Motor Vehicle Accident Litigation

A large portion of litigation in New York state involves motor vehicle accident cases. This is not surprising considering the heavy volume of traffic on the roadways of this state. However, for a person to recover compensation for injuries sustained in a motor vehicle accident they must ultimately establish two things. First, they must establish that the happening of the accident was the result of negligence by the defendants. This is commonly referred to as the "liability stage". Second, they must establish that the injuries suffered in the accident are "serious" and were caused as a result of the car accident. This is commonly referred to as the "damages" stage.

New York State Insurance Law section 5102 (d) commonly referred to as the No- Fault law, provides for the costs of necessary medical expenses as well as other actual expenses such as transportation and lost earnings to be paid by the insurance company of the car the injured person was occupying at the time of the accident. This is done regardless of whose fault the accident was. Unless the Insurance Policy specifies otherwise, this coverage is limited to the first $50,000.00 of expenses. The insurance company may require the injured party to be examined by a physician retained by their company to verify that the medical treatment billed is necessary. If the insurance company disputes the necessity of the treatment they may deny payment.

In recent years there has been a dramatic increase in litigation between medical providers and no-fault insurance companies disputing denials of no fault benefits. Another significant aspect of the no-fault law is that it limits the injuries for which a plaintiff may recover from the liable party as compensation for their pain and suffering. In New York State a plaintiff may only recover damages for those injuries which are defined as "serious injuries" by the No-Fault law.

The injuries that are defined as "serious" include death, dismemberment, loss of a fetus and loss of a limb. However, they also include a fracture, a significant disfigurement, a permanent or significant limitation of a part of the body, and an injury for which its medically determined a person could not perform substantially all of their usual and customary activities for at least 90 out of the first 180 days following the accident. Therefore, even if fault for the accident is clear or admitted, the plaintiff must prove their injury fits into one of the categories of serious injury to recover any damages from the responsible party. This alone makes litigation of a car accident case all the more challenging. Further it is important to start preparation for the litigation at the outset. It is imperative to obtain the police report, and any photographs depicting the vehicles, and to interview witnesses as soon as possible following the accident. Insurance coverage for the vehicles involved must be determined and the proper claims must be made to the Insurance carriers involved.

A plaintiff should be sure they are receiving competent medical treatment for their injuries and that the proper no-fault application is made to insure payment of their medical expenses. Motor vehicle accidents come in all sized and shapes, including multi vehicle accidents, motorcycle accidents, bus accidents, pedestrian knockdowns and bicycle accidents.

As attorneys we try to help ease the confusion and burden our clients face in the aftermath of an accident. We know what a difficult impact is often has on their lives and the lives of their family and loved ones. We also use our experience to advise our clients on the issues particular to their case and attempt to achieve the most compensation possible for the injured party. Each case presents its own unique challenge, but with challenges come opportunities for a better future.

DISCLAIMER: THIS INFORMATION PROVIDED FOR INFORMATION PURPOSES ONLY. THE INFORMATION CONTAINED HEREIN IS NOT DEEMED TO BE LEGAL ADVICE. FURTHER, LAWS, RULES, REGULATIONS AND POLICIES ARE CONSTANTLY CHANGING AND THEREFORE, THE INFORMATION CONTAINED HEREIN MAY BE DATED AND/OR INCORRECT. THOSE INDIVIDUALS CONCERNED ABOUT THE LEGAL ISSUES ADDRESSED IN THIS ARTICLE ARE URGED TO SECURE LEGAL COUNSEL FROM A QUALIFIED ATTORNEY.

RUSSO, DARNELL & LODATO, LLP.
1975 HEMPSTEAD TURNPIKE
SUITE 401
EAST MEADOW, NY. 11554
PHONE: 516-368-0378
FAX: 516-794-5447