Melville NY Accident Lawyers — Cellino Law (2023)

Between 2017 and 201827,226 peopleI went to the emergency room for an accidental injury. Accidents happen, but when accidents result in serious injury, they are more than just an inconvenience. The results can be devastating and life-changing, causing financial, physical and emotional hardship. If you were killed in an accident due to someone else's negligence, you deserve fair compensation.

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You cannot rely on insurance companies to provide satisfactory solutions. Insurance companies are businesses that exist to make a profit. It serves shareholders, not customers. You may need to use legal options to recover damages, such as the Cellino LawAccident Lawyers in Melville, New York, to help you navigate the system.

Resolving legal claims with the help of an accident lawyer

For accident victims, filing a lawsuit is often a daunting process. It does not have to be. When you hire a trusted attorney with experience and knowledge of your type of case, you can delegate your troublesome legal tasks to an attorney while you deal with the challenges of recovery and getting your life back on track. The accident attorneys at Cellino Law will fight for your right to fair compensation from the first meeting to the resolution of your case.

conduct a case assessment

The first step in the process is case evaluation. A lawyer should always review the facts of your case and make an honest assessment of its strengths and weaknesses. You need to understand the challenges you may face in litigation. Your accident attorney should also walk you through all the options and advise you on the best course of action for your situation.

communicate with each other

Talking to insurance companies and lawyers is usually not something that accident victims look forward to or have time for. When you don't know how to communicate with another person, you can make statements that are not in your best interest. Unfortunately, it's not that difficult to say the wrong thing, and insurance representatives and legal counsel are skilled at coaxing words from victims that they can use against them. Your attorney should handle all communications with the other party.

gather evidence

Legally, it is always up to the prosecutor to establish guilt. You need evidence to support your claim from as many sources as possible. The attorneys at Cellino Law work tirelessly to gather evidence of liability, including the following:

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  • witness statement
  • Photos and video from the scene of the accident
  • Statements of relevant experts
  • Medical assessment and reporting
  • Police and investigator reports

Your lawyer can also help you gather the documents needed to calculate economic damages.

Calculate the loss

Adding up hospital and medical bills is only one component of calculating total damages. Potential damage also includes:

  • Future medical and rehabilitation expenses
  • transportation fee
  • Billings and future lost wages
  • loss of earning power
  • tuition fee
  • pain and suffering

Your accident attorney knows how to calculate economic and non-economic damages, including estimated costs.

Negotiate with the Ministry of Defense

When you file an accident claim, there are usually negotiations before a trial date. The defense usually wants to avoid appearing in court, so they invest energy in bringing the issue to the fore. Your lawyer leads the negotiations, ensures the protection of your rights and works to achieve a fair settlement in your best interest.

appear in court on your behalf

When negotiations break down and the other party refuses to accept a fair settlement, your Melville, NY personal injury attorney will represent your interests in court. Although few personal injury cases ever go to trial, you need an attorney who is willing to defend you in court and has a successful record for other clients.

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Learn more about cases handled by accident attorneys

personal injury attorneyWorking with accident victims seeking legal claimsrecovery of losses.Not all lawyers deal with all types of cases. You want to make sure that the company you choose has experience handling your particular category of accident. The most common questions asked by personal injury attorneys are traffic, slip and fall, and workplace accidents.

Car accident

have9,135 traffic accidentsIn New York, between January and June 2022, 4,808 people were injured and 19 died.Car accidentCases are the most common type of claim handled by accident attorneys. Although New Yorkers are required to carry personal injury coverage, you can still sue if your medical and wage losses exceed your policy limits. You can also file a claim for non-economic damages, such as pain and suffering.

slip and fall accident

Estimated drops8,618,000 emergency department visitsIn 2017, the emergency department had the highest percentage of causes of injuries seen in emergency departments. if youslipYou may be able to recover damages on someone else's property if the owner's negligence caused the accident. Proving these cases is difficult, so you need an accident attorney with experience and success handling slip and fall claims.

accident at work

New York law requires most employers to carry workers' compensation insurance. Employees injured at work have the right to reportworker's compensation claim, but I cannot sue my employer. However, in some cases, a third party is responsible for the accident.

Construction is a typical example. Construction is a dangerous job,505 damagesNine people died in New York. 2021. A construction site often involves multiple suppliers and contractors, all of whom are responsible for maintaining a safe work environment. Melville, NY personal injury attorneys can help you determine if you are entitled to a legal claim for a work injury.

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understand the relevant laws

Civil claims for accidents fall under personal injury law. Several laws govern personal injury disputes, some of which relate to specific types of accidents. For example, Chapter 28,Article 51, deals with the legalities of auto insurance, including regulations on when you can file a lawsuit. However, there are two laws that apply to all personal injury cases.

comparative error

New York's comparative fault law can have a significant impact on the outcome of your case. More than one person, including the injured party, is often responsible for the accident. The state requires that the percentage of negligence be taken into account when determining the amount of damages you are entitled to.

