In Manhattan, New York City, if you sustain injuries in an accident due to someone else’s negligence, you have the legal right to seek damages for your losses. Whether it’s a car accident, slip and fall, or any other injury caused by another party’s reckless or careless behavior, you may be entitled to compensation. The damages you can claim may include medical expenses, lost wages, and pain and suffering. To ensure your rights are protected, it is prudent to consult with an experienced Manhattan car accident attorney.
When seeking compensation for personal injuries, trust the highly rated legal team at Rosenberg, Minc, Falkoff & Wolff, LLP. With over $1 billion won for clients, our dedicated car accident lawyers in Manhattan have what it takes to fight your cause and obtain the largest possible damages on your behalf from the liable parties.
Call us today at 212-344-1000 for experienced and compassionate legal representation.
What are the NYS Policies on Accidents?
A skilled and knowledgeable Manhattan car accident lawyer will be well-versed with the following New York State (NYS) policies, laws, and practices related to accidents.
No-Fault Insurance in NYS
No-fault insurance is a key aspect of the New York State (NYS) insurance framework. The no-fault insurance system aims to provide prompt and efficient compensation to individuals injured in motor vehicle accidents. It prioritizes quick reimbursement for medical expenses and lost wages without the need to establish fault in the accident.
The foundation of no-fault insurance in NYS is laid out in the New York Insurance Law, specifically in Article 51, commonly known as the “New York Comprehensive Motor Vehicle Insurance Reparations Act.”
New York Insurance Law § 5103 – Definitions
This section establishes definitions vital to understanding the terms used throughout the article. Key definitions include those related to “basic economic loss,” “first-party benefits,” and “motor vehicle.”
New York Insurance Law § 5104 – Basic Economic Loss Benefits
Section 5104 outlines the core benefits provided under no-fault insurance. These benefits, collectively referred to as basic economic loss (BEL) benefits, encompass medical expenses, lost wages, and other essential costs resulting from a covered accident.
New York Insurance Law § 5105 – Submission of Claims for No-Fault Benefits
Section 5105 delineates the procedures and requirements for filing claims to receive no-fault benefits. It specifies the timeframe within which claims must be submitted and the information needed for proper processing.
New York Insurance Law § 5106 – Additional Required Personal Injury Protection Benefits
This section details additional personal injury protection benefits that may be available, covering various medical and rehabilitation expenses.
New York Insurance Law § 5108 – Assignment of Benefits
Section 5108 addresses the assignment of no-fault benefits and the circumstances under which such assignments are valid.
The Serious Injury Threshold in New York State
The Serious Injury Threshold is a critical concept in New York State (NYS) personal injury law, determining the eligibility of an individual to pursue a lawsuit for non-economic damages arising from a motor vehicle accident. A robust and diligent car accident attorney in Manhattan, NYC can help you establish the serious injury threshold to maximize damages.
The Serious Injury Threshold is primarily defined in Article 51 of the New York Insurance Law, specifically under sections 5102(d) and 5104(a). These statutes establish criteria for injuries to be deemed “serious” and thus meet the threshold for pursuing a personal injury claim.
New York Insurance Law § 5102(d) – Definitions
This section provides definitions crucial to understanding the Serious Injury Threshold. It outlines various injury categories and characteristics that, if met, qualify an individual to seek non-economic damages beyond the limitations imposed by no-fault insurance.
New York Insurance Law § 5104(a) – Basic Economic Loss Benefits; Additional Required Personal Injury Protection Benefits
Section 5104(a) addresses the interplay between basic economic loss benefits and the Serious Injury Threshold. It specifies that an injured party can only pursue a legal action for non-economic damages if their injuries meet the Serious Injury Threshold.
Serious Injury Threshold Criteria
To meet the Serious Injury Threshold, an individual must sustain injuries that fall within one or more of the following categories:
- Death
- Dismemberment
- Significant disfigurement
- 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 or member
- Significant limitation of use of a body function or system
Understanding the Serious Injury Threshold is essential for accident victims in Manhattan. If an injury qualifies as “serious,” the individual may pursue a personal injury lawsuit against the at-fault party with the help of Manhattan accident lawyers to seek compensation for pain and suffering, emotional distress, and other non-economic damages beyond what is covered by no-fault insurance.
Comparative Negligence in New York State
Comparative negligence is a legal principle that allows courts to allocate fault among multiple parties involved in an accident. In NYS, the doctrine follows the pure comparative negligence rule. This means that even if a plaintiff is partially at fault for an accident, they can still recover damages, but the amount awarded will be reduced in proportion to their percentage of fault.
New York Civil Practice Law and Rules (CPLR) Article 14-A
Article 14-A of the CPLR governs comparative negligence in New York. Key sections include:
Section 1411 – Comparative negligence generally: This section establishes the foundation for the application of comparative negligence in personal injury cases, emphasizing the apportionment of fault based on the parties’ respective degrees of negligence.
Section 1412 – Damages recoverable when contributory negligence or assumption of risk is established: This section outlines the impact of a plaintiff’s contributory negligence on their recoverable damages and explains how damages may be diminished based on the degree of fault attributed to the injured party.
Key Aspects of Comparative Negligence in NYS
Pure Comparative Negligence: Unlike some states with modified comparative negligence rules, NYS follows the pure comparative negligence doctrine. This means that a plaintiff can recover damages regardless of their percentage of fault.
