Category Archives: Car Accident Cases

Car Accident Cases In New York – Part 1: Personally Injury Generally

1. PERSONAL INJURY – GENERALLY
Generally, if you are injured by the negligent conduct of another person or entity (such as a corporation), you have the right to sue that person or entity to recover your losses commonly referred as your damages. Of course, you will have to be able to prove that the other person or entity owed you a duty of care; that they were negligent in exercising their duty of care; and that as a result, you suffered damages. An injured party incurs two types of losses; economic losses and non-economic losses.
Economic losses include, but are not limited to, medical expenses, transportation and damaged or destroyed property. Non-economic losses are pain and suffering. Determining economic losses is fairly straight forward. Economic losses are determined by calculating the total expenses. In other words, the total sum of the injured party’s medical bills less any insurance payments, lost wages less any income such as unemployment or disability payments and any other non-economic losses.
Non-economic losses means pain and suffering and similar non-monetary damages. While there are set rules or guidelines assigning specific monetary damages for specific types of injuries, damages for pain and suffering must be reasonably related to the extent of the pain and suffering. The amount of damages (money) recovered by an injured party will be determined either by settlement between the parties or, if a settlement cannot be agreed upon, by a jury.
However, in New York State, personal injury cases arising from motor vehicle accidents is governed by the Motor Vehicle Reparations Act commonly referred to as the “No Fault Law.” The No Fault Law actually makes recovery for economic damages (medical expense, lost wages, etc.) much easier because an injured party may recover up to ,000.00 for economic damages regardless of fault. However, the No-Fault Law actually makes it more difficult for an injured party to recover for pain and suffering by limiting recovery for pain and suffering to those injured parties who have suffered what is referred to as a serious injury. In other words, if you are injured in a car accident and suffer injuries, even significant injuries, you may seek damages (monetary compensation) for those injuries unless they meet the serious injury threshold.
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Car Accident Claims - Frequently Asked Questions - Virginia Personal Injury Cases BGL119

http://www.benglasslaw.com Virginia personal injury attorney Ben Glass answers the most frequently asked questions about car accident cases. Should I talk to the adjuster; should I sign the forms, who will pay the bills
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A Dirty Little Secret About NY Car Accident Cases & Car Insurance Coverage

A Dirty Little Secret About Car Insurance Coverage in NY Car Accident Lawsuits
http://www.Oginski-Law.com/

NY Car Accident & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

In a car accident case in New York where you are seeking compensation as a result of someone else’s carelessness is critical to know how much available insurance the owner of the car had at the time of the accident.

Owners of cars in New York are required to have insurance so that if an accident happens, there is available money to compensate the victim who suffered harm.

However, there are some instances where the owner of the car will have only the minimal basic insurance policy that may be insufficient to cover the full extent of your injuries and damages.

In that instance, we look to see if there is any other available insurance such as underinsurance coverage, excess insurance, an umbrella insurance policy, a homeowners insurance policy or more.

Typically, an attorney who takes on a case involving a car accident case that has limited insurance available will typically not go after the wrongdoing party personally. There are some limited instances where that will occur, but for the most part, an attorney looks to go after the available insurance and excess insurance in order to provide you with full and fair compensation for your injuries.

Watch the video to learn more…

Here’s a cardiac malpractice case where I was able to achieve a million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm

Here’s a foot surgery case where a Westchester, NY jury awarded my client .55 million dollars for her pain and suffering: http://ow.ly/azKg6

To learn more about how car accident cases work in the state of New York, I encourage you to explore my educational website, ‪http://www.Oginski-Law.com‬.

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.

Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com
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Legal Remedies for Car Accident Cases

There were over 5.5 million car accidents across the United States in 2009 alone. In those, the National Highway Traffic Safety Administration (NHTSA) reports that 33,808 fatalities occurred, and over two million people suffered life-changing injuries as a result of their accident.

 

Because car accidents often involve negligence, victims can recover damages by filing a lawsuit against reckless drivers. According to legal experts, one can seek legal remedies to recover  expenses for an injury. These include among others: hospital expenses (which includes doctors’ fees, therapy and rehabilitation, medical examination, hospital stay, medications, and future health needs), loss of income, compensation for partial or complete disability, pain and suffering, and property damages.

