The attorneys at Dansker & Aspromonte have litigated thousands of motor vehicle collision cases over 32 years of practice. If you or a loved one has been injured in a motor vehicle accident in New York, our attorneys are here to help you pursue maximum compensation for your losses.
We handle a wide range of motor vehicle accident injury claims, including those involving:
OUR SUCCESS RATE AT TRIAL EXCEEDS 95 PERCENT!
Contact us today online or by telephone at 800-510-9695 to speak with an experienced New York City motor vehicle accident lawyer.
The Elements of a Motor Vehicle Accident Claim
There are three distinct parts to a motor vehicle collision case.
The first part is the no-fault portion. The law of New York state dictates that in the event of an accident, the driver and passengers of each vehicle look to the insurance company of the vehicle that they were in, to pay for all reasonable and necessary medical expenses arising out of the accident as well as lost earnings up to $2,000 per month and up to $25 daily for other reasonable and necessary expenses. This applies to all cars, trucks, SUVs and vans. Motorcycles are exempt. In this way, the injured person doesn't have to wait for his or her medical bills to be paid at the end of the lawsuit.
The no-fault claim must be usually filed within 30 days after an accident, and all hospitals and doctors must file their bills in a timely manner in order to get paid. We assist with the filing of these claims.
The second part is liability. Who caused the accident? In New York, fault is apportioned, meaning out of 100 percent, it is possible that each driver could share some percentage of liability, including the plaintiff who is suing. Even if a plaintiff is negligent, he or she is not barred unless he or she was 100 percent negligent. We are frequently able to prove our clients are free from fault.
The third part is damages. In New York state we have what is known as a serious injury threshold. This means that one cannot legally bring a lawsuit for personal injuries unless those injuries are deemed "serious" under the law. This is an area of constant contention in court. Certainly, where there is death, dismemberment or disfigurement, the injuries would automatically be considered serious. The same holds true for a fracture of any bone.
However, for a whole host of other injuries that are not in the first group, a plaintiff must show that the alleged injury is permanent, significantly limiting or has caused that person to be disabled for 90 days of the first 180 days after the accident.
Please call our New York vehicle accident law firm for a professional evaluation of your case. See some of our successes in this practice area in the box to the right. We will be happy to analyze your specific fact pattern and discuss the law as it applies to you.
Manhattan Auto Accident Lawyers
Serving Brooklyn, Bronx, Queens, Staten Island and the NYC Metro Area
If you or someone close to you has been injured due to the negligence or carelessness of another, our personal injury lawyers are here to help. Contact us today online or by telephone at 800-510-9695 to speak with a knowledgeable New York City motor vehicle accident lawyer.
