If you have been injured in an accident, you are undoubtedly dealing with a lot of pain and a large pile of bills. You may think a lawsuit is futile because New York is a no-fault state. However, if your injuries are severe enough, the attorneys at Rosenberg, Minc, Falkoff & Wolff may be able to help you recover your expenses.
There are two basic kinds of auto insurance laws in the United States: fault and no-fault. In a fault state, the at-fault driver assumes the costs of damages to automobiles involved in an accident and the medical expenses of anyone injured in that accident. In a no-fault state, each driver’s insurance company is usually responsible for paying the bills from an accident no matter who is at fault. New York is one of the 13 states in the country that is a no-fault state. The state adopted these laws in the mid-seventies as a means of making insurance payouts prompt and efficient.
Drivers in New York State are required to carry liability insurance of $50,000 for personal injury and death and $10,000 worth of damages to a car. You must report an accident within ten days of it happening, and you must fill out your insurance claim form within thirty days of the accidents occurrence.
Although it may not be deserved, New York City and its boroughs have a reputation for having dishonest attorneys and a lot of insurance scams. In 1977 the state amended the no-fault law with Article 51. This article implemented a fee schedules designed to combat doctors inflating prices in personal injury cases. Personal injury payouts are limited to $50,000, unless the insured party purchased more benefits than those required by law.
But what if your injuries cost more than the amount of money an insurance company is required to pay out? There are some cases in which you can sue an at fault driver for medical costs and personal damages. New York’s personal injury laws are complicated and NYC insurance firms arm themselves with teams of attorneys that our trained at the finest law schools. You will need a good personal injury lawyer in Queens to fight for the money you are owed.
No fault insurance states have limited tort exceptions in which a person can only sue for damages if the medical bills, property damage and pain and suffering are excessive. An injured party has three years to file a lawsuit for personal or property damage. If you are suing for the wrongful death of a loved one, you will have only two years to file a suit.
Certain requirements must be met in order to file suit against an at fault driver in a no-fault state. In the state of New York, you can sue if damages from an accident include: death dismemberment, permanent scarring or disfigurement and displaced fractures. You may also be able to sue if you were a pedestrian or a bicyclist injured in an accident.
Insurance companies want to keep their money. Their attorneys will look for every loophole in the language of your policy to pay you less than you deserve. If you claim that you have a displaced fracture and cannot move the way you were able to before an accident, they will employ a private investigator try to catch you making one false move.
Whether you are filing an insurance claim or a lawsuit, you must document all the expenses related to your case. Be sure to get a copy of the accident report, and make sure that the dates and the times on the report are correct. If the officer who filled out your report took pictures, you are entitled to a copy of the pictures. A good accident report will have the names of witnesses and statements from each driver. Although it may not be admissible as evidence, it will help your attorney organize your case.
Be sure to save every medical bill related to your case, including receipts for both prescription and non-prescription medication. You should also get documentation of any time you have missed from work from your company’s HR specialist.
There are several different types of personal injury cases that do not have the restrictions on them that car accidents do. If you have been injured at a business as either a customer or employee in a slip and fall accident, you may want to consider suing them if the accident was caused by their negligence. If a doctor has caused you pain and suffering by prescribing the wrong medication or negligence during surgery, you may sue them for malpractice. If a large group of people have been injured by a company’s negligence, you can get together and file a class action suit.
If you believe you have been injured in an accident and deserve compensation, it is always worth it to have a free consultation with an attorney. Justice can be served if you find the right lawyer to fight for you.