Apportionment of Fault: Courts in NYS determine the percentage of fault for each party involved in the accident. This includes the plaintiff and any defendants. Damages are then apportioned based on these percentages.
Diminished Damages: If a plaintiff is found partially at fault, their recoverable damages are reduced in proportion to their degree of negligence. For example, if a plaintiff is 20% at fault, their damages will be diminished by 20%.
Comparative negligence rule in NYS highlights the need for hiring a skilled car accident lawyer in Manhattan, New York City to carefully deal with the complexities of fault determination.
Statute of Limitations in New York State
The statute of limitations is a crucial legal concept that sets a time limit for initiating legal proceedings after an alleged incident or injury. In New York State (NYS), various statutes dictate the timelines for filing lawsuits in different types of cases.
New York Civil Practice Law and Rules (CPLR) Article 2
Article 2 of the CPLR contains several sections outlining the general time limitations for commencing actions in civil cases. Key sections include:
Section 203 – General provision as to limitation of time: This section establishes the general three-year statute of limitations for actions based on personal injury, medical malpractice, or other non-property damage claims.
New York Civil Practice Law and Rules (CPLR) Article 2-A
Article 2A of the CPLR addresses specific limitations for medical, dental, and podiatric malpractice actions. Key sections include:
Section 214-A – Actions for medical, dental, or podiatric malpractice: This section outlines the limitations for initiating malpractice actions against medical professionals, with a general two-and-a-half-year time limit.
New York Civil Practice Law and Rules (CPLR) Article 2-B
Article 2-B of the CPLR pertains to wrongful death actions. Key sections include:
Section 214 – Actions for wrongful death: This section establishes a two-year statute of limitations for commencing wrongful death actions.
Understanding Statute of Limitations in NYS
Failure to initiate a lawsuit within the specified timeframes may result in the loss of the right to pursue a claim. Get seasoned Manhattan accident attorneys on your side as soon as possible to gain negotiating leverage in terms of time before the statute of limitation expires.
- Personal Injury Claims: The general statute of limitations for personal injury claims in NYS is three years from the date of the incident. This includes injuries resulting from accidents, negligence, or intentional harm.
- Medical Malpractice Claims: Medical malpractice claims must generally be filed within two and a half years from the act or omission alleged to be the cause of the injury.
- Wrongful Death Claims: Actions for wrongful death must be commenced within two years from the date of death.
Mandatory Reporting of Accidents in New York State
Mandatory reporting of accidents is a critical aspect of ensuring public safety, facilitating timely responses, and gathering essential data for analysis. In New York State, specific statutes govern the obligations of individuals, organizations, and entities to report various types of accidents promptly.
New York Vehicle and Traffic Law (VTL) Section 600 – Reporting of Motor Vehicle Accidents
Section 600 of the VTL establishes the duty to report motor vehicle accidents. Drivers involved in accidents resulting in personal injury, death, or property damage exceeding a specified amount must file a written report with the Commissioner of Motor Vehicles within ten days.
New York Vehicle and Traffic Law (VTL) Section 605 – Leaving the Scene of an Incident without Reporting
Section 605 of the VTL addresses the serious offense of leaving the scene of an accident without reporting. Drivers involved in accidents resulting in injury or death must immediately stop and report the incident to the police.
New York Public Health Law Section 2805-m – Reporting Requirements for Hospitals
Section 2805-m of the Public Health Law imposes reporting obligations on hospitals regarding incidents of suspected or actual patient harm during medical care. Hospitals are required to submit reports to the Department of Health for certain adverse events.
New York State Education Law Section 1125 – Reporting Child Abuse or Maltreatment
Section 1125 of the Education Law mandates school personnel and other professionals to report suspected child abuse or maltreatment. Failure to report such incidents may result in legal consequences.
Understanding Mandatory Reporting
Motor Vehicle Accidents: Drivers involved in motor vehicle accidents resulting in injury, death, or significant property damage must promptly report the incident to the Commissioner of Motor Vehicles.
Healthcare Facilities: Hospitals are obligated to report adverse events, incidents, and conditions that may jeopardize patient safety or welfare to the Department of Health.
Child Abuse or Maltreatment: Professionals working with children, such as educators, are required to report suspected cases of child abuse or maltreatment to the appropriate authorities.
Legal Implications of Non-Compliance
- Failure to Report Accidents: Individuals failing to report motor vehicle accidents in accordance with VTL Section 600 may face legal consequences, including fines and potential license sanctions.
- Leaving the Scene of an Accident: Leaving the scene of an accident without reporting, as outlined in VTL Section 605, is a serious offense that may result in criminal charges, fines, and other penalties.
- Healthcare Facility Reporting: Hospitals failing to comply with reporting requirements under Section 2805-m of the Public Health Law may face regulatory actions, including investigations and potential sanctions.
Get a Proven and Capable Manhattan Car Accident Attorney on Your Side
If you have been involved in car crash requiring reporting in Manhattan, NYS, our experienced car accident lawyers Manhattan at Rosenberg, Minc, Falkoff & Wolff, LLP can guide you through the legal process. We understand the intricacies of mandatory reporting laws and can help protect your right to compensation.
Our dedicated accident attorneys in Manhattan, New York have a proven track record of providing exceptional legal representation to injured victims. Don’t face the legal challenges alone—let our century-long legacy of success work for you. To schedule your free consultation, call us at 212-344-1000 or fill out this online contact form.
