In an automobile accident case, you need a lawyer on your side to help determine your next steps. While some people think they can handle a car accident on their own, the attorneys at Shaevitz & Shaevitz believe they shouldn’t have to! Since the May 2026 change in how New York State handles car accident cases, we encourage any victim to reach out to an experienced lawyer. Not only will we help build your case and represent your interests, but we’ll also assess your potential percentage of fault and determine what your case may be worth.
How An Automobile Accident Lawyer Assesses Fault
Before the new 2026-2027 state budget was signed, New York State operated under a pure comparative negligence system. This meant that anyone in a car accident in New York State was still eligible to pursue non-economic damages if they met the serious injury threshold, even if they were mostly at fault for the accident.
Now, since May 26th, any car accident lawsuit filed in New York operates under a modified comparative negligence system. If you’re more than 50% at fault for your accident, you’ll not be able to pursue non-economic damages, even if you pass the serious injury threshold.
That is why determining fault is an incredibly important part of building your case! Once we understand your likely percentage of fault, we will determine the compensation you’re eligible for.
After a car accident, the insurance company will review your case and determine what your percentage of fault is. However, these insurance agents may be trying to save money, rather than pay you what you deserve. If they incorrectly estimate your percentage of fault, you can appeal the decision and supply your own evidence.
As your automobile accident lawyer, Shaevitz & Shaevitz will take on the insurance company for you. We will gather evidence and negotiate with the insurance company to help you get the compensation you deserve. If the insurance company still refuses to assess your fault fairly, we are ready and willing to take your case to court.
In a court case, a judge or jury will assess all of the evidence provided by both our lawyers and the insurance company. Then, they will determine your percentage of fault. While most cases settle outside of court, Shaevitz & Shaevitz has a long history of winning verdicts for patients like you.
What Your Non-Economic Damages May Include
In New York State, all eligible drivers receive no-fault benefits after a crash from their Personal Injury Protection (PIP) insurance. These benefits cover economic damages such as medical bills, lost wages, and therapy costs. However, you’ll need to file your no-fault claim within 30 days of the accident. Fortunately, Shaevitz & Shaevitz can help you do so.
For compensation beyond economic damages, we will need to assess your percentage of fault and whether you exceed the serious injury threshold. Using evidence such as police reports, witness and expert testimony, and pictures from the scene, we help demonstrate the other party’s fault.
Then, if you’re 50% at fault or less, we’ll determine whether your injuries meet the serious injury threshold. This threshold includes a list of severe injuries like death, dismemberment, or permanent loss of an organ, function, or system. If your injuries meet the threshold, you’re then eligible to recover non-economic damages!
These include effects like:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- And more
As your automobile accident lawyer, Shaevitz & Shaevitz is able to assess whether you’re eligible for further compensation and help you build your case.
Call an Automobile Accident Lawyer in Queens, NY
After a car crash, reach out to an accident lawyer. At Shaevitz & Shaevitz, we will help determine your percentage of fault, represent your interests, and protect your compensation from the insurance company. Don’t handle your case on your own. Book a free consultation with us in Queens, NY, to learn what your injuries may be worth!
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