Personal Injury Lawyers in New York City

Auto Accidents Claims in New York

by Personal Injury Lawyers NYC

In order to bring a successful legal action against another for an automobile accident or personal injury, you must prove two main issues before a court. Most attorneys and insurance companies refer to those two issues as "liability" and "damages". These are the two most important factors in assessing your case. You must show that the other party was negligent in the operation of their motor vehicle; negligence is generally defined as a "failure to use reasonable care". And you must show that the damages you have sustained are great enough to meet the statutory requirements of the state of New York.

The New York 'Threshold" Statute

The New York legislature has enacted a No Fault statute in an attempt to mitigate the amount of automobile litigation. According to that statute, you may only sue another driver for negligence for personal injuries suffered in a car accident when your expenses are in excess of $50,000 or when you have sustained "serious injury". The New York state legislature defines "serious injury" as a personal injury that results in any one of the following:

1. death;

2. dismemberment;

3. significant disfigurement;

4. a fracture;

5. loss of a fetus;

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. or 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 ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

Law firms providing legal advice and representation in serious personal injury cases, car accident, auto accidents, construction site accidents, wrongful death, dog bite litigation, slip and fall, premises liability, brain injury, birth injuries, spinal cord injury, intentional misconduct, nursing home abuse, and negligence cases.

Classification: New York City Personal Injury Lawyer / Attorney

Related Sites: INJURY LAWYER NEW YORK CITY > INJURY LAWYER  NYC > LAWYER IN NEW YORK CITY > LAWYER IN NEW YORK NY > LAWYERS IN NEW YORK CITY >  NEW YORK AUTO ACCIDENT LAWYER > NEW YORK CAR ACCIDENT LAWYER > NYC LAW OFFICES > PERSONAL INJURY LAWYER NYC > NEW YORK LAWYER IN NEW YORK

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