Personal injury law has wide ranging implications and subcategories that affect various laws. Especially when you wish to make a claim to an insurance provider or file a lawsuit there are different ways of classifying the injury and whose insurance is responsible for providing compensation for the injury.
Two laws that we are asked about most are Bodily Injury law and No Fault law pertaining to New York State. So we have outlined in the following article some of the most important pieces of information you need to know if you are thinking about bringing a personal injury lawsuit.
Bodily is most relevant in cases where one party has clearly caused harm to the other party. Harm for bodily injury is referring specifically to damage done to the body, where it be bruising, broken bones, sprains, scrapes, cuts or anything else. It does not refer to emotional harm or pain and suffering.
When someone has bodily injury coverage on their insurance policy, this is to cover the costs in the case they have caused an injury to the body of someone else. This is very common in at fault states where after an auto accident each driver’s own insurance would pay for the damage done to the other persons in the accident. Insurance would cover the car repair and bodily injury would cover the expenses related to the damage caused to the other person’s body. It can also be common in homeowners insurance.
Winning a successful claim or lawsuit for a bodily injury requires clear and hard evidence demonstrating that the negligence of the other individual accused your bodily injury. This is why choosing your bodily injury lawyer should be a careful process.
No Fault Law
No Fault states, like New York, means that auto insurance policy requires you to seek a claim with your own insurer in the case of an accident. Proving fault or negligence is not required in most circumstances. But if the bodily injury expenses exceed $50,000 then you can seek additional compensation in a claim or lawsuit against the other driver.
Filing a no fault claim with your own insurance can be challenging depending on your policy and hiring an experienced lawyer in no fault law can be very beneficial to ensure you receive full compensation.
In cases where the injury costs significant amounts there is more on the line in order to win the case. Expenses can quickly pile up with medication, doctor visits, scans, surgeries, and X rays. Even for smaller claims insurance companies might try to deflect your case and minimize the injury.
If you are unsure of your policy it is advisable to ask directly what is covered by the insurance company, and even ask an attorney to review it.
To maximize your claim for bodily injury lawsuits in a no fault state contact the premier law firm in Lower Manhattan
Gold & Fox NYC Workers Compensation Firm 77 Water street 7th Fl New York, NY 10005 (212) 301-0606 https://workerscompensationpro.com/