Do I Have a Car Accident Case?

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Attorney Richard Kenny | 888-981-5253 | Free Consult | No Fee Unless You Win

After a crash, many survivors wonder: do I have a car accident case?

As New York attorney Richard Kenny explains in this video, there is a law in New York that limits who can file a car accident lawsuit. The best way to find out if you have a car accident case is to contact a lawyer, schedule a free consultation, and learn about your options.

The Law Office of Richard M. Kenny has represented over 1,000 people throughout New York City, including those in the Bronx, Brooklyn, Manhattan, and Queens. To learn more, schedule a free meeting by calling 888-981-5253 or by submitting a contact form on this page.

What is the New York No Fault Threshold Law?

Normally, you would turn to your car insurance company for assistance with medical bills and lost wages after a car accident causes injury. However, in some cases, you can file a personal injury lawsuit against the at-fault driver to seek additional compensation.

To limit a logjam in the courts, New York has created a threshold law which states that you must have a serious injury to proceed with a car accident lawsuit. This applies to people injured in vehicle collisions, bicycle accidents, pedestrian accidents, scooter accidents, and any other type of accident involving a vehicle.

New York defines a “serious injury” as one that incurs more than $50,000 in costs. This includes the cost of medical care (including physical therapy and psychiatric care), lost wages from missing work (up to $2,000 per month), and other expenses (up to $25 a day).

How Can a Car Accident Lawsuit Help Me?

With the help of an attorney, you can receive compensation to cover:

  • Past and future medical expenses
  • Past and future lost wages if you missed work, or can no longer work the same job
  • Vehicle repair costs
  • Rental car costs
  • Costs that are harder to put a price on, like pain, suffering, disfigurement, and loss of enjoyment of life

After meeting with an attorney and going over the facts of your case, they will launch an investigation to determine what happened. If their investigation revealed that the other driver acted with negligence, they could be legally liable for the damage you sustained in the accident. Examples of negligence include:

  • Driving drunk
  • Texting and driving
  • Failing to yield proper right of way
  • Running a stop sign or red light
  • Speeding
  • Failing to look for pedestrians, cyclists, or other vehicles before turning or merging
  • Breaking traffic laws

Personal injury attorneys like Richard Kenny offer free consultations to car accident victims, and they charge no fees out of pocket. Your attorney only gets paid if they help you achieve compensation via verdict or settlement.

To learn more, contact Richard Kenny by calling 888-981-5253 or by submitting a contact form on this page.

Transcript:

Rob Rosenthal:

Here’s a quick question from AskTheLawyers.com. How do you know if you have a case after you’re in a car crash? Attorney Richard Kenny of New York City has this answer.

Richard Kenny:

We have in New York what’s known as the New York No Fault Threshold Law, and it was instituted somewhere in the area of about 40 years ago. And it was enacted for the specific purpose of preventing cases that shouldn’t be tying up the courts or causing logjams in the courts. And what it does is it requires an individual who’s involved in an automobile related accident, whether you’re in a car, whether you’re a pedestrian or bicyclist, to sustain a serious physical injury. So the first question that has to be answered is, do you meet that threshold? You have an injury that is compensable under the New York threshold law? In that regard, I would advise your listeners to seek the counsel of a lawyer here in the city of New York.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.