If you have been involved in a motor vehicle accident in New York there are several things that you need to be aware of and deal with promptly.  The typical uninformed person is likely not aware of everything that needs to be done, and more importantly, the time frames in which they need to be done.  That is where our firm can assist you.  Not only do we represent you for any injuries you received in the accident, but we will also assist and advise you on the various things you need to deal with to provide the necessary money you and your family need during this trying period, as well as to get your medical bills covered.

New York is considered a “No-Fault” state, and as a result, the law requires that anyone injured in a motor vehicle accident is entitled to receive up to $50,000.00 for medical expenses and lost wage reimbursement (which has a maximum monthly payment of 80% of your lost wages with a maximum of $2,000.00 per month).  This is coverage that is mandatory in New York, and everyone who has insurance on a motor vehicle must purchase this coverage.  Under the New York No-Fault law and regulations, an injured person must submit their application for No-Fault benefits within thirty (30) days from the date of the accident.  Failure to do so can result in the medical bills and lost wages not being covered.  This paperwork is very important and the timing of when it gets submitted is critical.  Let our office help you with this so that you are protected.

As a result of the No-Fault coverage as described above, New York has implemented what is known as the “serious injury threshold.”  What this means is that a person who is injured in a motor vehicle accident is not allowed to bring a civil lawsuit for personal injuries unless they qualify under one of the serious injury threshold categories.  Those categories are as follows:

1. Death;
2. Dismemberment
3. Significant Disfigurement;
4. Fracture;
5. Loss of a fetus;
6. Permanent loss of use of a body organ, member, function or system;
7. Permanent consequential limitation of use of a body organ or member;
8. Significant limitation of use of a body function or system;
9. A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment

In addition to the No-Fault laws and time limits, every person who is involved in a motor vehicle accident is required to file what is known as a Motorist Report with the Department of Motor Vehicles.  Failure to do so can result in suspension of your driver’s license.  Aside from this requirement a person may also qualify for New York State Disability payments, which is something that also must be handled promptly.

While these various things may seem straight forward and clear, there are many limitations involved in not only the No-Fault coverage laws, but most certainly with what is considered a “serious injury” under the law.  This is where the assistance of an attorney is most important.  Further, you need the assistance of an experienced attorney who has handled these matters successfully and is fully aware of what needs to be done to prove your case.  That is where LaFave, Latimer & Stroud, LLP come in. 

Cynthia S. LaFave handles the personal injury matters at our firm and they have obtained very sizeable verdicts and settlements for many people injured as a result of the negligence of another person.   In fact, Cynthia S. LaFave is a Board Certified Trial Attorney and in 1996 she obtained the highest verdict in the United States.