Pedestrian Accident Attorneys in Staten Island, NY
A pedestrian accident can change your life in an instant, leaving you with serious injuries, piles of medical bills, and lost time from work. At Chelli & Bush, Attorneys at Law, we understand that being hurt in an accident impacts not just you but the whole family. If you need a compassionate, experienced pedestrian accident attorney in Staten Island, our team is committed to helping you find justice and holding responsible parties accountable. Our
personal injury lawyers stand by your side, handle all aspects of your case, and relentlessly pursue the full and fair compensation you need to protect your health and financial security.
Key Takeaways
- Act fast to preserve your rights—Statutes of limitations in New York impose strict deadlines for filing personal injury lawsuits.
- Compensation is possible—Even if you were partially at fault for an accident, you may still be able to recover damages under New York’s comparative negligence law.
- Dedication and proven results— With more than 50 years of experience and $500 million recovered, we’re committed to achieving the best possible outcomes for our clients.
- No fee unless we win—You pay no attorneys’ fees unless we successfully recover compensation for you.
Your Rights Under New York Law
When you’re focused on recovering from an injury, trying to figure out how the law may impact your case can be exhausting. Our Staten Island pedestrian accident lawyers ensure you understand your rights and provide clear guidance to help you move forward.
Comparative Negligence: Fault and Recovery Under New York Law
If you believe you were partially at fault for your injury, you may wonder if you’re entitled to recover any compensation at all. The short answer is yes. New York applies a rule known as comparative negligence. This means that even if you were jaywalking or crossing mid-block, you are not barred from recovering compensation.
However, if your claim is successful, your total damages will be reduced by your assigned percentage of fault. Our pedestrian accident attorneys know how to counter attempts to shift blame and maximize your recovery.
Statute of Limitations: Critical Deadlines for Your Claim
There are strict deadlines for filing personal injury lawsuits in New York:
- Standard claim—Generally, you have three years from the date of the accident to file a personal injury lawsuit in New York.
- Claims against government entities— If you slip and fall while walking on government property or you’re injured in a car accident involving a government-owned vehicle, deadlines are significantly shorter and the claims process is different. Typically, you have only have 90 days to file a formal Notice of Claim, which is required before you can proceed with a pedestrian accident lawsuit.
- Wrongful Death Claims—If you’ve lost a loved one in an accident, a wrongful death lawsuit must usually be filed within two years of the date of death.
Missing these deadlines can result in you losing your right to recover compensation. That’s why it’s vital to contact a pedestrian accident lawyer as soon as you can.
How Our Personal Injury Lawyers Build Your Case
Unfortunately, insurance companies focused on their bottom line and rarely offer what a claim is truly worth. Our team’s meticulous approach ensures we build strong cases based on compelling evidence, seasoned legal analysis, and convincing arguments.
Key Evidence and Skilled Analysis
Our team is well-versed in types of relevant evidence to collect to prove negligence and the scope of your injuries. We conduct a thorough investigation and gather evidence such as:
- Police reports
- Witness statements
- Traffic camera and surveillance footage
- Medical records
We also work with respected accident reconstruction specialists and medical experts to demonstrate how an accident happened and the severity of your injuries.
Determining Damages and Compensation
Pedestrian accidents often result in catastrophic injuries that require long-term care. Our personal injury lawyers draw on five decades of experience to accurately value your claim. Factors that may affect how much your case is worth include:
- The severity of your injuries
- The impact the accident has had on your life
- Your ability to earn a living
- Whether you share any responsibility for your injury
- The at-fault party’s insurance policy limits
Types of Damages in Pedestrian Accident Cases
Our team can help you pursue damages such as:
- Past and future medical costs
- Past and future lost wages
- Home modifications
- Permanent disability or disfigurement
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Identifying Insurance Coverage
If you’re seriously hurt, it’s vital to identify and pursue all potential sources of compensation to ensure your medical and financial needs are completely covered. Ideally, a negligent party’s insurance would take care of all your damages, but often this isn’t the case.
