New York Car Accident Lawyer

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New York Car Accident Lawyer - In New York, one has to prove two major problems in the claim of a car accident. Most prosecutors and insurance guarantor call both "responsibility" and "damage" issues. Obligations, or who is wrong; And the damage or the amount of loss; These are the two most important factors in evaluating potential auto cases. Persons injured in accidents must demonstrate that the other party has been negligent in the operation of their motor vehicle. Such omissions are generally interpreted as "failure to use reasonable care". In New York you should point out that the damage you are sufficiently sufficient to meet the statutory requirements outlined below.

New York Threshold for Damage

The New York legislature enacted the No Fault Act in an attempt to control the number of car crash demands. According to the law, you may only sue other drivers for negligence due to personal injury suffered in a car accident when your fee exceeds $ 50,000 or if you suffer serious injuries. The State of New York, through the Legislature, defines "serious injury" as personal injury that results one of the following:

1. Death;
2. Dismemberment;
3. Significant defects;
4. Fraktur, Broken Bones;
5. Loss of the fetus, unborn child
6. Permanent loss of organs, members, functions or systems;
7. Permanent limitations on the use of organs or members;
8. Limitations of the use of body functions or systems;
9. Or a medically determined injury or disorder of a non-permanent nature that prevents an injured person from taking all substantial material actions which are ordinary and ordinary daily activities of not less than ninety days for one hundred and eighty days immediately following the occurrence of injury or damage.

As you can see from the terminology used in the statute while items one (1) through (5) are easily defined, items six (6) through (9) are highly ambiguous. Typically, most of the litigation cases in the New York Automobile responsibilities range what is called a "threshold" case. In other words, lawyers and insurance companies will evaluate your case depending on whether you have met the "threshold" requirements of the "serious injury" as defined by New York law.

Am I experiencing "serious injury" according to NY Law or not?

The answers to these and other questions are even more complicated than they seem. Since the legislature has abandoned all these requirements in an ambiguous state, the Court has sought to define all these requirements through what is referred to as "case law" or judicial decisions. In other words, your lawyer might be able to find a case that shows that because you missed work for more than eighty days, you experienced "serious injury"; Or a case that shows that when you crack or sprain on your shoulder and be diagnosed with a permanent loss in the range of motion, your injury meets the "threshold".

Most of the analysis focuses on your medical diagnosis. A lawyer usually asks for a statement from a doctor or presents your medical record to prove that you are suffering from "serious injury". Your case, however, will require complicated legal arguments. In such cases, you must always submit to an attorney to determine whether your claim is worth pursuing.

"Fundamental Economic Losses" According to New York Law

You can not sue different drivers for personal injuries suffered as a result of car accidents because of the so-called "basic economic losses". The New York legislature defines the term "basic economic loss" for damages suffered in the amount of less than $ 50,000 per person, per accident.

The following fees can be used to determine whether you have a "basic economic loss" or an expense in the amount of less than $ 50,000:

1. All costs required to:

• medical care, hospital, surgery, nursing, dental care, ambulance, x-ray, prescription drugs and counterfeit drugs;
• psychiatric, physical and occupational therapy and rehabilitation;
• non-medical remedial care and treatment provided in accordance with the method of religious healing recognized by the laws of this country; and
• other professional health services; All without time limit, provided that within one year after the date of the accident causing the injury, it is certain that further costs may be incurred as a result of the injury.

2. Loss of income from the work that the person will do in case he is unharmed, and the reasonable and necessary expenses incurred by that person to obtain services in lieu of the work he must do for income, up to two thousand dollars per month For nothing more than Three years from the date of the accident causing the injury.

3. Employees entitled to receive monetary payments, in accordance with the law or contract with the employer, or those receiving voluntary compensation paid by the employer, due to the inability of employees to work due to personal injury arising from the use or operation of a motor vehicle, are not eligible to receive The first-party allowance for "lost income from employment" insofar as such a payment or a monetary benefit from the employer does not result in an employee suffering from a reduction in income or Reduced levels of future employee benefits arising from subsequent illness or injury.

4. All other reasonable and necessary costs, up to twenty-five dollars per day not exceeding one year from the date of the accident causing the injury.

So you may still have a case if you can show that the cost as defined above exceeds the $ 50,000 amount.

NY Law: Summary
In short, after an accident, you can review one of the clearly defined subsections above to determine whether you are experiencing a "serious injury". If you or your family member does not suffer from any of the clearly defined injuries (eg death, subtraction, significant damage, fracture, or loss of fetus), an experienced lawyer can determine whether you are included in the "injury" category Serious "other above. If you have not experienced a "serious injury" in this category, you may still have cases if you can indicate a cost or potential cost in excess of $ 50,000.

Finally, you should be informed that you may not be entitled to take any action if you are subject to the following:

1. Deliberately causing your own injury;

2. Operating a motor vehicle while in a drunken condition or when the ability to operate such a vehicle is disrupted by the use of drugs in the sense that part of eleven hundred and ninety-two vehicles and traffic law;

3. Temporarily injured:

• commit acts that constitute serious crimes, or attempt to avoid the lawful arrest or arrest by law enforcement officials, or
• operating a motor vehicle in a race or speed test, or
• operate or occupy a motor vehicle known to be stolen, or
• operate or occupy the motor vehicle owned by the injured person in respect of the scope required by paragraph (a) this is not applicable, or
• of a pedestrian, by motor vehicle owned by the injured pedestrian in respect of the scope required by paragraph (a) this is not applicable, or
• repair, maintain or maintain a motor vehicle if such action is taken in order to attempt to repair, maintain or maintain vehicles and injuries occurring at the place of business.

The state of New York is very strict to enforce this law. Thus, you may not have a case if the above circumstances apply to you.

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