Automobile Accidents and Injuries – Things you should know
Automobile Accidents and Injuries – Things you should know
From the legal staff at Irom Law
Copyright © 2005 Irom, Wittels, Freund, Berne & Serra, P.C. All Rights Reserved.
Did you know that an individual has to prove two main issues in any car accident claim, in the State of New York?
These two issues are called ‘liability’ and ‘damages’.
Liability refers to the determination of who was at fault; damages show the amount of the loss. The individual must prove that another party was negligent while driving his motor vehicle. Negligence may be defined as the ‘failure to use reasonable care’. One must demonstrate that the damages sustained are large enough to meet the statutory requirements.
Car Accidents and Injuries “Threshold for Damages”
According to the so-called “No Fault” law enacted by the New York legislature, one may only take legal action against another driver for negligence for personal injuries suffered in a car accident when he or she has sustained a ‘serious injury’. "Serious injury" has been defined by the New York State legislature as a personal injury resulting in any one of the following:
1. Death;
2. Dismemberment;
3. Disfigurement to a significant extent;
4. A bone 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. Limitation of use of a body function or system to a significant extent;
9. An injury or impairment of a non-permanent nature preventing the injured individual from performing, to a large extent, the material acts which comprise his/her usual activities, for ninety days or more during the one hundred eighty days immediately subsequent to the day of the injury or impairment.
Auto Accidents and Injuries “Determining Damages and Loss”
It can be difficult to determine whether or not someone has sustained a ‘serious injury’ under New York Law, because many of these terms have been left in such an ambiguous state by the legislature. The Courts have attempted to define all these terms through what is termed as ‘case law’.
A significant part of the analysis is focused upon the medical diagnosis. Attorneys generally request an affidavit from a doctor or present the medical records in order to show that one has sustained a ‘serious injury’. In the absence of a broken bone, however, the determination usually requires a complicated legal argument. An attorney can help to determine whether a claim is worth pursuing.
Basic Economic Loss
Legal action cannot be taken against another driver for personal injuries suffered as the result of a car accident for ‘basic economic loss’. According to the New York legislature, ‘basic economic loss’ may be defined as damages sustained in terms of an amount less than US $50,000 per person, per accident.
The following expenses may be used to determine whether ‘basic economic loss’ has been sustained or expenses in an amount less than US$50,000:
1. All necessary expenses incurred for: (i) medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; (ii) psychiatric, physical and occupational therapy and rehabilitation; (iii) any non-medical remedial care and treatment in accordance with a religious method of healing recognized by the law; and (iv) any other professional health services; all without limitation regarding time, provided that within one year after the date of the accident causing the injury, it is possible to determine that further expenses may be incurred as a result of the injury.
2. Loss of earnings from work which the individual would have done had he not been injured, and reasonable and necessary expenses for obtaining services in the place of those that he would have provided for income, up to two thousand dollars per month for three years or less, from the date of the accident.
3. An employee who is to receive monetary payments, in accordance with statute or contract with the employer, or receives voluntary monetary benefits from the employer, on account of the employee’s inability to work because of personal injury sustained in an automobile accident, is not to receive first party benefits for ‘loss of earnings from work’ so far as such monetary payments or benefits from the employer do not result in a reduction in income or a reduction in the employee’s level of future benefits on account of a subsequent illness or injury.
4. Any other reasonable and necessary expenses, up to twenty-five dollars a day for one year or less, from the date of the accident.
Therefore, one might still have a case if it can be proved that the expenses as defined above are greater than the amount of US $50,000.
If one has not suffered any of the clearly defined injuries (i.e., death; dismemberment; significant disfigurement; a fracture; or loss of a fetus), one should consult an attorney who should be able to determine whether the injuries may fall within any of the other categories of ‘serious injury’. If one has not sustained a ‘serious injury’ in any of these categories, there might still be a case if one could prove expenses or the potential for expenses to be greater than US$50,000.
Vehicle Accidents and Injuries “Causes that can hinder or prevent a case”
One may not be entitled to pursue any action in case of any of the following:
1. Intentionally causing injury to oneself;
2. Driving in an intoxicated condition or while one’s ability to drive is impaired by the use of a drug as defined under section eleven hundred ninety-two of the vehicle and traffic law;
3. Having sustained an injury while: (i) committing a felony, or trying to avoid arrest by a law enforcement officer, or (ii) participating in a race or speed test, or (iii) driving a motor vehicle known to be stolen, or (iv) driving a motor vehicle owned by such injured person with respect to which the coverage required by subsection (a) hereof is not in effect, or (v) a pedestrian, through being struck by any motor vehicle owned by such injured pedestrian with respect to which the coverage required by subsection (a) hereof is not in effect, or (vi) repairing, servicing or otherwise maintaining a motor vehicle if such conduct is within the course of a business of repairing, servicing or otherwise maintaining a motor vehicle and the injury occurs on the business premises.
Motor Vehicle Accidents and Injuries “Getting Legal Help”
Over the past 40 years, the Personal Injury firm, IromLaw, has grown to be one of the most respected personal injury law firms in the New York area. With offices in the Bronx and on Wall Street, they are confident in their fight for clients interests because they have a legal staff exclusively dedicated to personal injury sufferers and all the resources necessary to win. As a result, IromLaw has repeatedly obtained multi-million dollar verdicts and settlements on behalf of individuals who have suffered personal injury or wrongful death as a result of medical malpractice, negligence, or misconduct.
In addition to handling cases of birth trauma resulting in cerebral palsy, erbs palsy, mental retardation, seizure disorders, learning disabilities, developmental delays or behavioral disorders, the firm also handles cases involving bodily injuries, head injuries and brain injuries resulting from:
· Police misconduct, such as false arrest, false imprisonment or police brutality;
· Automobile accidents;
· Slip and falls, such as on ice, wax, or water;
· Trip and falls, such as on a broken sidewalk;
· Defective products;
· Construction site accidents;
· Failure by a landlord to provide proper security or a safe premise
If you or a loved one has been injured, Irom, Wittels, Freund, Berne & Serra, P.C. will ensure that your rights are protected and that you are compensated for your injuries.
To learn more about your personal injury rights and how you can get help, even if you don’t live in New York City, Manhattan, the Bronx, Brooklyn, Queens or Staten Island, read our injury specific articles at http://www.helpwithpersonalinjurylaw.com/, bookmark our main website at http://www.iwfbsnewyork.com/ and track our informational weblog (“blog”) http://help-with-personal-injury-law.blogspot.com/ where you may also leave comments about this article.
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IromLaw makes personal injury law understandable for people who go to them for help. And, you never have to worry about the cost to get favorable results. Legal fees are covered by the amount awarded in your behalf. Effectively, you pay nothing for dedicated personal injury litigation services when you use IromLaw. For more contact information visit : http://www.IromLaw.com