Fortunately, this condition obeys the pure comparison error rules. Even if you are partially responsible for the accident, you may be able to recover damages. However, how much you get depends on your liability percentage. If you are 10% responsible, you will lose 10% of your damage. If you are 95% responsible, you will only receive 5% of the billed amount. An accident attorney can increase your chances of a more favorable outcome.

Out of date

this oneOut of dateThere are strict deadlines as to when you must file a legal claim. For most personal injury cases, you must file a claim within three years of the accident. If you do not file on time, you will lose your ability to file a lawsuit.

Work with an experienced accident attorney in Melville, NY

At Cellino Law, we have the knowledge and experience to handle a variety of personal injury cases. We also understand the importance of victims having the opportunity to recover their losses without further financial and emotional stress. Our firm operates on a contingency basis, so we do not get paid unless we win your case. Get the personal attention you us todaySchedule a free case review.

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How long after an accident can you sue for personal injury in NY? ›

Car Accidents - 3 years from date of accident. Medical Malpractice - 2 years and 6 months from date of malpractice or from end of continuous treatment rendered by the party or entity you intend to sue for a particular condition, illness or injury. Negligence - 3 years from date of accident.

How much do lawyers take from settlement in NY? ›

Here in New York the lawyer's fee in personal injury cases is almost always one-third (1/3) of the sum recovered or 33.33%*. NYC Injury Lawyers work on a contingency fee basis which means they take a percentage of the recovery.

Where did Ross Cellino go to law school? ›

Cellino received his bachelor's degree from State University College at Buffalo and his J.D. from University at Buffalo School of Law.

How old is Ross Cellino? ›

Cellino, 63, said he enjoys the challenge of running his own law firm.

How long does an insurance company have to settle a claim in New York? ›

Insurance companies in New York have 35 business days to settle a claim after it is filed. New York insurance companies also have specific time frames in which they must acknowledge the claim and then decide whether to accept it, before paying out the final settlement.

How long after an injury can you claim compensation? ›

Time Limits to File a Personal Injury Claim

Generally, you have three years from the date of accident to make a claim.

What is the most money awarded in a lawsuit? ›

1998 – The Tobacco Master Settlement Agreement - $206 Billion. The Tobacco Master Settlement Agreement was entered in November 1998 and is still the largest lawsuit settlement in history.

What's the most a lawyer can take from settlement? ›

Nationwide, the average percentage lawyers take from a settlement can range from 25% to 75%. Depending on a number of factors, these percentages change when comparing a car accident settlement, to a disability claim, or a medical malpractice case for example.

What is the usual result of a settlement? ›

The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.

Why did Cellino & Barnes break up? ›

It's now Cellino OR Barnes? The legal battle's origins begin in 2017, after lawyer Ross Cellino Jr. reportedly put together a lawsuit to split with partner Stephen Barnes. The rift was said to be caused by a disagreement over the future of the company.

What happened to Ross Cellino? ›

The conflict was eventually finalized in June 2020 – just before Barnes' 2020 death, and the two men started their own, separate firms: Cellino Law Accident Attorneys and the Barnes Firm Injury Attorneys. Per the settlement, they agreed to open separate firms and to share the famous “1-800-888-8888.”

Does Ross Cellino have a son? ›

Call 8!” jingle, its ubiquitous billboard campaign has undergone a major rebrand: personal injury attorney Timothy Cellino, the son of Ross Cellino, will now help advertise the family firm Cellino Law on billboards across the boroughs.

How much money did Cellino and Barnes make? ›

Cellino & Barnes peak revenue was $18.7M in 2022.

Who is Ross Cellino's wife? ›

Anna Marie Cellino, married to Ross Cellino for 35 years, retired in February 2016 as president of National Fuel Gas Distribution Corp., a post she held for eight years.

How many kids does Ross Cellino have? ›

Four of Cellino's six children are attorneys and recently joined the firm, which Cellino founded in 2020 after splitting with his long-time partner, the late Stephen Barnes.

Can you sue for whiplash in NY? ›

You can sue for compensation for your whiplash pain and medical bills. New York follows a no-fault rule when it comes to insurance for car accidents. Under the no-fault rule, injured drivers first turn to their own insurance coverage.

Do insurance companies always offer a settlement? ›

Unless the insurance representative has a solid reason not to pay the claim, you can almost always expect a settlement offer after filing a claim with an insurance company.

