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The Effect of “No Fault” Laws on Your Personal Injury Case

According to the National Highway Traffic Safety Administration (NHTSA), there were 32,675 people killed in motor vehicle crashes on US roadways in 2014. Injuries were suffered by an additional 2.3 million people the same year. According to annual national road crash statistics, there are more than 37,000 motor accident deaths in the country and an additional 2.35 million suffer injuries or disabilities. The US spends $230.6 billion per year on road crash costs, which is an average of $820 per person. If the no-fault system is used in your state law for car accident cases, you may have limited option options for a personal injury claim. If you live in a no-fault state, the procedure and potential outcome of any auto accident personal injury case is impacted by no-fault laws. The statute is likely to limit your potential sources for damage recovery, and it restricts your ability to bring a lawsuit as well.

No-Fault Law Limits Potential Recovery Sources

No-fault laws are in effect in about a dozen states at present. They put severe limitations on potential sources of financial recovery after an auto accident. No-fault law’s guiding principle is that the law requires all drivers to insure themselves against potential injuries and damages caused by an auto accident. This is why your own insurance company is your first and legally-preferred recovery source if you have suffered injury in a motor accident in a no-fault state. You may file suit against another party to recover damages only if you meet certain statutorily specified conditions. Whether you have been suffered injury or your vehicle sustained damage in an auto accident, you are required by no-fault law to first collect from your own insurance company. You must collect through a “Personal Injury Protection (PIP) claim”. There is a minor exception to this rule which is in the form of “mini-tort” statutes. A “mini-tort” claim is a statutorily defined claim that is paid by the other driver’s no-fault carrier. Under the law, the mini-tort claim amount payable is usually somewhere between $500 and $1,000. You may be required by your insurance company to file a mini-tort claim as a matter of course, even if the mini-tort amount is lower than your damages. In most cases, the proceeds of the mini-tort are then deducted from any payout your insurance company makes. No-fault laws are designed to lower the number of lawsuits filed in state court for auto negligence. When payouts are statutorily mandated, placing conditions to restrict your ability to file a lawsuit and requiring insurance, auto negligence claims do not overrun courts. Non-fault claims are not allowed to have non-economic damages, and this is one major reason why such legislation is supported by insurance companies. Suits can be brought and non-economic damages can be collected only in the most serious and life-altering cases. Recovery for your economic damages, lost wages, medical expenses, and documented costs for repair and replacement, is effectively limited.

No-Fault Laws can Expedite Recovery

No-fault laws are restrictive, but they do serve a purpose. Your own insurance covers you if you sustain minor injuries or simply total your vehicle with no injury at all. A lawsuit is not as adversarial as an insurance claim. Additionally, compared to the court system, the turnaround time for your claim payment is much faster. Although certain aspects of your claim may be disputed by insurance companies, the fact is that the system works well, especially when it comes to recovering damages after a minor auto accident. If you or a loved one is injured in a car accident and you live in a state that requires PIP, you should seek the help of a personal injury lawyer at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. Give us a call. We know this arena. We know how to build strong cases and we know a winning case when we see one. What do you have to say?

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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