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We try cases; we do not just settle.
Nassau County and Suffolk County have the highest percentages of New York auto accidents.
According to the New York State Department of Motor Vehicles, there were more than 300,000 auto accidents in the state of New York in 2010, Over 1,000 involved fatalities. Nassau County and Suffolk County had the highest percentage of New York auto accidents. More New York accidents occur on Friday than any other day of the week.
When you consider that 180,000 persons were injured in New York auto accidents, the statistics for New York personal injuries can be alarming. New York automobile accident claims are so common; there are more of them than all other types of personal injury claims put together.
Unfortunately, there are many misconceptions about New York's auto injury laws and personal injury laws. Although New York enacted a No Fault statute in an attempt to control the amount of automobile crash lawsuits, there are still many ambiguous issues to New York's personal injury laws. This lack of clarity makes hiring a New York personal injury lawyer essential.
New York personal injury laws can be ambiguous.
Predicate to filing an auto accident claim in New York, two main issues must be considered: liability and damages. Liability is simply who was at fault, whereas damages involve the amount of loss. The injured person must show that another party was negligent in the operation of their motor vehicle. Negligence is generally defined as a "failure to use reasonable care".
New York has a threshold for damages incurred from an automobile accident. According to that statute, Article 51 of the Insurance Law says auto accident victims have to show they have a "serious injury" before they can get any money for pain and suffering. In New York, a "serious injury" means a personal injury which results in one of the following:
1. Death
2. Dismemberment
3. Significant dismemberment
4. A fracture
5. Loss of a fetus
6. Permanent loss of use of a body organ, member, function or system|
7. Permanent consequential limitation of use of a body organ or member
8. Significant limitation of use of a body function or system
9. A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person`s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
Some of these conditions for "serious injury" are airtight, but others are vague. For example, what is a "significant disfigurement?" Is this a scar or burn? If you break the cartilage in your nose is that considered a fracture? The standard for what is a serious injury by New York auto accident law is fairly complicated. There are several categories of serious injury in New York personal injury cases. That is why when injured in a car accident in New York, you should consult with this office: experienced in handling automobile accident claims.
Who may be liable?
You cannot assume that the driver who rear ended you is liable. For instance, if you were hit by a bus driver, is the manufacturer of the bus liable? Were there some defects or safety violations? Did inadequate road conditions come into play?
Unfortunately, when you are involved in a New York automobile accident and have sustained an injury, it can be a very traumatic time physically, emotionally and economically. Chances are you may be in a fragile state and lack the expertise you need regarding New York auto accident laws. As simple as it sounds, New York personal injury lawyers handle auto accident cases all the time, and they know how to cut to the heart of the matter
This office will get the depositions well in advance, interview witnesses, take accident site photos, obtain the police reports and secure what is known in New York as MV104s. The accident report, which contains the initial statements of both the injured parties and drivers, immediately after the accident.
This office tries cases: 95% of personal injury accident cases never make it to court which is another reason to get a good personal injury attorney. He/she will make sure that you do not settle for an amount that is less than what you rightfully deserve. Intimately familiar with New York personal injury laws, your New York auto accident attorney will know if your case is worth pursuing or not and will have the legal skills to negotiate with insurance companies or the other party involved.
A New York personal injury attorney can be objective if a settlement in a New York court is being discussed. Remember, the other party wants you to get as low a settlement as possible. Since most personal injury attorney's fees come from the amount of the settlement, they will make sure you get the highest amount possible. Also, they will make sure you get your New York auto injury settlement as soon as possible without having to wait months or even years.
We get paid only if you get paid
The question is not: Can I afford a personal injury attorney to get just compensation for medical damages, lost wages and pain and suffering? The question is: Can I afford NOT to have a well qualified, lawyer?
There are time limitations to file certain documents or you lose your benefits.
It is true that if you have been involved in a New York car accident that you have three years to bring a lawsuit to recover damages. However, this is NOT true if the vehicle that hit you is government owned. In this case, you have to comply with "Notice of Claim" requirements which mean filing a document within 90 days with the appropriate government agency.
If you have been involved in a Nassau County or Suffolk County auto accident, you should file a claim immediately with the "at fault" party's insurance. But what if you were taken by ambulance to the hospital and weren't able to get their insurance information? This is where a personal injury lawyer is essential. This office can file all the necessary claims and supporting documentation with insurance carriers, including all no fault applications; hire an investigator to interview the driver or check the Department of Motor Vehicle records and obtain the police report that should contain the insurance information.
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