FEATURED CASEs

A young theatre intern, 22, was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was suddenly struck by the rear gate of a passing flatbed truck which had flown open because it had been improperly secured by the driver. Initially, the plaintiff was treated and released by the hospital where she was treated for minor dental injuries and a concussion. However as the weeks passed, she felt funny and spaced out frequently. After several attempts she finally found a neurologist who diagnosed traumatic epilepsy which was directly caused by the accident.

At trial, Paul Dansker was able, with the assistance of exceptional experts, to prove that not only was the epilepsy caused by the accident but it was permanent and progressive, meaning getting worse, and was not able to be effectively treated for any length of time by existing medications.

NOTE: It was an exceptionally good result given the fact that the plaintiff at the time of trial showed no signs of obvious injury or impairment and looked completely recovered.

Plaintiff, a 19-year-old college student, was a rear seat passenger in a vehicle that struck a barrier when the driver lost control in Washington Heights. As a result of the accident, she sustained a fracture of her pelvis and bulging lumbar discs for which her orthopedist said would require future surgery.

Motor vehicle Accidents

Dansker & Aspromonte Associates are Motor Vehicle Accident Lawyers with Results Exceeding $100 Million in Damages.

The attorneys at Dansker & Aspromonte Associates have litigated thousands of motor vehicle cases over 31 years of practice.

There are three distinct parts to a motor vehicle 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 $2000 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 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%, it is possible that each driver could share some percentage of liability, including the plaintiff who is suing. Even if a plaintiff is negligent they are not barred unless they were 100% 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 out of the first 180 days after the accident.

Please call us 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.

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