Manhattan Motor Vehicle Accidents Lawyer
The borough of Manhattan experienced over 22,000 crashes in 2019, causing 36 deaths and nearly 8,000 injuries. By filing a Personal Injury Protection (PIP) claim, persons injured in a Manhattan motor vehicle accident can recover up to $50,000 in no-fault benefits for their medical expenses, lost earnings and other qualifying economic losses. PIP coverage is enough to sufficiently compensate most people who get hit in a collision with another vehicle, but not always. In some cases, basic no-fault coverage is woefully inadequate to compensate for a severe or permanent injury and the lifetime of additional costs, pain, and suffering a serious accident can cause.
Manhattan motor vehicle accident attorney Michael Gunzburg takes on the most serious car accident cases in New York City. Our firm has recovered numerous six and seven-figure settlements and verdicts for clients injured in car, truck and motorcycle accidents, including tractor-trailer crashes, rear-end collisions, pedestrians struck by cars and buses, bicycle wrecks, taxi collisions, and more. If you’ve been severely injured in a motor vehicle accident in Manhattan, you need the help of an experienced and dedicated team committed to getting you the best result and maximum compensation available. For serious car accidents in Manhattan, Michael Gunzburg, P.C. is the law firm you need.
What Is the “Serious Injury” Threshold in Manhattan Auto Accidents?
New York has a no-fault insurance system that allows you to claim benefits for your medical bills and lost wages without having to sue the other driver and prove they were at fault. Even if your own negligence caused the crash, you can still recover no-fault PIP benefits for your economic losses, up to $50,000 on a basic policy.
If your damages exceed your no-fault policy limits, you might be able to step outside the no-fault system and sue the negligent driver for the full measure of your damages. In this case, you’ll have to prove the other driver was at fault by showing they were negligent, reckless, distracted, drinking and driving, speeding, etc. Whether negotiating with the insurance company or proving your case in court, you’ll need to convincingly demonstrate the other party’s fault and liability to you and justify the amount of compensation you are seeking. Before you can file a lawsuit, however, your injuries have to cross the “serious injury” threshold. In New York, your injury must meet the criteria for a serious injury before you can sue. A serious injury is defined as one of the following:
- 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 a body organ or member
- Significant limitation of use of a body function or system
- Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
Some of these conditions are easier to prove than others. In difficult cases, the insurance company will try to undermine your case by claiming your injuries come from a pre-existing condition or an intervening injury that happened after the accident. If there is any gap in treatment – if you missed a doctor’s appointment, for instance – they’ll argue that your injuries must not really be serious. They’ll also attack your medical records or the testimony of your medical expert regarding the serious nature of your injury and whether it was caused by the crash.
Surviving these onslaughts and proving your case to a judge, jury or outside of court requires knowledge, skill and determination. At Michael Gunzburg, P.C., we are passionate about the law and compassionate with clients. We work to ensure you get the care you need and strive to get the best results possible. Our firm only accepts a limited number of serious cases so that we can spend the time it takes to prepare and present a successful case.
Help Is Available After a Manhattan Motor Vehicle Accident
If you or a loved one has been hurt in a Manhattan motor vehicle accident, call Michael Gunzburg, P.C. for a free consultation at 212-725-8500. Our fee is based on the recovery we obtain for you, and if we aren’t successful, you don’t owe us anything. Call today, and let us help you on your road to recovery.
