Frequently Asked Questions?
Recent Plaintiff Results!
In September, 2009
Richard Coffey obtained a settlement of $1.5 million for a pedestrian struck by a car in a parking lot. The settlement included the entire automobile policy limit as well as a substantial contribution from the property owner.
Try our FAQ search!
- What is "negligence?"
- What does it mean when a car
accident is caused by "negligence?"
- Is it beneficial to investigate a
motor vehicle accident shortly after it occurs?
- How do I know if I have a case?
- What kinds of Motor Vehicle
Insurance are there in New York State?
- Does my motor vehicle liability insurance protect me
if I am in an accident?
- What is "No-Fault" insurance?
- If I've been injured in an auto accident, whose
“no-fault” insurance pays for my medical bills and lost wages?
- What if I was a pedestrian?
- What is a contingency fee?
- If I get an attorney but do not want to go to trial, can I
settle?
The mere fact that someone's hurt because they were in a car
accident or they slipped and fell on someone's property doesn't mean
that they are entitled to receive damages for pain and suffering. In
most cases, you must prove that another party was negligent.
Negligence simply means carelessness. Negligence is a lack of
ordinary care. It is a failure to use that degree of care that a
reasonably prudent person would have used under the same
circumstances. Negligence may arise from doing something that a
reasonably prudent person would not have done or, on the other hand,
from failing to do an act that a reasonably prudent person would
have done under the same circumstances.
The law places on every person a responsibility to operate their
vehicle with care. This law applies to the operation of any type of
motor vehicle. A person's failure to operate a vehicle with
reasonable care is called "negligence." Negligence while operating a
motor vehicle can mean breaking the law, such as speeding, or it can
mean failing to take proper precautions, such as seeing a road sign
or failing to yield when required. If the negligent motor vehicle
operation causes an injury to another person, the owner and operator
of that vehicle can be liable for any damages caused by that
negligence. Such damages include: medical expenses, pain, suffering,
lost wages, loss of income, and other damages arising from the
accident.
Yes. In our experience we have found that the facts of an auto
accident case can be quickly secured by an experienced attorney and
a prompt investigation. Many times crucial evidence can be lost
within days of an accident, by rain, snow, traffic flow or changes
made by a landowner. This can be an important step toward achieving
a quick and positive resolution to your case.
Every personal injury case is different. Only an
experienced attorney can assess your circumstances and advise you of
the best course of action.
Generally, the quicker you seek counsel, the more favorable the
outcome.
If you would be interested in a free evaluation of your case, you
can either tell us briefly of your situation via e-mail, or call us
directly and ask for a free consultation. There is no fee charged
for you or your family to consult with us.
There are 3 kinds of insurance available for
protection and compensation for personal injuries that are caused by
a motor vehicle accident:
1. Motor Vehicle Liability Insurance
2. Uninsured/Under insured Motorist Protection
3. Personal Injury Protection (“No-Fault”)
No, it protects the other vehicle involved in the accident. If
you are at fault and cause injury to another person, your
liability insurance will pay for the damages caused to another
person. New York State law requires that you have motor vehicle
liability insurance in a minimum amount of $25,000.
"No-Fault" insurance, or "Personal Injury Protection" (PIP)
protects the insured even if the injuries are the fault of the
insured and even if no one else is involved in the accident. No
fault insurance provides benefits to victims of motor vehicle
accidents to reimburse them for "basic economic loss." Briefly
summarized, basic economic loss means all necessary doctor and
hospital bills, 80% of lost earnings up to a maximum of $2,000 per
month for up to three years following the accident, up to $25 per
day for a period of one year following the accident for reasonable
and necessary expenses the injured person may have incurred because
of an injury sustained in the car accident (such as the cost of
hiring a housekeeper or necessary transportation expenses to and
from doctors), and a $2,000 death benefit, payable to the estate of
a deceased person killed in an accident (this will be received in
addition to other death benefits as described in the particular
insurance policy).
Under New York State law, your lost wages and
medical expenses will be paid by the insurance company of the
automobile that you're in at the time of the accident. This is
regardless of whose fault the accident is.
If an automobile strikes you, the insurance company insuring the
automobile will pay your medical bills and lost wages, and may be
liable for your pain and suffering.
No-fault automobile insurance does not cover a motorcycle.
Therefore, the insurance company does not pay your medical bills and
lost wages. However, you may be compensated for any injury,
regardless of its degree.
A contingency fee means that your attorney receives a legal fee
only if a financial award is obtained (by settlement or verdict) for
you. At Feldman, Kleidman & Coffey, LLP, our fee is based on a
percentage of what we are able to obtain for you. In short, we don't
get paid a legal fee unless we win your case.
In the course of preparing a case for trial, your attorney will
work with the defense attorneys and insurance companies in an effort
to secure a fair settlement for you. The final decision to accept an
offer of settlement or go to trial is yours alone to make.
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