While most drivers strive to be careful and safe behind the wheel, not every driver respects this responsibility on the road. With so many cars and drivers in New York, accidents are inevitable. In 2014, the latest year for which statistics are available, the New York Department of Motor Vehicles reports there were over 299,000 car crashes in the state. These accidents included 966 fatal crashes and over 118,000 crashes that caused injuries to drivers and passengers. In many of the crashes, the failure of a driver to make a responsible choice behind the wheel led directly to the pain and injury of another. In the cases of these preventable crashes, the state of New York recognizes that accident victims should not have to carry the burdens associated with the accident alone. Victims are entitled to file a legal claim to hold the responsible party accountable and to seek compensation to meet the medical, emotional, and financial demands of recovery.
If you or someone you love has suffered injuries in a car accident in New York, you may be eligible to file a claim. Call Oginski Law to speak with experienced attorney Gerry Oginski at 516.487.8207. He can answer your questions and help you understand your rights under the law.
New York, like a handful of other states, is what is known as a “no-fault” state when it comes to car insurance. In a no-fault state, anyone who is involved in a car crash must turn first to their own insurance company to pay for the costs associated with the accident, including medical bills, lost wages, and more. This is true regardless of who was at fault for the accident, hence the no-fault moniker. No-fault insurance does not provide compensation for pain and suffering, and many claims are handled exclusively by one’s own insurance company.
However, there are cases in which the victim can move outside the no-fault system to file a liability or personal injury claim against the person responsible for the accident. These claims do allow victims to recover compensation for a wider range of expenses than the typical insurance policy. Some states determine when this is appropriate with a monetary threshold. New York has set a “serious injury” threshold, which sets the standards to allow a victim to file a claim. A serious injury in New York includes:
Within these guidelines, the definitions can be rather vague. Often, it is incumbent on the victim to show how the injuries warrant a legal claim. A skilled attorney can help accident victims evaluate their unique situation and decide how to best move forward with a claim. New York lawyer Gerry Oginski has been helping individuals hurt in car accidents pursue these cases for years. He brings a thorough knowledge of state law and an understanding of what it takes to mount a successful case. If you have questions about your potential claim, call his Great Neck office today at 516.487.8207 to learn more.
When filing a personal injury claim after a car accident, victims can obtain compensation to cover a number of situations. Victims can be awarded money by the court or accept a settlement offer to cover:
We’ve all seen those irresponsible drivers race down the road, or we know someone who has suffered when another driver acted negligently. If you have the unfortunate experience of being involved in a car crash, you can suffer any number of physical and emotional injuries, and you should not have to face those consequences alone. Sadly, though, at every step along the process, others will be out to protect their own interest and their own bottom line.
That’s where experienced lawyer Gerry Oginski can help. A passionate advocate for New York victims, he has been working to protect the rights and obtain just compensation for victims for the past 16 years. Gerry started out his career defending insurance companies, so he has a full understanding of their goals and their tactics, which he can use to help you negotiate the maximum settlement you deserve. If your case has to go to court, Gerry’s guidance can help you present the most comprehensive case possible. He can help you locate physical evidence, obtain medical records, secure expert witnesses, file appropriate court documents, and offer your case at trial.
If you or someone you love has suffered injuries in a car accident, don’t delay in getting the help and advice you need today. New York victims have just three years from the date of the accident to file a claim. After that time, the courts may refuse to hear the case. Call Oginski Law today to learn more about your legal options at 516.487.8207, or take a moment to fill out our online contact form for a prompt, personal response.
Description: Loss of consortium is part of any damage claim in an accident or medical malpractice case. It really means loss of intimacy with your spouse. Lack of sex is a
Description: Careless driver says he wasn't careless. Instead, blames accident on defective brakes. Problem is that he trashed the car and there's nothing left to inspect.
Description: In a NY car accident case, why is it important to learn how much insurance coverage is actually available when you sue for compensation for your injuries?
Description: Who pays your medical bills in a traumatic car accident here in New York? No fault does. But they only pay a certain amount. Who pays the rest? Read on to learn
Description: A new study of New York State driving records blames distraction for causing the most young driver crashes. In 2007 and 2008, the leading cause of crashes for
Description: The New York Times is reporting on a handful of lawyers in the city, who are working to fight what they believe are improper summonses leveled against cyclists,
Description: An ironic accident recently has shed some light on the controversy over motorcycle helmet laws. A motorcycle rider protesting the state helmet laws crashed and
Description: Long Island suffered a difficult road day on Tuesday, sustaining two accidents, as reported by a Newsday rundown. The first crash occurred just after noon, at
Description: An automobile accident is a traumatic experience, one that brings on various mixed feelings. On the one hand you’re grateful to be alive, but on the other you’re wondering how you’re going to cope with the injuries the mishap has left you with. Different accidents give rise to different kinds of mishaps, so your treatment needs tend to vary accordingly. In general, if you suffer broken bones and sprained muscles, you may need surgical care first before moving on to physiotherapy.
Description: 5BBC advocates for your right to ride, and to ride safely
Your bicycle club has joined with Transportation Alternatives and other organizations in efforts to restore 24-hour bicycle access to the George Washington Bridge.
We promote the Bike Safety Action Plan, a set of workable proposals to make your city a safer place to ride.
Safe bicycle riding begins with YOU. Here are some of our favorite tips for a safe ride.
Welcome to the website of New York's Five Borough Bicycle Club. We invite you to explore these pages, then get on your bike and explore the city and countryside with us.
We offer day rides every weekend and many holidays. We also offer multi-day weekend trips, monthly meetings, and classes on bike repair. And each May, the 5BBC hosts New York's bicycling event of the year, the Montauk Century.
Description: The new law seriously limits the time an injured victim has to file a claim with their insurance company. You must act quickly to retain the benefits of your insurance company paying for your medical expenses related to the car accident.
Description: COMMON QUESTIONS ABOUT BICYCLE
AND PEDESTRIAN TRAFFIC LAWS IN THE STATE OF NEW YORK.
Description: How to File a Complaint or Make an Inquiry using our Online Forms. Auto, Health & Life insurance questions and answers.
Description: Bicycle accident attorney, Michael Colbach also handles Vehicle Accidents, Automobile, Motorcycle, Bicycle, Truck, Bus, Light Rail, Scooter, ATV - All Terrain, and Snowmobile accidents.