Automobile accidents in New York State

An automobile accident is sometimes a simple routine case or at times can be a very complex matter. It all depends on the circumstances surrounding the accident, types of insurance coverage available, whether an accident reconstruction expert needs to be retained and whether the case also involves defects in the cars involved. A case could also be complicated if the injuries sustained by the parties deal with multiple complex injuries to the joints, involving surgery and other procedures.
TIMELY GATHERING OF INFORMATION IS IMPERATIVE
The statute of limitations, which is the time limit in which a lawsuit has to be filed, varies. It can be three years or less, depending on the defendant. For example, if the defendant is an employee of the State of New York, or other municipal employee, the time to file a claim is 90 days. If the defendant is a private individual or corporation, then the statute of limitations is three years. If the case involves death then the time limit is two years. There are also time limits insurance carriers require for coverage. Any claim for no-fault requires a notice to the insurance company within 30 days. In addition, if one makes a claim under the SUM coverage (supplementary uninsured underinsured motorist coverage), then notice also needs to be made within 30 days. Finally, if there are parties that have no insurance coverage, an individual will have to file a claim with the Motor Vehicle Accident Indemnification Corporation and that claim needs to be filed within 180 days. Other factors such as location of witnesses and obtaining statements while the incident is fresh in their minds are also important. The vehicles involved also need to be thoroughly examined, photographed and sometimes stored for evidentiary purposes.
SERIOUS INJURY THRESHOLD MUST BE MET
Automobile cases are further complicated by the serious injury threshold set forth in the New York State Insurance Law. In the mid 70's New York became a no-fault state which meant that all occupants of motor vehicles involved in car accidents had up to $50,000 in lost wages and medical coverage regardless of fault. Prior to passage of this law you had to sue the other driver for medical bill payments and lost wages. However, the trade off with this $50,000 in coverage is proving you had a ''serious injury'' before recovering for pain and suffering resulting from the injury. A ''serious injury'' is defined as fracture, death, dismemberment, loss of use of a body organ function or system, significant limitation of body organ function or system or an inability to perform substantially all of one's daily activity for a period of 90 out of 180 days following the accident. The criteria can at times require significant knowledge of the law and significant work up of the medical evidence in order to meet the requirements of the threshold.

Anthony DiNitto is a partner with the Faraci Lange law firm based in Rochester New York. The Faraci Lange firm is considered one of Western New York's leading personal injury firms. Anthony DiNitto has represented catastrophically injured plaintiffs in all types of cases including auto, defective products and premises and construction accidents. He is a member of the Association of Trial Lawyers of America and a member of the board of directors of the New York State Trial Lawyers. He is the current president of the Genesee Valley Trial Lawyers Association. He can be contacted at adinitto@faraci.com or (585) 325-5150. You can also visit the firm's web site at www.faraci.com.

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What to Look for in an Auto Accident Attorney

What to Look for in an Auto Accident Attorney
By Sara Goldstein

So, you’ve been in a car accident – now what do you do? Did you remember all of the steps you’re supposed to take at the scene of the accident, like exchanging information and documenting the scene itself? Have you done the proper follow up? Is the insurance company for the driver who was at-fault giving you the run around? Were you injured and now missing time from work to recover? Have you decided that it’s time to hire an attorney to help you?

If so, do you know what to look for in a personal injury attorney?

First, you should look for one that specializes in auto accidents. Every state’s laws are different and often very complicated, so it is essential for the success of your case that your attorney be a specialist in this area of practice.

Second, you need to consider the experience of your attorney. He may advertise that he’s an auto accident attorney, but has he actually settled or won cases for his clients? You may want to ask how long he’s been in practice and ask for a list of client referrals you can call. Also ask for a list of cases settled and the amounts awarded to his clients.

The third item may be one of the most important that you consider. Does your attorney have any litigation experience and how many of his cases has he won?

Brian J. Glick, Esq. of Boca Raton, Florida comments on the subject by saying, “If your attorney doesn’t have litigation experience, you need to look for someone else. Not all insurance companies are going to settle with fair compensation to the victim, so your attorney must be prepared to go to court on your behalf. And win.”

A fourth quality your attorney needs is compatibility and chemistry with you, the client. Does your attorney listen carefully to your concerns? Does he encourage your feedback as well? If you don’t feel you can communicate openly and honestly with your lawyer, it’s time to look for another lawyer to help you win your case.

Please click here for more information regarding auto accident law in the Boca Raton, Florida area.

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