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in New York, a person must prove two main issues in any car accident claim. Most attorneys and insurance adjusters call these two questions of "responsibility" and "damage". Responsibilities, or who was wrong, and the amount of damage or loss, are the two most important factors in assessing the potential of auto slučaj.Ozlijeđene person must show that another party was negligent in the operation of its motor vehicles. Negligence is generally defined as "failure to use reasonable care." In New York, you have to show that you have suffered damage are large enough to satisfy the statutory requirements listed below.
New York, the threshold for damage
New York legislature enacted no fault statutes in an attempt to control the amount of cars fall lawsuits. Under this statute, can only sue for the negligence of another driver for personal injuries sustained in a car accident when the costs exceed $ 50,000, or when you sustained "serious injuries". New York State Legislature defines "serious injury" as bodily injury that results in any of the following:
1 Death, 2 Dismemberment, 3 Significant disfigurement, 4.Lom, broken bone, 5 The loss of the fetus, unborn child's sixth Permanent loss of use of body organ, member, function or system; 7th Permanent consequential limitation of use of body organ or member; 8th A significant limitation of physical function or system; 9th Or medically determined injury or damage to the permanent nature which prevents the injured person to perform almost all of the material acts which constitute such person `s usual and customary daily activities for not less than ninety days during the 180 days immediately after the injury or damage.
As you can see from the terminology used in the statute, and the items one (1) to (5) it is easy to define the six (6) to (9) are very ambiguous. Typically, how many lawsuits in New York automobile liability cases revolves around what is called "threshold" cases. In other words, attorneys and insurance companies will evaluate your case, depending on whether you meet the "threshold" requirement of "serious injury" as defined in the New York statute.
Have I suffered "serious injuries" in the New York law or not?
response to this and other issues are more complicated than it seems. Since the legislator left all these conditions in such an ambiguous situation, the courts have attempted to define all of these conditions through what is called "case law", or court judgments. In other words, your attorney may be able to find a case that shows why you missed work for more than eighty days, sustained "serious injuries", or a case that shows that when a broken or dislocated shoulder, and were diagnosed with permanent loss of range of motion , that the injury meets the "threshold ".
Much of the analysis focuses around dijagnozu.Odvjetnik doctor will usually request a statement from a physician or medical present their records to prove that you have sustained "serious injuries". Your case, however, requires a complicated legal argument. In these types of cases, you should always defer to the lawyers to determine whether your claim is worth pursuing.
"Basic economic loss" under New York law
you can not sue the other driver for personal injuries suffered as a result of traffic accidents in what is called the "basic economic loss." New York legislature defines the term "basic economic loss" as compensation for damages sustained in an amount less of $ 50,000 per person, per accident.
The following expenses may be used in determining whether you have a viable "basic economic loss" or costs in an amount less than $ 50,000:
1 All necessary costs for: (i) medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services, (ii) psychiatric, physical and occupational therapy and rehabilitation, (iii) any non-medical remedial care and treatment rendered in accordance with the religious method of healing recognized by state law, and (iv) any other occupational health services, all without limitation in time, provided that within one year after the accident uzrokujuozljeda has reached the without additional costs may arise as a result of injury.
2 Loss of income from work that a person does not hurt, and reasonable and necessary expenses incurred in obtaining such person's service in exchange for those who maintain their income, up to two thousand dollars a month for no more than three years from the date of accident causing injury.
3.Zaposlenik entitled to receive cash payments under a statute or contract with an employer, or who receives voluntary monetary benefits paid by the employer, the employee `s inability to work due to injuries arising from the use or operation of motor vehicles, not entitled to receive first party benefits for "loss of earnings from work" to the extent that such cash payments or compensation from the employer do not result in the employee suffering the reduction in income or smanjenjezaposlenik `s level of future benefits arising from subsequent illness or injury.
4 All other reasonable and necessary expenses, up to twenty-five dollars a day for no more than one year from the date of accident causing injury.
So, You May still be the case if you can show that the costs as defined above exceed the amount of $ 50,000.
NY Law: Executive summary
Briefly, after an accident, you may see a clearly defined subsections above to determine if you have suffered "serious injuries". If you or your family member has suffered one of the clearly defined injury (eg, death, dismemberment, significant disfigurement, fracture or loss of the fetus), a lawyer with experience in this area of law will be able to determine whether your injuries are in one of the other categories of "serious injury" above. If you have suffered "serious injury" to any of these categories, you May however be the case if you can show the costs and potential costs to exceed $ 50,000.
Finally, you should be warned that you can not have the right to pursue any action if you have any of the following:
1 Intentional infliction of his injury,
2 Operating a motor vehicle while intoxicated or while your ability to work as a vehicle impaired by drug use within the meaning of section 1100 ninety to two vehicles and traffic laws;
3 Were injured, while: (i) committed an act which would constitute a criminal offense, or are seeking to avoid lawful apprehension or arrest by law enforcement officials, or (ii) operating a motor vehicle in a race or speed test, or (iii) operating or occupying a motor vehicle is known to be stolen, or (iv) operating or occupying any motor vehicle owned by such injured person in respect of which the coverage required in paragraph (a) of this Act is in force, or (v) pedestrian struck by what any motor vehicle owned by such injured pedestrian with respect to the coverage required in paragraph (a) of this Act is in force, or (vi) the repair, servicing or otherwise maintaining motor vehicles, if such behavior unutartijeku repair business, servicing or otherwise maintaining motor vehicles and injuries occurring on the premises.
State of New York is very strict about the enforcement of these laws. As such, you May not be the case if any of the above circumstances apply to you.
If you have any questions about this or any other matter, please feel free to contact me directly at. Thank you.
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