Manhattan’s Leading Pedestrian Accident Lawyer

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Manhattan is the beating heart of New York. With thousands of apartments, workplaces, and world-famous landmarks, Manhattan is arguably the busiest in terms of pedestrian traffic in all of New York. However, Manhattan’s fast-paced environment and notorious traffic conditions also make it an epicenter for pedestrian accidents. If you have been the victim of a pedestrian accident in Manhattan, New York law entitles you to claim compensation under certain circumstances. However, claiming this compensation requires extensive negotiations with defendants and insurance companies that require the skills and expertise that can only be found with a Manhattan pedestrian accident lawyer.

The Role of a Manhattan Pedestrian Accident Lawyer

Dealing with the insurance and legal formalities can be challenging, especially when you are still recovering from your injuries. That is why we at the Law Office of Eli Shmulik are here to help. As Manhattan pedestrian accident lawyers, we are committed to helping you throughout the healing process. We have a proven track record of helping clients recover millions in compensation for their accidents, and we will use these skills and expertise to champion your rights and obtain proper compensation that eases all your financial burdens. We will:

  • Offer the initial consultation free of charge.
  • Work on a contingency basis, with no hidden costs
  • Conduct a thorough investigation into the circumstances of your pedestrian accident.
  • Gather the evidence required and build a strong case that fully accounts for the damage suffered.
  • Handle all the paperwork and procedural requirements in a timely manner.
  • Engage in negotiations with insurance companies and defense attorneys to reach a fair and equitable settlement.
  • Stand firm as advocates of your interests in court.

Common Causes of Pedestrian Accidents in Manhattan

The walkways of Manhattan are full of pedestrians at any given time. However, most of these walkways can hardly accommodate this, exposing pedestrians to the dangers of New York traffic. The numerous studies conducted over the years and our own past experiences show that the most common causes of pedestrian accidents in Manhattan are:

  • Distracted drivers
  • Failure to slow down at crosswalks
  • Speeding
  • Running stop signs and red lights
  • Drunk driving
  • Road rage
  • Left-turn accidents
  • Poorly designed intersections

Common Injuries in Pedestrian Accidents

The injuries you suffer in a pedestrian accident are primarily determined by the subjective circumstances of the accident. The spectrum of injuries can range from a simple scratch to severe, life-altering injuries. As Manhattan pedestrian accident lawyers, some of the most common injuries we’ve seen that form the basis of pedestrian accident claims and lawsuits are:

  • Head and Traumatic Brain Injuries
  • Spinal cord injuries and paralysis
  • Road Rash
  • Fractures and broken bones
  • Damage to internal organs
  • Soft tissue injuries
  • Amputations

Steps To Take in the Aftermath of a Pedestrian Accident

As Manhattan pedestrian accident lawyers, we’re often asked what are things that should and shouldn't be done in the aftermath of an accident. While we understand that the situation can be overwhelming, know that taking these particular steps is crucial to protecting your health, legal rights, and the ability to seek compensation from those responsible. Therefore, the steps that should be taken include:

  • Call 911 to notify law enforcement and seek immediate medical treatment.
  • Notify your insurance provider of the accident as soon as possible.
  • If possible, try to take pictures and other relevant information while at the scene of the accident.
  • Contact a Manhattan pedestrian accident attorney to understand your rights and liabilities.
  • Do not admit fault or apologize for the incident. Such statements can be used to justify reducing your compensation.
  • Do not post about the accident on social media.
  • Do not make any official statements or representations without clearing it with your attorney.
  • Do not accept the first settlement offer presented by the insurance company, since they are likely to be lower than the actual value you could claim.

Types of Legal Action in Pedestrian Accident Cases

When looking to claim compensation for pedestrian accidents, you must first file an insurance claim. Under New York’s  ‘No-Fault’ insurance, in pedestrian accidents the insurance provider is legally obliged to compensate you, regardless of fault. However, in most cases, the compensation provided may not be enough to cover all the costs, thus compelling individuals to file lawsuits against those responsible. Depending on the circumstances of your accident, the various types of lawsuits that can be considered include:

Personal Injury

These lawsuits are filed when the accident that caused the injuries was the result of the at-fault party’s negligence. The injured party must prove that there was a duty of care (all drivers owe a duty of care to pedestrians and other drivers), their actions breached the duty of care, the breach caused the accident, and you suffered injuries as a result.

Wrongful death

Under New York law, if a pedestrian is killed in an accident, the executor of their estate may file a wrongful death lawsuit against the party at fault. This suit will be filed on behalf of the surviving family members, and the proceeds will be held and distributed in accordance with priority.

Damages Available To Pedestrian Accident Victims

The damages you claim as the victim of a pedestrian accident should account for both the tangible and intangible losses you’ve suffered. As such, the damages that can be claimed include economic, non-economic, and punitive damages. The economic damages account for all your financial losses and include medical expenses, lost wages, damage to property, etc.

On the other hand, non-economic damages account for intangible losses that do not have defined value. These include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Punitive damages may be awarded by the court in cases of extreme negligence and recklessness. The idea is to punish the offending party and deter similar behavior in the future.

Get Better Representation Today

An accident can turn your life upside down. As a New York personal injury law firm, it's our duty to help you put things back in order. Speak to our team about your potential case today.

Frequently Asked Questions

Taking the right steps after an accident can protect your rights and improve your chances of securing compensation. Here’s what to do:

Do you need a Manhattan pedestrian accident lawyer to represent you?

New York law allows you to appear in court without counsel. However, considering the complexities of building a strong case for compensation and adhering to court procedure, it is highly recommended that you reach out to an experienced New York pedestrian accident lawyer for representation.

How long does a pedestrian accident lawsuit take to settle?

The time frame for settling pedestrian accident lawsuits is not set in stone. Factors such as the complexity of the cases, the cooperation of parties involved, and the timetables of the court all play a big part. Therefore, cases can range from a few months to even a few years.

Does the statute of limitations apply to pedestrian accidents?

Yes, the lawsuits you bring in pedestrian accidents are subject to the statute of limitations. Personal injury cases must be filed within three years from the date of the accident. The statute of limitations in wrongful death lawsuits is two years. 

Can you claim compensation if you are partly at fault?

Yes, New York’s comparative negligence law allows you to claim compensation even if you share partial blame for your accident. However, the compensation payable will be reduced comparatively to the fault. This means that so long as you are not completely to blame for the accident, you can claim compensation.

Injured? Get in Touch Now

Your time may run out to file your claim. If you are seriously injured and seeking your rightful compensation, do not wait.

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