New York Car Accident Law

New York Car Accident Law

If you get involved in a car accident in New York there are two main things that you need to prove. These issues are called as liability and damages by most of the accident attorneys and insurance agents. Under these you have to prove who was at fault.

The fault and the damages are the two main criteria that are considered. The person who has met with the accident should show that the other party was at fault. He would have to prove the negligence of the driver. Under the new york car accident law you need to prove that the damages caused are grave and enough to meet the legal requirements.

However, you are advised not to file a lawsuit in cases where there was damage caused by yourself intentionally, driving while you were drunk or intoxicated, you were injured while committing an act that would lead to a crime, if you were racing, operating a vehicle that has been stolen, driving a vehicle of an injured person. The state of new york car accident law is very strict about enforcing these laws. As such, you may not have a case if any of the above circumstances apply to you.

Criteria for loss suffered

Under the legal requirements the New York legislative board has made a No-Fault law that states that you can take legal action against the driver only when you prove the driver’s negligence and the personal injury and loss caused by the accident is more than $50,000 or when you have sustained serious injuries.

The definition of serious injury as per the New York state

legislature is when there is a death; dismemberment; significant disfigurement; a fracture, broken bone; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent type that prohibits the person from doing activities for ninety days within 180 days of the accident.

You are not allowed to take legal action against the other driver until the car accident has resulted in a basic economic loss. The New York legislature defines the term basic economic loss as damages sustained in an amount less than $50,000 per person, per accident.

You should know whether you qualify for this basic economic loss. According to the New York legislative body basic economic loss or expenses in an amount less than $50,000 include

• Expenses for medical treatments like hospital, surgical, nursing, dental, x-ray, psychiatric, physical and occupational therapy and rehabilitation charges. Any other professional health care service or non-medical treatment.

• Loss of wages, if you have missed work that you could have completed if you wouldn’t have been hurt.

• An employee who is permitted to obtain financial 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 because of personal injury.

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

Hence you can file a lawsuit against the other driver if you can show that the expenses as defined above exceed the amount of $50,000.

New York Accident Lawyers

New York is the busiest city in the United States and day in and day out people keep pouring into the city for some work or the other. Hence the probability of people getting into accidents is more. If a person gets involved in an accident he should know his rights and is allowed to take full action against the person who is responsible for the accident. This not only gives justice to the victim, but also gives him or her the chance to claim reimbursement for the treatment.

There are many personal injury lawyers in New York. There are numerous law firms that give provide all the legal services to their clients in the New York federal court to gain the reimbursement. Most of these lawyers are experienced and knowledgeable persons. They can help you in taking legal action against the person responsible for it. They take care of all the formalities starting from presentation in the court to claiming monetary compensation for medical and other expenses. They are experienced in their separate fields like wrongful death lawyers, personal mesothelioma lawyers, and birth injury lawyers.

The personal injury lawyers’ work for their clients to help them get their compensation for the injuries and the loss that they have suffered. They help their clients in filing a case and preparing the lawsuit for them.

All the lawyers working in New York have to clear the bar exam. After they pass the exam they have to apply to the Appellate Court to seek entry to the bar. After they have cleared the interview for the Character and Fitness Committee they can practice law in New York.

How to search for a lawyer

Looking for a lawyer is not a tough job. You can get help from your friends and family members who have been in such situations earlier. They can recommend you an experienced lawyer. You can also do an internet search. Before you approach any lawyer make sure that he has expertise in handling cases like yours. Be sure to ask the lawyer about the fess and what all privileges will be covered under it. Mostly they don’t charge upfront fees.

It is not very difficult to get a good lawyer in New York City but be sure that you approach the right person.