 

It is important to remember that while reckless drivers are the main cause of accidents on the road, several incidents have also been attributed to defective auto parts, resulting in serious injuries or even death among drivers and passengers. Legal experts say that victims can also file a lawsuit against auto makers, dealers, and suppliers to recover damages if the accident is caused by a defective auto part.

 

When a car accident occurs, there are laws that mandate who has to pay for the damages. For instance, there are states with contributory negligence laws, while others have comparative negligence rules. There are also states with the 50 percent rule, others have a 51 percent rule, and there are also differences between fault and no fault states. It is best to consult an Oakland car accident attorney to know which rule applies to your state and situation.

 

While differences in law often have a significant impact on what happens after the car accident, perhaps the biggest factor in the courts’ decision whether or not to convict the defendant is the determination of who was at fault. In some lawsuits, liability determination is very straightforward. It is relatively easy to determine who was at fault in the accident that occurred with the help of a good Oakland car accident attorney.

 

Other times, it is not clear who was at fault or whether any one driver did anything to be held responsible. In such cases, it is important to understand what negligence means, as explained by an Oakland car accident lawyer. The concept of negligence arises from the basic premise of tort law, which personal injury law derives itself from. This means that the party at fault is responsible for damages for breaching legal duty, leading to injuries sustained by the plaintiff.

If you have questions, please visit us at MastrangeloLawOffices.com for complete details and answers.

Litigating Car Accident Cases

Car Accidents

Statistics have revealed that the average individual is likely to be a victim of an accident at least once in his or her lifetime. Furthermore, surveys conducted by the National Highway Traffic Safety Administration have also revealed that car accidents are responsible for up to 50,000 deaths annually with almost 2 million survivors left with varying degrees of injuries. These facts shouldnt really come as surprises considering the fact that over 72% of Americans hold valid licenses and as such, car accidents are bound to happen daily. However, what causes consternation is the prevalent cause of most accidents.

Causes of Car Accidents

Several factors are responsible for the occurrence of car accidents. Some of them include: faulty cars, driver error, failure to obey traffic rules and regulations, poor design, construction and maintenance of roads, distracted driving and a host of others. Experience has shown that a common thread usually connects accidents regardless of the specific cause(s) of the accidents. This underlying factor has been found to be negligence as revealed by evaluation of most car accidents. For instance, taking driver error as an example, a lot of accidents typically involve drivers who disregard speed limits and other rules. This type of negligence (and several others) has resulted in the deaths of millions of victims and is unjust.

The need for Car Accident Litigation

Apart from fatalities, a lot of victims are left with life altering and permanent injuries and disabilitiesall because of the negligence of another entity. Thankfully, victims are not without hope in such cases. Car accidents are categorized under personal injury and provided a case of negligence and liability can be proven against a defendant in court, victims are awarded compensation to cater for damagesboth present and future. Thus, if you have been involved in a accident or know people who have been in car accidents, there is a need to get in touch with an attorney in order to initiate steps leading to compensation.

The large number of attorneys specialized in car accidents and other personal injury cases can actually be misleading in terms of competence and ability to deliver. Thus, you need to scrutinize the attorneys credentials viz.: experience, track records, reputation and verdicts obtained in the past before casting your lot with him or her. Remember that a good attorney will improve the chances of receiving adequate compensation.

Tricia Mills is an online writer. She write articles of any topics. She treats her work very special as something that inspires her. It is the best way that she could express her emotions. Moreover, she really likes to write articles about the importance of a Lawyer and an Attorney to the lives of an injured victims in an accident cases and personal injuries as a result of others negligence.

Car Accident – The Hospital

Sophie, a 16 year old hit and run victim, is admitted to The Hospital with severe injuries to her foot, the case is so severe that she may face amputation.

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Orlando, Florida attorney Ronald S. Gilbert of Colling Gilbert Wright & Carter discusses settling car accident cases out of court.