When a person retains the law firm of Weinstein, Chase, Messinger, and Peters, they are essentially getting a team that is a law firm to handle their case in the best way possible. There will be one attorney who’s in charge of your case, that you’ll meet at the outset, who will determine if you […]
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New York law provides that only people with a serious injury can proceed with that case. Serious injury is defined by the state as death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ […]
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First of all, the vehicle that struck you, to their own insurance, is supposed to provide no fault benefits. Even if you’re at fault, that vehicle provides insurance to get your medical benefits paid and to get lost earning paid, if you’ve lost earnings from work. Then, the second portion of any claim like that, […]
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A wrongful death claim must be brought by a personal representative of the estate of the decedent. That is one of either two parties; an executor under a will or, where there is no will, an administrator who is appointed by the probate court in New York to represent the estate. In terms of who […]
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In a two car accident, if someone comes to me and they’re injured and I want to bring a claim on their behalf, I would typically make a claim against both parties/both vehicles, and let the defendants sort out who’s at fault. Don’t forget, although it can be awkward, you, as a claimant, are looking […]
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The first thing to remember is, if you’re a pedestrian, bicyclist or driver or occupant of a car, the insurance of the car that struck you, pays your medical benefits through a system that is called no fault insurance or no fault insurance benefits. In most situations, a person who is hurt in an automobile […]
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Personal injury cases are somewhat unique. My office, and most lawyers in New York State, will sign a client up for a case on what’s called a contingency fee basis. This means that there is no money paid hourly by the client. It is only if there is a successful recovery at the end of […]
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If you, the injured person, were in your own car and you had insurance, there’s protection in your insurance policy under what’s called SUM, supplemental uninsured motorist protection that covers situations like that so that you’re able to get a recovery from your insurance company. The motor vehicle accident indemnification corporation in the State of […]
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Yes, you can absolutely sue the other driver for your injuries. Sometimes the driver of the other vehicle is not the owner of the car. In that instance, you would sue both the owner and the driver of the vehicle that caused the accident and caused your injuries.
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Generally speaking, in New York, the statute of limitations is three years. However, there are variations on those three years. For example, if the claim to be made is against a municipality, such as the City of New York or anything associated with the City of New York like police or fire departments, there are […]
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