A successful motor vehicle accident claim requires a deep understanding of New York law and a strategic approach to litigation.

• Serious Injury Threshold (N.Y. Insurance Law § 5102): To file a lawsuit for pain and suffering, your injuries must meet the legal definition of “serious.” This includes conditions like bone fractures, significant disfigurement, or a non-permanent injury that prevents you from performing your normal activities for at least 90 out of the first 180 days following the accident. We work with your medical providers to meticulously document your injuries to meet this threshold.
• Statute of Limitations (C.P.L.R. § 214): In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. Strict deadlines also apply to no-fault claims (30 days from the accident to file an application). Our firm ensures all critical deadlines are met to preserve your right to compensation.
• Pure Comparative Negligence (C.P.L.R. § 1411): This law allows you to recover damages even if you are partially at fault for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you are 10% at fault, your award will be reduced by 10%. We work to minimize any perceived fault on your part.

• Comprehensive Investigation: We conduct a thorough investigation, gathering all necessary evidence, including police reports, medical records, photographs, and witness statements. We are also prepared to work with accident reconstruction experts when necessary.
• Aggressive Negotiation: Insurance companies are in the business of minimizing payouts. We handle all communications with insurance adjusters and are prepared to aggressively negotiate for a fair settlement that reflects the full extent of your damages.
• Strategic Litigation: While we strive to settle cases efficiently, we prepare every case as if it’s going to trial. This preparation sends a strong message to the insurance company that we are ready to fight for your rights in court, often leading to more favorable settlement offers.

While every case is unique, a motor vehicle accident claim can result in several possible outcomes:

• Settlement: The majority of personal injury cases are resolved through a settlement agreement with the insurance company. We will advise you on whether a settlement offer is fair and in your best interest.
• Arbitration/Mediation: If a settlement cannot be reached, we may pursue alternative dispute resolution methods like arbitration or mediation, which can lead to a quicker resolution without the need for a full trial.
• Trial Verdict: If a fair settlement is not possible, we are prepared to take your case to court. A successful trial verdict can result in a court order for the at-fault party to pay for your economic and non-economic damages.