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The attorneys at Dansker & Aspromonte have litigated thousands of motor vehicle collision cases over the course of their 35 years of practice. If you or a loved one has been injured in a motor vehicle accident in New York, we are here to help you pursue maximum compensation for your losses.
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 accident lawyer.
The Elements of a Motor Vehicle Accident Claim
There are three distinct parts to a motor vehicle collision case, they are as follows:
The first part is the no-fault portion. New York State law dictates that in the event of an accident, both 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. This also includes lost earnings up to $2,000 per month and up to $25 daily for other reasonable/necessary expenses. This applies to all cars, trucks, SUVs, and vans. Motorcycles are exempt. Doing this, the injured person does not 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 is at fault for 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 that 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, when 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 causing that person to be disabled for 90 days of the first 180 days after the date of the accident.
Please call our motor vehicle accident lawyers for a professional evaluation of your case. See some of our successes in the practice area in the box to the right. We will be happy to analyze your specific case and discuss the law as it applies to you.
New York City Automobile Accident Lawyers
Serving Brooklyn, Bronx, Queens, Staten Island, and the rest of the NYC Metro Area
Available 24/7 – FREE Consultation – 800-510-9695
If you or someone close to you has been injured due to the negligence or carelessness of another, our NY law firm is here to help. Contact us today online or by telephone at 800-510-9695 to speak with a knowledgeable New York City auto accident lawyer.