When an insurance company won't settle? ›

When an insurance company refuses to settle, it may be liable for the full amount of the excess judgment after trial, notwithstanding the lower policy limits. This duty of good faith aligns the insurance company's incentives with those of its insured.

Do you have entitlement to claim compensation or damages? ›

When a consumer suffers damage or loss because of a problem with a product or service, they are entitled to compensation. Compensation should put the consumer back in the financial position they were in before the problem happened. Businesses must not claim that a consumer has no right to this compensation.

Can you claim after 3 years? ›

Generally to prevent a personal injury claim from becoming statute barred under the Limitation Act 1980, court proceedings need to be issued within 3 years of the date of knowledge of the injuries. There are however exceptions to this so ensure that you contact a specialist solicitor as soon as possible.

How long do most workers comp settlements take? ›

How Long Does It Take to Reach a Settlement for Workers' Comp? The entire settlement process—from filing your claim to having the money in your hands—can take around 12-18 months depending on the details of your case and whether or not you have legal representation.

How much are most car accident settlements? ›

Average Car Accident Settlement Amounts Received in California. According to settlement data from across the United States, most reported cases generally settle for between $14,321 and $28,215. The average is around $21,000.

At what stage do most lawsuits settle? ›

Most Civil Cases Settle Prior To Trial
  • Cases Settle When the Client Agrees that the Offer is Reasonable. ...
  • A Lawyer Cannot Guarantee a Favorable Outcome in a Litigated Personal Injury Claim. ...
  • Lawyers Try their Level Best in a Trial, but a Client Should have Realistic Expectations of Recovery in a Personal Injury Claim.

What is the largest pain and suffering settlement? ›

$150 Billion For The Family of Robert Middleton

In 1998, eight-year-old Robert Middleton was sexually assaulted, doused in gasoline, and lit on fire by then 13-year-old Don Collins. Middleton received burns over 99 percent of his body. The story shocked the world, but the tragic tale was far from over.

What is a 3rd of $25000? ›

One-third of twenty-five thousand dollars is $8,333.33.

We can find our answer by dividing $25,000 by 3.

Do you pay taxes on lawsuit settlements? ›

Generally, settlement funds and damages received from a lawsuit are taxable income according to the IRS. Nonetheless, personal injury settlements – specifically those resulting from car accidents or slip and fall incidents – are typically exempt from taxes.

What percentage of cases are settled before trial? ›

Kiser, principal analyst at DecisionSet, states, “The vast majority of cases do settle — from 80 to 92 percent by some estimates.” Other sources even claim that this number is closer to 97 percent. However, not all cases are created equally.

How long does it take to get pain and suffering? ›

A personal injury lawyer familiar with civil claims and lawsuits can help you better understand how compensation works. The process of receiving your compensation for pain and suffering generally takes about six weeks, but the true timeline may vary.

What is an example of a pain and suffering settlement? ›

For example, if a person is involved in a car accident and suffers whiplash, a concussion, and a broken arm, their medical bills could total $5,000. Since the injuries are moderate, the insurance company might use a multiplier of 3 and offer a settlement of $15,000 for the pain and suffering component of the lawsuit.

What would my settlement figure be? ›

What is a settlement figure? Simply put, it's the amount of money you have to pay back to the finance company to completely pay off your agreement. An early settlement figure is the amount outstanding, minus a rebate of interest and charges if you want to pay off your car finance early.

Who caused Barnes accident? ›

The NTSB attributed the probable cause of the accident to the pilot's “failure to maintain control of the airplane for undetermined reasons during the descent to the destination airport.”

What happened to Barnes from Cellino and Barnes? ›

On October 2, 2020, Barnes, along with his niece Elizabeth, was killed in the crash of a TBM 700 single-engine private airplane in Pembroke, Genesee County, New York. He was 61 years old. Upon his death, Barnes' brother Rich Barnes took over as the head and face of The Barnes Firm.

Who started The Barnes Firm? ›

Founder Steve Barnes and the rest of the lawyers at The Barnes Firm have built a reputation around detailed preparation in every case and their trial skills.

Who is Rich Barnes's wife? ›

His daughter was the same way, said Richard Barnes, who is now married to Erie County Judge Suzanne Maxwell Barnes.

Why is the Barnes firm not allowed to practice in California? ›

Cellino & Barnes law firm no longer exists in California after 'numerous business disputes' between the two lawyers. The Cellino & Barnes law firm no longer exists in California. Ross M Cellino Jr filed a lawsuit wanting out of the partnership with Stephen E Barnes four months ago.

When did Steve Barnes plane crash? ›

The probe did not find any mechanical malfunction in the plane before the crash. Barnes and his niece, Elizabeth, were traveling to Buffalo from Manchester, N.H. when their single-engine plane crashed off Boyce Road in Pembroke, just outside the village of Corfu, Oct. 2, 2020.

