Your Legal Rights
Legal Rights of New York State Accident Victims
The following information is provided as a general overview of some of the legal rights of New York State accident victims. Additional information is provided on other pages of this website.
This introduction to New York State accident victims legal rights is not meant to be a substitute for speaking to a New York accident lawyer, but rather to provide general information which may assist you to more effectively discuss your accident case with a New York personal injury attorney.
Of course, specific questions may not be adequately answered in this website. Therefore, we strongly suggest that you discuss the particular facts of your accident and injuries with a New York personal injury lawyer.
No-fault Insurance Benefits for Motor Vehicle Accident Victims
If you were injured in a motor vehicle accident in New York State, you might be entitled to payment of your medical and hospital bills, transportation for medical treatment, prescription medication, orthopedic appliances, household help and lost wages (subject to medical necessity, insurance policy limitations, and insurance policy deductible, if applicable.)
For victims of motor vehicle accidents, 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.
Monetary Compensation for Motor Vehicle Accident Victims
If you were injured in a motor vehicle accident in New York State, you might be entitled to monetary compensation for your pain and suffering, lost earnings, and out of pocket expenses (subject to the “serious injury” requirements pursuant to the “no-fault threshold”), even if one or more of the following apply:
• the driver and owner of the vehicle that caused the collision was uninsured
• the driver of the vehicle that caused the collision fled from the scene of the accident (“hit & run” driver), provided that the collision was reported to the police within 24 hours of the accident.
• you were partially at fault
Medical Payments Coverage for Injuries Sustained on Premises
If you were injured at a store, business, residence or other premises, you might be entitled to reimbursement of your expenses for reasonable and necessary medical and hospital treatment, up to the amount of medical payments coverage provided by the owner’s insurance policy. Please keep in mind, that this coverage is not included in all insurance policies, and where provided, is often limited to a relatively low maximum total payment.
Typically, the medical payments coverage is limited to medical and hospital bills incurred and submitted within one year of the accident. Additional procedural requirements and other restrictions may apply to this coverage. The medical payments endorsement, if provided, is usually separate from liability coverage for pain and suffering, etc.
If you were injured in an accident in New York State, you might be entitled to monetary compensation for your injuries, even if you were partially at fault. The amount of compensation you would be entitled to would be reduced by the proportion of the total fault that is attributable to your negligence. This legal principle in New York State is called comparative negligence.
Statute of Limitations & Other Time Limitations
There are strict time limitations that apply to New York personal injury cases, including accidental injury lawsuits. The statute of limitations (time limit for commencing litigation) varies depending on the type of case, and in some instances, depending on the defendant being sued. Furthermore, many types of claims and lawsuits also have other time limitations (in addition to the statute of limitations), such as time limitations for filing an Application for No-Fault benefits, Notice of Claim, Notice of Intention to Make Claim, and other critical documents.
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 PERSONAL INJURY LAWYER 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 Accident Lawyer promptly, since there are strict time limitations that apply to New York 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 City Personal Injury Lawyers and Attorneys New York City 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