For immediate needs, you may have to rely on health insurance or Personal Injury Protection (PIP) coverage if you have your own auto insurance policy. However, PIP coverage is limited and doesn’t include damages like pain and suffering.
If the at-fault party’s insurance doesn’t fully cover your damages, you may also be able to use uninsured/underinsured motorist (UM/UIM) coverage if you have it. Your attorney can look at your policy and determine what’s available.
Understanding Subrogation
It’s also important to understand that your health insurance company may seek reimbursement (subrogation) from any settlement or judgment you receive. Our pedestrian accident lawyers know how to manage complex insurance issues and help maximize your compensation.
Timeline and What to Expect
While every case is unique, our attorneys ensure you know what to expect at each stage. After we evaluate your case and determine whether you have a viable claim, our team will:
- Investigate — We immediately begin gathering medical records, speaking to witnesses, and securing evidence.
- Submit your claim and negotiate—Your pedestrian accident attorney formally presents your demand to the insurance company and begins negotiations.
- Fight for you in court—If an insurer refuses to offer a reasonable settlement, we’ll prepare your case for trial, begin the discovery process, and present your case in front of a jury.
- Resolution and payment—Once a settlement or verdict is reached, we manage the final distribution of funds to you.
What to Do After a Pedestrian Accident
If you can, taking the following steps after a pedestrian accident can protect your health and support a potential claim:
- Call 911—A police report documents the accident details and paramedics can evaluate and stabilize your medical condition.
- Seek medical attention—Go to the ER as soon as possible, even if you feel fine. Symptoms of serious injuries such as internal bleeding and traumatic brain injury may not be apparent right away.
- Gather evidence—Take photos of the accident scene, the vehicle that hit you, and your injuries. Make sure to get contact and insurance information from all involved parties and ask witnesses for their info as well.
- Preserve clothing and shoes—Avoid cleaning or throwing away the clothes and shoes you were wearing. They offer vital physical evidence that can back up your claim.
- Avoid talking to insurance adjusters—Do not give a statement, sign anything, or discuss the accident with anyone but your attorney. We’ll handle all communications with insurers.
- Contact a lawyer—Get in touch with our pedestrian accident lawyers as soon as possible.
Why Choose our Pedestrian Accident Attorneys?
At Chelli & Bush, Attorneys at Law, we believe that true advocacy requires not only deep legal knowledge but also profound empathy for the people we serve.
Our Commitment to You
- Decades of proven results—Our reputation for trustworthiness and tenacity is built on our history of success and is supported by strong client testimonials.
- Personalized, dedicated support—We tailor our legal strategy to your unique circumstances and handle all aspects of your case so you can focus on getting better.
- We care about your financial well-being— Our personal injury attorneys take cases on a contingency fee basis. You pay no attorneys’ fees unless we successfully recover compensation for you.
Our caring team is here to stand with you and fight for the justice you deserve.
Contact a Pedestrian Accident Attorney in Staten Island, NY
If you or a loved one has been injured in a pedestrian accident, don’t wait to seek legal help. Chelli & Bush, Attorneys at Law, provides the compassionate, tenacious advocacy you need. To schedule a consultation with a pedestrian accident lawyer near you in Staten Island, NY,
contact us or call 718-987-8444. We serve clients in Staten Island, Brooklyn, and the surrounding areas.
Frequently Asked Questions About Pedestrian Accidents in New York
How long will my pedestrian accident case take?
A personal injury case can take anywhere from a few months to several years from start to finish. It depends on the complexity of the case, whether you’ve suffered severe injuries, and the insurance company’s willingness to negotiate and offer a fair settlement.
Can I recover compensation if I was partially at fault for a pedestrian accident?
Yes. You can still recover damages, though compensation will be reduced by your percentage of fault.
Does my pedestrian accident claim cover my pain and suffering?
It depends on the circumstances, but most personal injury claims include pain and suffering damages. Our pedestrian accident attorneys pursue all damages that may be available, including pain and suffering.