In cases involving a motor vehicle accident, New York is considered a No-Fault state. That means that if you are involved in a vehicle accident, you are entitled to have your medical bills, lost wages, and other expenses paid regardless of who was at fault. On the other hand, however, No-Fault rules stipulate that you are only entitled to seek financial compensation from the at-fault driver unless you can prove that your injuries are “serious” in nature.
Since 1988, Dansker & Aspromonte Associates has been fighting for victims of motor vehicle accidents and helping them recover the financial compensation they deserve. Call us today at (212) 732-2929 to discuss your case. The initial consultation is free.
You Must Have Suffered a Serious Injury to File A Claim Against the Other Driver
What qualifies as a serious injury in New York is often the subject of fierce dispute. The No-Fault Law lists certain injuries that automatically qualify as serious injuries:
- Loss of a fetus
- Permanent consequential limitations of using a body organ or member
- Permanently losing the use of a body organ, function, member, or system
- Significant limitations of using a body organ or member
- “Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment”
Establishing that you suffered a serious injury under the law can be difficult. Our team can examine your medical records, consult with medical experts, and interview you extensively to determine whether you suffered a qualifying injury. Even if you do not feel that your injuries will qualify as a serious injury, it is still a good idea to contact our lawyers for advice.
Dansker & Aspromonte Associates Can Help You Seek the Compensation You Deserve
In order to have a successful claim against another party, we are also required to prove that the other driver was negligent in causing or contributing to the accident. Determining who is at fault during car accidents may require examining police reports, driver statements, applying state laws, and other important legal investigation. If we agree to accept your case, we will immediately begin to investigate the facts and circumstances of your accident and injuries, gather evidence, and build a strong claim. Our actions may include:
- Obtaining all police and incident reports.
- Securing witness statements.
- Gathering vehicle damage and accident scene photographs;
- Obtaining video footage, if available
- Demanding sworn statements from the at-fault party
- Retaining experts in accident reconstruction
- Collecting all medical treatment records
- Consulting with medical experts
- Negotiating with the at-fault party or parties for a fair and just settlement
Our team of serious injury attorneys wants to help victims like you after the trauma of a serious injury. We can guide you through every step of this process and fight for the compensation that you deserve. If the negligent party or parties fail to offer you the financial compensation you deserve, we may take the case to trial before a jury.
Potential Symptoms of a Serious Injury
Injury victims may not experience symptoms immediately following their accidents. Sometimes victims experience shock that prevents them from knowing if they have a concussion or emotional trauma. Those symptoms may show up days or weeks later. This is why it is so important to go to the doctor after an accident if you did not receive medical attention at the scene. They can ensure you are healthy or uncover any injuries that might not show symptoms immediately, such as internal bleeding.
Following an accident, you may experience some of these serious injury symptoms:
- Anxiety or depression
- Back pain
- Burning or tingling in your shoulder and neck regions
- Difficulty concentrating
- Headaches or migraine
- Memory loss
- Neck or shoulder pain
- Numbness or weakness in areas of your body
Call Dansker & Aspromonte Associates at (212) 732-2929 to discuss your case.
New York Time Limits for Filing Serious Injury Actions
There are several different time limits you must keep in mind when dealing with a car accident. You may need to contend with a time limit for filing a claim with your own insurer, as well as the state’s statute of limitations for filing a lawsuit.
Waiting longer than the statute of limitations may result in you losing your right to take any legal action at all. This could leave you paying the bills for your injuries and other losses out of pocket. In order to protect yourself, call us today.
Potential Compensation in a Serious Injury Case
The financial compensation you are able to recover is dependent upon the unique facts and circumstances of your case. Generally, you entitled to receive compensation for the following areas if you have sustained a serious injury:
- Pain and suffering and loss of enjoyment of life for all physical and emotional injuries
- Mental anguish
- Out of pocket or unpaid medical bills
- Unpaid lost wages
- Lost earning capacity, if your injuries required you to take a lesser paying job, work fewer hours, or retire from the workforce
- Any other out of pocket expenses you suffered
You may also be able to recover compensation through a wrongful death claim if your loved one passed away during an accident. In such an instance there are additional damages you may be entitled to recover including funeral and burial expenses as well as damages for loss of services, guidance, or support to the family.
You Do Not Need to Worry About the Costs of Obtaining Legal Help
Don’t be afraid to call a lawyer after an injury because you think that you cannot afford a lawyer to fight for you. Our consultation is free and there are no upfront costs associated with hiring our lawyer. Our team will advance all the costs associated with investigating your case, building a strong claim, and filing your claim or lawsuit. This means the only thing you need to worry about is recovering from your injuries or grieving the loss of your loved one. We only recover attorney’s fees if you recover compensation. We only receive a legal fee if you recover compensation.
Contact Dansker & Aspromonte Associates
If you, a loved one, or someone else you know suffered serious injuries resulting from a car accident, Dansker & Aspromonte Associates wants to help. Let our Staten Island serious injury lawyers protect your rights by handling your case and pursuing the compensation you deserve.
Contact our team right away at (212) 732-2929. The sooner you call us, the faster we can begin to fight for you, secure evidence, and build a strong case.