Motor Vehicle Accidents
Our NY personal injury law firm aggressively represents personal injury clients who sustained serious injuries as a result of many types of motor vehicle accidents throughout New York State, including:
• Hit and run accidents
• Accidents caused by uninsured or underinsured drivers
• Uninsured motorist claims
• Underinsured motorist claims
• MVAIC claims
• Accidents involving a taxi, car service or other livery vehicle
• Motor vehicle collisions between a car and a bus, truck, or other commercial vehicle
• Bus accidents
• Rear end collisions
• Intersection collisions
• Cars struck by police cars
• Cars struck by another vehicle in parking lot
• Multi vehicle collisions resulting in accidental death
In addition to the general categories of motor vehicle accident cases listed above, we have also represented plaintiffs injured in some unusual motor vehicle accidents, including the following:
• Motor vehicle collisions caused by slippery substance on roadway emitted from concrete recycling plant
• Motor vehicle collision caused by empty water cooler bottles falling onto the roadway from a truck ahead of the plaintiff’s car
• Driver struck by another vehicle while he was standing outside his disabled car waiting for assistance
• Unattended parked New York City bus rolled down a hill, and crashed into a car stopped at a red traffic light, seriously injuring the car’s passengers
VARIOUS LEGAL ISSUES IN NEW YORK MOTOR VEHICLE ACCIDENT CASES
There are more issues in a New York motor vehicle accident case than merely proving the client’s injuries and the defendant’s negligence. New York auto accident cases often involve various legal issues in the areas of New York No-Fault Law, New York Uninsured Motorist Law, and optional New York Underinsured Motorist coverage (also known as Supplementary Uninsured Motorist Coverage). Michael W. Goldstein’s many years of representing seriously injured accident victims in New York State has given him extensive experience in each of these areas of New York personal injury law. Michael W. Goldstein’s clients can be assured that they are thoroughly represented in all aspects of their accident case by an experienced NY accident lawyer.
When the injuries sustained are fractures which are immediately diagnosed by x-rays, and are treated at the hospital emergency room on the day of the accident, it is usually crystal clear that the injuries were caused by the collision. However, when the injuries can only be definitively diagnosed by more sophisticated and expensive tests such as MRI’s, which are not typically performed until days, weeks or months after an accident, the issue of causation arises. In that situation, it is far easier for the culpable driver’s insurance company and attorneys to take the position that the injuries such as a torn meniscus of the knee, a torn anterior cruciate ligament (ACL) of the knee, or a torn rotator cuff of the shoulder, were pre-existing conditions, not caused by the accident. In those instances in particular, it is extremely important that the attorney representing the injured driver or passengers be prepared to overcome the defense argument that the driver and owner of the vehicle who caused the collision are not responsible for the injuries sustained by the driver or passenger of the car that was struck.
Michael W. Goldstein is always aware of the need to clearly establish causation between the accident and the injuries sustained. We are experienced in dealing with these issues, and work tirelessly on behalf of our clients to prove our client’s case and overcome the defense arguments. We are committed to achieving justice for our clients, which includes obtaining the monetary compensation that our clients deserve.
RULES OF THE ROAD
All motorists must obey the New York State Vehicle & Traffic Law, as well as local rules and regulations. All motorists must share the road responsibly with each other. Passengers, as well as drivers who obey the traffic laws and are injured due to the carelessness of another motorist are entitled to be compensated for their injuries (subject to the “serious injury” threshold that applies to all victims injured by motor vehicle accidents in New York State.)
New York State is a comparative negligence jurisdiction. Therefore, when an accident in New York State is caused either partially or completely by the defendant’s negligence, even if the injured plaintiff was partially at fault, the plaintiff is entitled to recover monetary damages for the injuries sustained (subject to the “serious injury threshold” for motor vehicle accidents in New York State), however the amount recoverable will be reduced by the percentage of fault attributable to the plaintiff.
MEDICAL & HOSPITAL EXPENSES & LOST WAGES
New York insurance policies provide coverage for payment of No-Fault benefits for medical and hospital bills and loss of earnings sustained while operating or occupying a motor vehicle in New York State.
Accident victims should be aware that there are extremely short time limitations for filing an application for New York State No-Fault benefits for medical and hospital expenses, loss of earnings, and other benefits available under the NYS Personal Injury Protection Law. We are happy to assist our clients in timely completing and filing this critical form. If you file the No-Fault Application yourself, we recommend that you make sure to list all of your injuries, and keep a copy of the filed form, and give us a copy. There are also short time limitations for submitting to the no-fault insurance carrier, the medical and hospital bills incurred in a New York motor vehicle accident.
It is important that these bills be paid by the no-fault insurance company, rather than by your health insurance company, because the health insurance company may deny the claim for motor vehicle related injuries, and also because the health insurance company may be entitled to a lien against the personal injury settlement or recovery, for the amounts paid for treatment of the injuries sustained in the accident.
HOW WE CAN HELP
If you or a loved one was seriously injured in a motor vehicle accident in New York State, it is extremely important that your New York accident attorney take all steps necessary to ensure that you will be able to recover monetary compensation for your injuries.
We zealously represent all of our clients who were seriously injured in motor vehicle accidents. We investigate the facts and circumstances of the motor vehicle collision, and gather evidence needed to prove the cause of the accident. Our diligent and careful investigation, legal analysis and pretrial discovery often enables us to establish the true cause of the collision, and prove that the responsible motorist is liable for your injuries.
FREE CONFIDENTIAL CONSULTATION
If you have been seriously injured due to an accident, and would like to discuss your case with a New York Accident Lawyer, call our office for a free confidential consultation, or complete our questionnaire.
Visiting our website, submitting any information via questionnaire or email, or discussing your case with us does not create an attorney-client relationship. An attorney-client relationship with our law firm can only be established with the signing of a written retainer agreement prepared by our law firm.
Under New York law, in the event there is no recovery in a contingency fee case, the client is responsible for the expenses of the litigation, including court costs and disbursements.
Prior results do not guarantee or predict a similar outcome with respect to any future case or legal matter.
NEW YORK INJURY ATTORNEY DISCLAIMER
The New York personal injury, accidental injury, serious accident, or other personal injury legal information contained in this website is not intended to constitute legal advice, nor to create an attorney-client relationship or lawyer-client relationship. We recommend that you discuss your accident case with a New York Personal Injury Attorney or New York Injury Lawyer promptly, since there are strict time limitations that apply to New York accidental injury cases.
This website is not intended to solicit clients for accident cases outside of New York State. However, we do represent accident victims who live outside of New York, who sustained fractures or other serious injuries in a motor vehicle collision, hit & run accident, uninsured motorist accident, under-insured motorist collision, motorcycle collision, pedestrian accident, bicycle accident, roller blade accident, in-line skating accident, premises accident, trip & fall accident, construction site accident, or on the job accident that occurred in New York State, as well as wrongful death or accidental death caused by a NY accident.
New York Personal Injury Lawyers and Attorneys New York representing accident victims who have sustained serious injuries in New York City, Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Nassau County, Suffolk County, Westchester County, Rockland County and upstate New York.
Law Offices of Michael W. Goldstein, a New York personal injury law firm