Law Firm, P.C., our Rochester auto accident attorneys are committed to ensuring you receive legal representation that enables you to seek the best possible outcome in your auto accident case.

To schedule a consultation with our Monroe County auto accident lawyers, who also serve Livingston County and the Southern Tier, or learn about our other personal injury services, contact us online or via phone at (585) 449-4987.

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