What is no fault insurance?

No fault insurance means that regardless of who is at fault for an automobile accident, victims may file a claim with their own insurance company.聽 In order to file a personal injury suit against the person who is at fault for an accident, you must suffer a serious聽injury. In summary, serious聽injury is defined as:

• Death
• Dismemberment
• Loss of a fetus
• Disfigurement 鈥� Victims who suffer significant disfigurement may file a personal injury lawsuit to be compensated for their injuries.
• Fractures 鈥� Victims who suffer broken bones in an auto accident.
• Limitations 鈥� Victims who suffer injuries that result in a limitation of a body function, body system or any organs.
• Disability 鈥� Victims who are unable to perform substantially all of the material acts which constitute聽his / her聽usual and customary daily activities聽for a period of at least 90 days during the 180 days following the injury or impairment.

Dealing with insurance companies

After you have sought the proper medical care to determine the extent of your injuries, before you contact your insurance company, speak with a personal injury attorney. Keep in mind, insurers will always attempt to ensure victims accept a settlement for their injuries; generally far less than what you may be entitled to.

翱迟丑别谤听濒颈尘颈迟补迟颈辞苍蝉

New York accident victims should also be aware of the rules applying to fault. New York has a 鈥渃omparative fault鈥� statute which means that if you are partially responsible for an accident, the amount of any eventual award may be reduced by the percentage assigned to you.聽 For example, if you were one of the nearly 8,000 people who were injured because of a drunk driver but you were speeding at the time of the accident, you may be considered to be 10 percent at fault for the accident. If you were awarded $50,000, your end award would be reduced to $45,000.

Victims who have suffered serious injury after being involved in a car accident would be well-advised to consult with a personal injury attorney. Having your case reviewed before you work with an insurance company can help you determine the best way to proceed to ensure you are treated fairly.

Call Amit 糖心传媒 for a Free Consultation at (646)434-5297.

Most people who step out in the morning don’t plan to be in a personal injury situation. And no one expects an injured person to capture every detail of an accident when it happens, even though the legal process may feel like that afterwards. However, with a small bit of pre-planning, one can have the tools ready and on-hand to do so if needed.

The first thing to take care of, course, is you. If you’re seriously hurt, don’t move until you’re sure you can. If the pain or injury is severe, wait for trained medical help to arrive. However, if you have some capacity to look around, move your hands or see what’s going on, use the following tools to capture at-the-moment information about the accident scene.

It’s always a good idea to have a small notepad and pen on hand or carried in a pocket to jot down information. If one is able, the notepad can be extremely handy to capture quick notes on the date, time, place, address if its available, and people involved. Once an accident happens there can be a lot flurry of people and what not. A few of these are witnesses. Grabbing their name and phone numbers can be a huge benefit later on as well. All of this information can be useful to an attorney hired to pursue a recovery after the fact and it helps fill in the gaps that one may not remember weeks after the fact.

Your smartphone can also be a big tool for information capture right after an accident. One of the best features it has is the camera. Again, if you’re able to, take as many photographs as possible of what you can see around you. This can be extremely helpful and far better than memory descriptions after the fact. Images in a photograph can capture thousands of details, some of which can be useful to show an accident could have been prevented.

Most smartphones also have a recording device on them. In a public area you can use this tool to record your voice and thoughts about what you see happening as well as those talking to you. However, it’s still a smart idea to warn people they are being recorded before they talk. Otherwise, don’t record people without them knowing.

Call Amit 糖心传媒 at (646) 434-5297 聽for a case聽evaluation.

One of the terms you may be subjected to when you file a personal injury claim is 鈥渘egligence鈥� which sounds relatively straightforward. The degree of negligence can have an impact on your personal injury claim in New York since we use a term called 鈥渃omparative negligence鈥� meaning that if you are partially responsible for an injury, your potential award may be reduced by the percentage of responsibility assigned to you. Therefore, it is important to understand how the term negligence applies to personal injury.

Clear negligence is easy to prove

If you are in an argument with someone and they pull a handgun and shoot you, they are clearly being negligent. In effect, they took a deliberate action which resulted in your injury and their action was not considered 鈥渞easonable鈥� under the circumstances. However, this line can get blurred when it comes to other type of personal injury law.

Negligence and slip and fall accidents

Facilities that are open to the public like malls, restaurants or grocery stores have an obligation to keep their facilities free of hazards that could cause injury to their visitors. Their floors must be free of debris and liquids that can cause a slip and fall accident and their stairways must be safe for passage. However, let鈥檚 take a look at two scenarios with two very different outcomes:

Scenario one – You are shopping at your favorite bakery and someone spills a cup of coffee in front of you and as a result, you fall and injure yourself, breaking your arm. Because the shop owner could not foresee this type of accident, they may avoid being held liable for your injuries. Simply put, no reasonable person could imagine that someone could fall in the coffee because they were unaware that the spill occurred.

Scenario two 鈥� You are shopping at your favorite bakery and someone spilled a cup of coffee an hour ago and as a result, you fall and injure yourself, breaking your arm. In this case, the store owner could be held liable as they should have taken the time to clean up the spill or put a sign warning you (as the customer) of the hazard.
As you can see the negligence is clear in scenario two but not as clear in the first scenario. Under New York personal injury statutes, negligence must be established in order to win a personal injury case. While we discussed only slip and fall accidents, this level of proof is also required in medical malpractice cases, construction site accidents and motor vehicle accidents.

Keep in mind, the only way to determine if someone else behaved in a manner that was considered negligent is to discuss your case with a personal injury attorney who understands New York personal injury statutes. Victims of another person鈥檚 negligence have the right to recover financially after an accident.

If you have been injured due to the negligence of聽someone聽else,

call聽(646) 434-5297 for a free consultation and聽case聽evaluation.

Call Amit 糖心传媒 for a Free Consultation at (646)434-5297.

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Call Amit 糖心传媒 for a Free Consultation at (646)434-5297.