1) What
was the Legislative purpose of the New York State "No
Fault" Law?
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Essentially, the Law seeks to quickly compensate injured
parties involved in a motor vehicle accident for their
"basic economic loss" (known as "first
party benefits") regardless of which party caused
the accident, hence, the definition "No Fault".
An argued objective, during the Legislative debate,
in Albany, over 30 years ago, centered on removing relatively
minor automobile cases from contested litigation in
over-crowded courts by eliminating the requirement to
prove who was at fault.
2) What then are the injuries classified
as "serious", under the "No Fault"
Law that would permit me to recover for my pain and
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The Law identifies nine qualifying "serious injuries",
to permit a pain and suffering compensation. These
are: 1) death; 2) dismemberment - a mangling of a
body part or amputation; 3) significant disfigurement
- basically a facial scarring, which alters for the
worse an individual's natural appearance; 4) fracture;
5) loss of fetus; 6) permanent loss, or use, of a
body organ; 7) permanent limitation of a body organ
(i.e. herniated or bulging disc); 8) significant limitation
of a body function (i.e. knee injury, partial hearing
loss, tear of ankle ligaments, etc.); 9) non-permanent
medically determined injury - preventing the performance
of a person's customary, daily activities for more
than 90 days in the first 180 days after the injury.
3) What should I
do if I am injured in a motor vehicle accident?
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Because a motor vehicle accident site is a quickly
changing environment and the requirement to evaluate
the seriousness of one's injury, it is particularly
important to consult with an attorney almost immediately
to permit a thorough site investigation, photographs
taken and witnesses interviewed. Time is critical
to keep the accident conditions in tact as much as
possible and witnesses' memories fresh.
4) Is there a maximum amount recoverable,
under the "No Fault" system and what is
meant by the phrase, “Basic Economic Loss”?
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Yes, the aggregate benefits to which each injured
party is entitled, under the Law, totals $50,000.
These benefits generally fall into one of three categories,
namely: 1) medical expenses resulting from the accident;
2) lost earnings, or wages, totaling up to $2,000
per month and 3) out of pocket expenses, such as transportation
costs, housekeeping, etc.
5) Which injured parties, in a
motor vehicle accident, are covered under the "No
Fault Law"?
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In short, any individual injured in a motor vehicle
accident qualifies for No Fault "Basic Economic
Loss" benefits, whether a driver, passenger,
pedestrian or bystander. One major exception is a
motorcycle operator who, if injured in a motor vehicle
accident, is not covered under the "No Fault"
statute.
6) What is the Statute of Limitations
for motor vehicle accidents?
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In New York State, most personal injury cases have
a three year Statute of Limitations calculated from
the date of the accident. However, there are specialized
cases with shorter time frames (i.e. medical malpractice
- 2 1/2 years; wrongful death - 2 years). For example,
if a motor vehicle accident occurred on April 10,
1999, the case must be put into suit by April 10,
2002.
7) Do any special requirements
exist if I am in a motor vehicle accident with a vehicle
owned by a municipality?
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If you are injured in a motor vehicle collision with
a municipal vehicle (i.e. police car, fire engine,
sanitation truck, etc.) a Notice of Claim must be
filed within 90 days of the accident. Failure to file
a timely Notice of Claim against the municipality,
usually means your suit will be dismissed. After filing
a Notice of Claim, your legal action must be commenced
within one year and 90 days from the accident date.
8) What is its purpose and is it
important to obtain a police report, after a motor
vehicle accident?
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A police report completed by a police officer normally
at the accident site is available at the local precinct
where the accident occurred for a brief period, generally
30-60 days following the accident. The police report
normally does not give a definitive statement as to
who caused the accident, but rather a drawn schematic
demonstrating the relative positions of the motor
vehicles, physical damage, passengers in the vehicles,
witnesses and statements from the drivers, or eye
witnesses.
9) What is a Wrongful Death suit
resulting from a motor vehicle accident?
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It is a Lawsuit brought by potential beneficiaries,
usually family members, of the deceased who was killed
by the negligence, or wrongful conduct, of another
party operating a motor vehicle. A common example
occurs when a parent is fatally injured in a crash,
with the Lawsuit brought on behalf of the surviving
spouse and/or the children. Remember, this legal action
must begin within two years of the accident victim's
death.
10) What is meant by the term “soft
tissue injury” and are “soft tissue injuries” ever
considered “serious injuries” under the “No Fault”
statute allowing me to seek recovery for my pain and
suffering?
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A soft tissue injury is a non-bone, or fracture, injury
generally involving connective tissue, often resulting
in sprains, strains or disc problems. It has been
determined that certain soft tissue injuries may qualify
as “serious injury” under this grouping. Among the
inquiries evaluated include: how disabling is the
injury; is it mild or serious; does the injury restrict
the range of motion?
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