Legal Question in Personal Injury in New York

I got into a car accident 2 weeks ago. To make a long story short, a woman ran a red light and hit my car and a public bus. This woman had no care and did not even come over to see if anyone was okay. I was rushed to the ER with a concussion and a deep laceration to my head. I now have a scar on my face, and massive headaches from the hit to the head/concussion. My boyfriend, also in the car is suffering severe back pain. She tried to say it was our fault, but the police report says that she ran the red light. Can I sue her?

Asked on 2/27/10, 5:48 pm

6 Answers from Attorneys

Andrew Frisch Morgan & Morgan, P.A.

It sounds like both you and your boyfriend have valid cases. Additionally regardless of who was at fault, you may be entitled to have your medical needs and lost wages, resulting from the accident, paid for by no fault car insurance. I regularly handle these cases. If you'd like to discuss this further feel free to give me a call at 1-888-FRISCH-LAW.

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Answered on 3/04/10, 6:00 pm
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Yes, you can sue, provided you can support your claim for serious injuries under NY law. You need an experienced car accident lawyer to bring a successful claim. Feel free to contact my office for a free no obligation consultation at 718-616-1414.

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Answered on 3/04/10, 6:18 pm
Joseph Macaluso Macaluso & Fafinski

There are several claims that can be filed. To begin with, you must file a No-Fault claim within 30 days, so that your medical/hospital bills are paid. Also, and depending on the severity of the injuries, you can file a claim for pain and suffering, provided that your injuries qualify under the New York State Insurance Law. Give me a call if you have any questions at 718 364-4000.

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Answered on 3/04/10, 6:21 pm

Is there any doubt? Best, M. E. Zuller

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Answered on 3/04/10, 6:41 pm
Jeffrey Donato Jeffrey M. Donato, Esq., P.L.L.C.

I agree with the answers provided that based on the facts as outlined in your question, it seems that you and your boyfriend do have a case.

From the zip code you provided in your question, I see that you are in East Northport. Although I am sure the other attorneys are all fine, my office is located in Bohemia, just about 15-20 minutes from your location. If you are interested, I can provide you a FREE INITIAL CONSULTATION in my office, or at a mutually convenient location. I have been practicing personal injury for years, and know the "ins" and "outs" or practicing in Suffolk County.

Please feel free to contact me at the office at your convenience.

Jeffrey M. Donato, Esq., P.L.L.C.

80 Orville Drive, Suite 140

Bohemia, New York 11716

Office: (631) 244-1484

Fax: (631) 244-1418

Cell/Text: (631) 978-1067

E-Mail: [email protected]


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Answered on 3/04/10, 6:55 pm
Pasquale Calcagno Calcagno & Associates, PLLC

You and your boyfriend certainly seem to have valid claims if all of the information you are providing is accurate. It is critical that you and your boyfriend file a No-Fault claim within 30 days of the accident so that your medical bills and lost wages (if any) are to be paid. Failure to do so may result in a denial of benefits for you.

Additionally, you probably have a pain and suffering claim against the other driver, provided you meet the No-Fault threshold law of New York.

Kindly contact me, Pasquale Calcagno, Esq., for a free, no obligation consultation at 1(800)WE-FIGHT. You can also visit us on the web at

We have convenient locations all over New York and can even have an attorney come to you upon request. I look forward to speaking with you and fighting hard for your rights.

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Answered on 3/08/10, 1:27 pm

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