What is New York Injury Threshold?
You may be entitled to compensation if you or someone you love suffered a bodily injury because of another person’s recklessness, malice, or negligence. Based on this, your personal injury claim will be considered valid only if you have actually sustained an injury that is considered “serious” enough to meet the minimum injury threshold set out by law. New York Insurance Law §5102(d) describes the types of injuries following a motor vehicle accident that qualify for New York’s serious injury threshold.
What is The Personal Injury Lawsuit Process in New York?
Every personal injury lawsuit filed in New York courts is unique, but the lawsuit process generally involves similar steps from commencement to resolution. It’s vital to know the various aspects related to filing a personal injury lawsuit in New York. You can be better prepared for your initial consultation with a personal injury attorney once you know the basics of the claim process you will have to follow.
How New York Personal Injury Laws Affect Your Claim?
When you get injured due to another’s fault, you may have a claim for personal injury. In New York, this usually involves seeking compensation under the doctrine of negligence. A wide variety of cases fall under personal injury, including motor vehicle accidents, construction accidents, and premises liability claims. The statutes governing these cases are outlined in New York’s legal code.
These statutes affect personal injury claims by imposing deadlines for filing claims, requiring you to prove your injuries meet or exceed the serious injury threshold to file a claim, limiting who can file a wrongful death claim and the damages they can receive, and whether or not you from filing a lawsuit against government agencies.
Investigating a personal injury claim is a huge undertaking that requires experience, determination, and expert knowledge of the many statutes governing these claims. The first step to getting on with your life is contacting someone specializing in this area. Our attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have decades of experience and a proven record of success in handling complex claims. Call us at 212-344-1000 or fill out our online contact form to schedule a free consultation.
What is Comparative Negligence in New York Personal Injury Cases?
If you have been injured in a New York City auto accident and you believe that another party was at fault, you may file a claim against that party to recover damages. However, the defendant may argue that your behavior contributed to the accident. If this happens, the court will consider your level of responsibility in causing the accident.
Things Your Insurance Company in New York Doesn’t Want You to Know
Following your car accident and personal injury, you cannot expect the insurance companies to protect your rights and financial interests. You should be careful when you are filing a claim following an accident and injury in New York City. Insurance companies, at the end of the day, are businesses with a profit line to consider. Here are a few things that insurance companies sometimes indulge in that may work against your interests as an injured victim. Clearly the insurer will never want you to know about these facts as discussed below.
How Insurers Deny Your Personal Injury Claim in NYC
Many people simply give up when their personal injury claim is denied by the insurance adjuster. However, you should remember that just because your claim is denied, doesn’t mean that you have a weak case for compensation. The primary reason why insurance companies deny accident claims is to increase their profit margins. It’s critical to note that the insurance company may be acting in bad faith and may not have your best interests at heart. Make sure you speak with a reliable New York City personal injury attorney before accepting a low settlement offer. At the same time, it is best to avoid making any recorded statements to your insurer without a trusted lawyer’s advice.
Whiplash Injury Claim in New York: A Short Guide
Whiplash is a common form of injury in car accidents that leads to severe pain. But unless the problem is identified specifically as whiplash and treated as such, it is likely to cause long-term damage to the injured person’s health. Proving that you have suffered a whiplash injury is not very easy and this makes many New York City car accident victims feel apprehensive about their chances of receiving compensation. However, with the help of a dedicated whiplash attorney in New York, accident victims can recover damages to help them cope with the lingering effects of their injury.
What Are The Stages in a New York Personal Injury Case?
For most persons injured in a New York accident, the legal process of claiming compensation can seem quite overwhelming. The wording of the laws and the entire structure of the system to seek justice is such that navigating it without an expert personal injury lawyer on your side can be a huge challenge.
How Does Personal Injury Settlement Work in New York?
Most legal claims that arise from injuries caused by accidents in New York never get to the stage of a trial in a civil court. This is because the parties involved in the litigation decide to resolve their conflict by negotiating a settlement. Typically, in such settlements, the person who files the lawsuit, called the plaintiff, accepts an agreed-upon monetary compensation from either the defendant, or an insurance provider. In exchange, the plaintiff has to surrender their right to undertake any legal action in connection with the concerned injury or accident.
How to Care For a Loved One With Traumatic Brain Injury in NY?
Of all the injuries that a person may suffer in a New York City car accident, traumatic brain injury ranks as probably the most devastating. This type of injury is commonly caused by a fall, or due to high-speed impact such as in contact sports or in a car or truck or bus accident.
