Auto Accidents

In New York, most auto accidents are governed by the state's mandatory no-fault law. Motorcycle accidents are the exception. Under the no-fault law, your claim for damages is divided into two components: a claim for basic economic loss and a claim for pain and suffering. Basic economic losses, such as medical bills and lost wages, are paid without a determination of fault. However, you may recover for pain and suffering resulting from an accident only if you can show that the injury was caused by someone else's negligence and that you suffered a serious injury.

The law allows recovery of damages in most situations, including injuries sustained as a driver, passenger or pedestrian. Persons injured in bus accidents may also recover under the no-fault law. Special provisions apply if the injury occurred during the course of employment.

The New York no-fault law sets specific limits on recovery for basic economic loss. The law also requires timely filing of claims. NY Injury Justice understands the intricacies of the law and will guide you through the process, making certain that your rights are protected and that you receive full and fair compensation for all your losses.

Not all auto accident cases handled by NY Injury Justice involve catastrophic injuries or death. I also represent many people with lesser, but still significant, injuries sustained in vehicular accidents. Not only does major injury and death require the excellent legal representation NY Injury Justice has to offer, but cases involving routine injuries also present their own, special challenges.

 

The civil justice system contains many safeguards and rules that prevent the recovery of money by people with very minor injuries. In the State of New York, one of the most important protections, applicable to vehicular accidents, is contained in the Insurance Law and is commonly called the "Threshold" statute.

For a claimant to have the right to be compensated for his or her bodily injuries, the claimant's attorney has to prove not only that the other driver is at fault for the collision, but that the claimant sustained a "serious injury" as defined by the "Threshold" statute. "Serious injury" includes the following:

• Death
• Dismemberment
• Significant disfigurement
• Bone fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• Any medically determined injury that causes the victim to be incapacitated for 90 of the 180 days following the accident

NY Injury Justice will help you determine if you meet the requirements of the New York Threshold Statute. Due to the many time restraints related to New York accident claims, it is imperative that you contact an experienced auto accident attorney.

 

NY Injury Justice's attoneys have extensive experience helping New York auto accident victims recover damages for pain and suffering under the New York no-fault laws. He knows how to prove negligence as well as demonstrate that your injuries meet the requirements of the no-fault law.

 

If you have been in an accident due to the negligence of others, contact NY Injury Justice at 1 (866) 99 TRUST .