How old was Barnes niece? ›

Elizabeth “Liz” Barnes, 32, was being flown by her 61-year-old uncle to attend her grandmother's 90th birthday when their small aircraft went down Friday morning near Pembroke, New York, the Buffalo News reported. “We're kind of shattered here today,” her father Richard J.

Is Rich Barnes related to Steve Barnes? ›

After the unexpected passing of Steve Barnes, his brother and distinguished attorney Rich Barnes was appointed President of The Barnes Firm.

Who is Ross jurewitz wife? ›

In his spare time, Mr. Jurewitz enjoys spending time with his wife, Lee, their daughter, Ryan, and their dogs in their North County home.

What is the statute of limitations on a car accident in NY? ›

The statute of limitations for a personal injury case arising from a car accident in New York is generally three years from the date of the accident, per New York Civil Practice Law & Rules § 214.

What is the statute of limitations for suing in New York State? ›

Statute of Limitations
CaseTime SinceThe Law
New York City & New York State90 days to give notice; 1 year and 90 daysCPLR 217-A
Other felonies5 yearsCrim. Proc. 30.10(2)(b)
Other negligence resulting in personal injury3 years from date of accidentCPLR 214(5)
Petty offense1 yearCrim. Proc. 30.10(2)(d)
32 more rows
Dec 5, 2022

What is the statute of limitations in NY? ›

Most felony offenses have a five year statute of limitations period. Misdemeanor offenses have a two year statute of limitation period, while petty offenses generally have a one year statute of limitations.

Is NY a no-fault state? ›

Because of New York's No-Fault law, lawsuits due to auto accidents can be brought only for economic losses that exceed No-Fault benefits and for non-economic damages (such as pain and suffering) only if a "serious injury" (as defined in the Insurance Law) is sustained.

Can you be sued for a car accident in NY? ›

New York is a no-fault state, which means that the only way that someone can sue you after a car accident is if the other party suffered serious injuries. According to the New York State law serious injuries include the following: Fractures. Significant disfigurement.

What happens when car accident claim exceeds insurance limits in NY? ›

If your damages are greater than the defendant's insurance policy limits, you may be entitled to a judgment for more than the policy limits. You could potentially recover the remaining judgment by garnishing the defendant's wages or putting a lien on their property.

What is the NY comparative negligence law for car accidents? ›

New York is a pure comparative negligence state. This means that regardless of the amount of fault attributed to a claimant, he or she can still recover a percentage of a financial award. This is true even if the plaintiff is 99 percent at fault for a car accident. The other 1 percent can still be recovered.

Is there any way around statute of limitations? ›

In general, there's no way around the statute of limitations. You have to officially file the suit in the courts within two years of your accident, or unfortunately, there's very little that even the best personal injury lawyer can do for you.

What is the statute of limitations to enforce a judgment in New York? ›

New York Judgment Statute of Limitations

The statute of limitations for collecting on a New York judgment is 20 years, which starts the day the judgment creditor is first able to collect on the judgment. This timeline can sometimes be restarted.

How long does NYS have to indict? ›

Often, it can take time for a felony to be indicted by the Grand Jury. Alternatively, the prosecutor can decide NOT to indict the case and reduce the charges to a misdemeanor (which will remove the case to a lower court). The Prosecutor has six months to indict a Defendant for a felony charge.

Can you get in trouble for something you did years ago? ›

Under California Penal Code 801 PC, felonies (or offenses punishable by imprisonment) have a statute of limitations of three years. Less severe charges involving misdemeanors have an SOL of one year (in general).

What is the three year statute of limitations in New York? ›

Three Years is the Standard Time Limit for New York Personal Injury Lawsuits. The New York personal injury statute of limitations is spelled out at New York Civil Practice Law & Rules section 214, which says that "an action to recover damages for a personal injury" must be "commenced" within three years.

What crime has the shortest statute of limitations? ›

Severe crimes, such as murder, typically have no maximum period. Under international law, crimes against humanity, war crimes, and genocide have no statute of limitations.

What are NYS policies on accidents? ›

If you are in a crash, you must stop. The level of damage does not matter. You must stop. It is a traffic violation to leave the scene of an incident, like a traffic crash that involves property damage.

Who pays for car damage in a No-Fault state New York? ›

New York is a “no-fault” insurance state, which means that insureds are generally reimbursed by their insurance company for damages regardless of who was responsible for causing the accident. Insureds can be reimbursed for medical costs and other losses that might surface after the accident.

What are the exclusions for No-Fault insurance in NY? ›

Exclusions From Receiving No-Fault Benefits

Those who are not covered according to New York's no-fault statute include: Motorcycle riders. Motorcycle passengers. Owners driving their own uninsured vehicle.


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