Legal Question in Personal Injury in New York

Car accident.

I was hit fron behind while not moving. The other drives admits they were not paying attention. Police wrote an accident report. And give a warning to the other drive regarding their driving. I hurt my hurt when the drive hit me from behind and will have to see a doctor. Do I have a possible law suit.Fault is 100% on the other driver.


Asked on 5/28/09, 8:25 pm

6 Answers from Attorneys

Antoinette Wooten The Wooten Legal Consulting, PC

Re: Car accident.

What type of injuries did you sustain?

Have you seen a doctor yet?

Patricia Martin-Gibbons

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Answered on 5/29/09, 1:22 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Car accident.

I am very sorry for your injury. You have a case. Liability is clear, i.e., the other driver is 100% at fault as he hit you in the rear while you were stopped. The question is, what is the extent of your injuries. In New York you have to prove fault and you also have to prove that you have sustained a serious injury as defined by the No-Fault Insurance Law. Contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT and visit us on the web at www.1800wefight.com for useful information on accidents. I look forward to fighting hard for your rights. We have convenient locations all over New York.

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Answered on 5/29/09, 7:12 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Car accident.

Possibly give me a call and we can talk about it. Please note that in NY your damages have to meet the requirements of the NY no fault statute. If you would like you can also check out my website www.kesslerlawyer.com and click the automobile section to get some information about the NY no fault statute

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Answered on 5/28/09, 8:31 pm
David Owens, Esq. Molod, Spitz & DeSantis

Re: Car accident.

Under New York law you may pursue a claim for personal injuries arising out of an automobile accident so long as your injury meets a statutory definition of a "serious injury.". You should seek follow-up treatment immediately and contact an attorney as soon as possible in order to protect various rights you have to no-fault and other insurance benefits. Please feel free to call for a free consultation.

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Answered on 5/28/09, 8:34 pm
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: Car accident.

You need to see a doctor for your injuries right-a-way. If you are missing time from work, you may be entitled to lost wages. If your injuries are "serious", you may be entitled to money damages once your treatment is finished. There are many things involved in a successful personal injury claim. Feel free to call my office for a free no-obligation consultation at www.WeSettleClaims.com

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Answered on 5/29/09, 12:03 am
John Harwick, Esq. Hacker Murphy, LLP (www.hackermurphy.com)

Re: Car accident.

Yes. You have a potential claim to recover money damages for pain and suffering, depending on whether your injury qualifies as a "serious injury" under NY law. You should consult with a lawyer if you are hurt. Do not speak with the insurance company for the other driver and do not sign anything they send to you.

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Answered on 5/29/09, 6:20 am


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