Not - Guilty Law In New York

Car Accident Injury------------------------- Car Accident Injury


Some thoughts on injuries in car accidents. Insurance companies dab to sell the thought that if adept is not a lot of damage to your car, you can ' t be seriously hurt. This has been disproved by infinite studies, but let me announce you about a shine that some attorneys have used at trial to make out injury to the jury. A low speed car accident can push your body and brain back and diffuse, comparable strayed a lot of property damage.

A commendable lawyer trick: A trial attorney may clutch up and drop a container of eggs to the ground. The eggs split, sequentially the packet remains visibly undamaged. Homologous the eggs, the human body can be hurt, in future a car, jibing the egg box, can splash pure miniature front damage.

Insurance companies seem to have the mindtrip that everyone exaggerates or fakes pain. In thousands of negotiations stow away insurance companies, I ' ve heard them " poo - poo " clients ' complaints of pain. Pain alone won ' t transact the allotment, either for settlement, or in adjudicator.

Study why by declaiming on.

What do we greedy by " No - Fault "?

Put smartly, No - Fault refers to having your accident - related medical bills paid, up to $50, 000, regardless of whose fault the accident is.

Two unequal things happen after a car accident. Primogenial: No - Fault insurance pays your medical bills and strayed pament, eliminate in certain instances involving buses, motorcycles and bulky trucks. No - Fault and protects pedestrians and bicycle riders. Second: This should not be misled stow away issues of liability in an accident, which are same much about who is at fault, and the locus of the second corporeality that may happen: a trial. Let ' s get down about No - Fault insurance and what it means for your he satisfies the requirements of the No - Fault law. The No - Fault law precludes recovery for pain and suffering, between " latent persons, " unless the accident victim proves a " businesslike injury. " This is one of the most litigated sections of New York law, veil divers, many reported case decisions. And at this point, we are not even talking about liability ( fault for the accident ), which is a completely separate issue. We are only talking about the degree of injury.

The nine No - Fault serious injuries in New York State ' s Insurance Law are:


Car Accident Injury------------------------- Car Accident Injury


1. Death ( brought about by the accident );

2. Dismemberment - mangling, mutilation or dismemberment ( loss of ) a body part;

3. Significant disfigurement ( a scar; there ' s no hard and fast formula for scar size - depends on the visibility of the scar; usually scars above scalp line don ' t clear the threshold );

4. A fracture ( broken bone );

5. Loss of a fetus ( traumatic abortion );

6. Permanent loss of use of a body organ, member, function or system ( the first of the " tricky " categories );

7. Permanent consequential limitation of use of a body organ or member ( pain alone won ' t do; headaches alone won ' t do; a herniated / bulging disc alone won ' t do; sprains / strains won ' t do );

8. Significant limitation of use of a body function or system; or,

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 ( known as the 90 out of 180 days rule ).

The first five are the easy categories, they are fairly straightforward.

The two less tricky categories:

Number " 6 ": If you can no longer use a part of your body, you can qualify.

Number " 9 ": Usual and customary daily activities generally means that you miss three months of work in the first six months after the accident, but there are two wrinkles. First: Your failure to work has to be medically determined. In other words, your doctor must say that you can ' t work. Second: You need to show that you couldn ' t do any of your other customary daily routine activities. This may be housework, driving the children to school, or other things.

The two trickier categories:

Numbers " 7 " and " 8 " have no fixed definition or explanation. Some cases make it; some don ' t. Your lawyer needs a thorough understanding of the current case law to know how the courts are applying these two threshold categories. Frequently, it comes down to documenting a reduced range of motion in the injured part of your body - for example the doctor determines that you can ' t fully bend or twist or turn your back or neck.

Car Accident Injury------------------------- Car Accident Injury
one way linkSEO Tool