New Cassel Bicycle Accident Lawyer
When a motor vehicle collides with a bicycle, the bicyclist can suffer severe injuries that can generate massive medical bills. New York is a no-fault insurance state, meaning the motor-vehicle driver’s insurance will cover your accident-related medical costs.
At some point, though, your medical expenses might exceed the limits of the driver’s no-fault policy. In such a case, if your economic losses exceed $50,000, or if your injuries qualify as “serious” under New York law, you may be well served by having an experienced law firm file a personal injury lawsuit directly against the at-fault party on your behalf.
A New Cassel bicycle accident lawyer from Friedman & Simon, L.L.P. will investigate your case and present it to insurers and/or the court to get you the compensation you deserve. For a free consultation, call our office, where our multilingual staff will be happy to assist you: 516-932-0400.
How Bicyclists Benefit From New York Being a No-Fault Insurance State
New York motorists who experience a car accident receive benefits from their own insurance providers to cover their economic losses, regardless of who caused the accident. This is because New York is a no-fault insurance state.
The state’s no-fault insurance also means that when a New Cassel bicycle accident occurs, the motor vehicle driver’s automobile insurance carrier is obligated to provide benefits that pay for the bicyclist’s economic losses, including medical expenses, lost income, and other costs resulting from the accident.
New York State Requires Motorists to Carry Liability Insurance
New York requires that motorists must have liability insurance coverage with the following minimum coverage:
- $10,000 for property damage
- $25,000 for bodily injury and $50,000 for a fatality
- $50,000 for bodily injury and $100,000 for fatality of two or more people
If the medical costs of your injuries and other economic damages resulting from your New Cassel bicycle accident exceed the no-fault limits of the motorist’s policy, it is likely that recovering for all your damages will require the filing of a personal injury lawsuit against the negligent motorist. In such a case, your attorneys must be able to establish that your injuries qualify as “serious,” as defined by New York law. This is called the “serious injury threshold.”
How New York Law Defines a Serious Injury
According to the New York Insurance Law section 4102 (d), a serious injury is a personal injury in which any of the following results:
- Significant limitation of use of a body function or system
- Significant disfigurement
- Loss of a fetus
- Permanent consequential limitation of a body organ or member
- The injured individual not being able to perform all of the actions of their usual daily activities for at least 90 days during the 180 days immediately following the accident or incident that caused the injury
Several of these injury types are subjective and will require both a medical and legal perspective to be presented in the proper light. Depending upon the unique circumstances of your accident case, a New Cassel bicycle accident lawyer from Friedman & Simon, L.L.P. will litigate for the validity of your serious injuries, so you receive full compensation for your losses.
How a New Cassel Bicycle Accident Lawyer Can Help You
A New Cassel bicycle accident lawyer from Friedman & Simon, L.L.P. will take care of every matter in your pursuit of compensation. Our legal team will do the following for you as our client:
- Keep you updated on your case
- Identify all liable parties
- Communicate with all parties on your behalf
- Gather evidence
- Determine a value for your case
Our comprehensive legal service leaves you to focus on one thing: feeling better. We will address all the details of the case. By following your treating doctors’ orders and attending all prescribed treatment, it is our hope that you will make tremendous progress in your physical and emotional recovery and in rebuilding your life.
We Will Make Sure You Always Know What is Happening with Your Case
Our proactive communication will keep you apprised of every strategy, decision, milestone, challenge, and win. If you ever have a question or concern, call, text, or email us. We will always respond with the honest information you need to put your mind at ease.
Identifying Liable Parties in Your Personal Injury Lawsuit Against the Negligent Driver
New York courts require that a case for personal injury meet four criteria that demonstrate the defendant’s negligence in your bicycle accident:
- Duty of Care – The motorist owed you a duty to take reasonable care to keep you from harm.
- Breach of Duty – The motorist did not fulfill this duty of care.
- Causation – Because the motorist breached his/her duty, your bicycle accident occurred.
- Damages – The bicycle accident caused your injuries, resulting in recoverable damages.
Our legal team will piece together your case for negligence and liability with sound arguments backed by compelling evidence.
Communicating with All the Parties in Your Case
From negotiating with insurance adjusters to interviewing witnesses, and talking to lawyers, our legal team will handle every bit of communication regarding your case.
Gathering Evidence to Support Your Case
Our New Cassel bicycle accident lawyers will investigate your accident to prove our case for negligence and to support your claim for recoverable damages. Our investigation of your case may include:
- Visiting the scene of the bicycle accident
- Interviewing witnesses
- Getting opinions from experts (economic, medical, vocational rehabilitation, and life-care planning)
- Collect your medical records and wage statements
- Obtain the police report from the investigating law enforcement officer
- Reviewing photos and videos
Calculating Recoverable Damages to Determine the Value of Your Bicycle Accident Case
Our investigation of your accident will generate solid documents and evidence we can use to calculate your losses—economic and non-economic. Every accident is different, but we could identify the following types of damages from your bicycle accident:
- Medical treatment costs and expenses
- Physical rehabilitation
- Lost income (past, present, and future)
- Lost benefits (past, present, and future)
- Replacement services
- Pain and suffering
- Diminished quality of life
Call Our Firm for a Free Review of Your New Cassel Bicycle Accident Case
Our multilingual, client-focused staff is happy to assist you, and our New Cassel bicycle accident lawyers are ready to work to recover the damages you have experienced. Since 1991, we have fought insurance companies and litigated to courts of law as passionate advocates for the injured.
Call Friedman & Simon, L.L.P. at 516-932-0400 for a free, no-obligation consultation.