Representing Accident Victims Throughout Westchester & The Hudson Valley
For many New Yorkers, driving is like second nature and no one expects to have an accident. According to the Department of Health, however, thousands of people are injured or killed in automobile accidents each year. Although injured vehicle occupants are covered under the state’s no-fault law, many victims never receive the full value of their claims.
At the law office of Michael LoGiudice, we are well versed in insurance claims and personal injury law and help car accident victims obtain meaningful compensation. We know that insurance companies try to settle these cases quickly and make offers for the lowest possible amount. If you are injured in an accident, however, it will take time to determine the extent of your injuries and the type of medical treatment you will need.
While some accidents may lead to minor scrapes, cuts, and bruises, more serious crashes can result in whiplash, broken bones, loss of limbs, head and brain injuries and even death. In some cases, injuries may not be apparent until long after an accident. By engaging the services of an experienced personal injury attorney, you can obtain meaningful compensation that considers all your future financial and medical needs.
Common Causes of Car Accidents
While there are many causes of car accidents in New York, most are the result of driver errors, including:
- Distracted driving
- DUI (drugs or alcohol)
- Driver fatigue
- Improper turning
- Running stop signs/red lights
- Unsafe lane changes
- Reckless driving
- Mechanical defects
What is no-fault insurance?
In New York, most automobile accident claims fall under the no-fault insurance system. This means that drivers are required to file claims with their own insurance companies for medical expenses, property damage and other economic losses, regardless of who is at fault for the accident. It is important to note that a no-fault claim must be filed within 30 days of the accident. In order to obtain the maximum settlement, it is crucial to have proper legal representation.
What is the serious injury threshold?
Under Article 51 of the insurance law, in order to bring a personal injury lawsuit, a plaintiff must establish that he or she (i) incurred a basic economic loss greater than $50,000 or (ii) sustained a serious injury.
Insurance Law § 5102(d) defines a serious injury as an injury resulting in:
- Significant disfigurement
- Loss of a fetus
- Permanent and total loss of use of a body organ, member, function or system
- Permanent consequential limitation of a body organ or member
- Significant limitation of use of a body function or system
A 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.
Ultimately, determining whether or not your injury is considered a “serious injury” depends on a number of factors. For example, a herniated disc or a torn ligament that requires surgery may meet the serious injury threshold. Regardless of the injuries, you have suffered, it is essential to engage the services of an experienced personal injury attorney in order to obtain the maximum compensation.
Dedicated Automobile Accident Attorneys
We will help you navigate the no-fault insurance laws and negotiate with the insurance company to obtain the compensation you deserve. We will also determine if there are grounds to pursue a personal injury claim. By conducting a thorough investigation, gathering critical evidence, and identifying and interviewing witnesses, we will establish the other driver’s liability. We will help you recover damages for pain and suffering, lost wages, medical and rehabilitative costs, property damage and loss of future earnings. The road to recovery after an automobile accident is long, don’t take it alone. Call our office or fill out a contact form today for a free consultation.
The law office of Michael LoGiudice routinely represents automobile accident victims in the greater New York area including Westchester, Putnam County, Dutchess County, Rockland County, Orange County, and Brewster.