New York Accident Attorney

Theoretically speaking, in New York, a person must prove two main issues in any auto accident claim. Most attorneys and insurance adjusters labeled these two issues "liability" and "damages."

Liability describes who was at fault and the damages or amount of the loss taken place in an accident. These are the two most important criteria in evaluating a potential auto case. That’s why, it is important that the person must show that another party was negligent in the operation of their motor vehicle. Negligence is commonly defined as a "failure to use reasonable care". According to experts, in New York you must show that the damages you have sustained are great enough to meet the statutory requirements.

The New York legislature enacted a No Fault statute in an effort to control the amount of automobile crash lawsuits. According to that statute, you may only sue another driver for negligence for personal injuries suffered in a auto accident when your expenses are in excess of $50,000 or when you have sustained "serious injury". The New York State legislature termed "serious injury" as a personal injury that results in any one of the mentioned below:

1. Death; 2. Dismemberment; 3. Significant disfigurement; 4. A fracture, Broken Bone; 5. Loss of a fetus, unborn child 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. Significant limitation of use of a body function or system; 9. Finally a medically determined injury or impairment of a non-permanent nature which stop the injured person from performing substantially all of the material acts which constitute such person`s usual and customary daily routines for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

As one can clearly understand from the terminology used in the statute, it is difficult to judge whether your injuries may fall within one of the specified sections above. While items one (1) through (5) are easily defined, items six (6) through (9) are very complex. Normally, much litigation in New York Automobile liability cases revolves around what are termed to as "threshold" cases. In other words, attorneys and insurance companies will analyze your case depending upon whether you have met the "threshold" requirement of a "serious injury" as defined by the New York statute.

The question now arises: How to judge the fact that whether or

not you have sustained a "serious injury" under NY Law or not? The answers to this and other questions are not as simple as it sounds as a matter of fact they are even more complicated than they seem. This is because of the fact that legislature has left all these terms in such an ambiguous state, the Courts have attempted to define all these terms through what is termed to as "case law" or judicial rulings. In other words, your attorney might be able to search a case that shows that because you missed work for more than eighty days, you have sustained a "serious injury"; or another case clearly pinpointing that when you fractured or dislocated your shoulder and were diagnosed with a permanent loss in its range of motion, that your injury meets the "threshold".

Much of the analysis revolves around your medical diagnosis. An attorney will normally request an affidavit from a doctor or present your medical records in order to justify that you have sustained a "serious injury". But whatever be the findings, your case, however, will require a complicated legal argument. In these types of cases, you should always immediately refer to an attorney in order to judge whether your claim is worth pursuing.

In theory, you cannot sue another driver for personal injuries suffered as the result of a car accident for what is defined to as "basic economic loss". The New York legislature defines the term "basic economic loss" as damages, which are done in an amount less than $50,000 per person, per accident.

The below mentioned expenses may be used in finding whether you have sustained "basic economic loss" or expenses in an amount less than $50,000:

1. In theory, 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 rendered in accordance with a religious method of healing recognized by the laws of this state; and (iv) and finally any other professional health services; all without limitation as to time, provided that within one year after the date of the accident causing the injury it is ascertainable that further expenses may be incurred as a result of the injury.

2. It is also applicable in the loss of earnings from work which the person would have performed had he not been injured, and reasonable and necessary expenses incurred by such person in giving services in lieu of those that he would have performed for income, up to two thousand dollars per month for not more than three years from the date of the accident causing the injury.

3. It is also applicable in case of an employee who is entitled to receive monetary payments, pursuant to statute or contract with the employer, or who receives voluntary monetary benefits paid for by the employer, by reason of the employee`s inability to work due to personal injury arising out of the use or operation of a motor vehicle, is not entitled to receive first party benefits for "loss of earnings from work" to the extent that such monetary payments or benefits from the employer do not result in the employee suffering a reduction in income or a reduction in the employee`s level of future benefits arising from a subsequent illness or injury.

4. All other reasonable and necessary expenses incurred, up to twenty-five dollars per day for not more than one year from the date of the accident causing the injury.

So, you may still have a reason to fight if you can show that the expenses as defined above exceed the amount of $50,000.