If you or a loved one has been seriously injured in a car accident caused by someone else, you may be entitled to seek damages by filing a personal injury claim. Scott C. Gottlieb, Injury Law Attorney, can help. We have helped clients in Binghamton, N.Y., and throughout the state and We Will Fight For You!
If you have been injured, you can seek compensation for your medical expenses and lost income through no-fault insurance benefits, but New York auto insurance law is complex and requires that you meet very specific deadlines soon after your collision:
- File accident report: 10-day deadline;
- File no-fault claim: 30-day deadline;
- File for lost wages: multiple deadlines;
- File for New York state disability: 30-day deadline;
- File notice of claim (if applicable): 90-day deadline;
- File claim against other driver: no specific deadline, but you should do it as soon as possible;
- File claims with MVAIC (the Motor Vehicle Accident Indemnification Corporation – responsible for no-fault benefits for those injured by someone without insurance): 90 days;
- File SUM/UM claim (supplementary uninsured motorist /underinsured motorist): as soon as possible;
- File lawsuit: Typically within three years, but it can be shorter under certain circumstances, and a person who was a minor at time of accident may qualify for an extension.
The deadlines are often confusing — and you may not understand the full extent of your injuries in time to file the proper paperwork. Scott C. Gottlieb, Injury Law Attorney can help you determine the best course of action for your particular situation – and we will tell you up front whether we think you have a case.
Many New York car accident lawsuits are dismissed because the injury is not deemed “serious.” If you are involved in an automobile wreck in New York State, and you wish to file a claim for damages beyond economic compensation, such as for pain and suffering or wrongful death, the law requires that your injuries must meet the requirements of a “serious injury.” CONDITIONS FOR A SERIOUS INJURY MUST INCLUDE ONE OF THE FOLLOWING:
- Death:
- Dismemberment;
- Significant disfigurement;
- Fracture;
- Loss of a fetus;
- Permanent loss of use of a body organ, member, function or system;
- Significant limitation of use of a body function or system;
- A medically determined injury or impairment of a non-permanent naturewhich prevents the injured person from performing all of the material acts which constitute such person’s usual and customary daily activities for not less that 90 days during the 180 days immediately following the occurrence of the injury or impairment.
While your injury may meet one or more of these criteria, successfully resolving your claim for damages requires detailed preparation and research. Your case must clearly show how the other party was to blame for your injuries, and how his or her actions directly contributed to the harm you suffered. Our office works with accident reconstruction and economic experts to help prepare your case. We will also help you decide whether it is more prudent to fight or to settle a case in order to obtain the maximum award – and there is no cost to review your case. Experience counts – and we have the successful record and commitment to obtain compensation for you.
If you or a loved one has suffered serious injury from a motor vehicle accident in New York state, contact Scott C. Gottlieb, Injury Law Attorney, today for a free review of your case – call our 24-hour answering service at (607) 724-7700 or submit our online contact form.
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