In New York, a person must prove two main issues in any car accident claim. Most attorneys and insurance adjusters call these two issues "liability" and "damages."
Liability, or who was at fault; and the damages or amount of the loss; are the two most important factors in evaluating a potential auto case. The person must show that another party was negligent in the operation of their motor vehicle. Negligence is generally defined as a "failure to use reasonable care". In New York you must show that the damages you have sustained are great enough to meet the statutory requirements outlined below.
New York Threshold for Damages
The New York legislature enacted a No Fault statute in an attempt to control the amount of automobile crash lawsuits. According to that statute, you may only sue another driver for negligence for personal injuries suffered in a car accident when your expenses are in excess of $50,000 or when you have sustained "serious injury". The New York state legislature defines "serious injury" as a personal injury that results in any one of the following:
1. Death; 2. Dismemberment; 3. Significant disfigurement; 4. A fracture, Broken Bone; 5. Loss of a fetus, unborn child 6. Permanent loss of use of a body organ, member, function or system; 7. Permanent consequential limitation of use of a body organ or member; 8. Significant limitation of use of a body function or system; 9. Or a 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 ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
Comment:As you can see from the terminology used in the statute, it is difficult to determine whether your injuries may fall within one of the specified sections above. While items one (1) through (5) are easily defined, items six (6) through (9) are very ambiguous. Typically, much litigation in New York Automobile liability cases revolves around what are referred to as "threshold" cases. In other words, attorneys and insurance companies will evaluate your case depending upon whether you have met the "threshold" requirement of a "serious injury" as defined by the New York statute.
Have I sustained a "serious injury" under NY Law or not?
The answers to this and other questions are even more complicated than they seem. Because the legislature has left all these terms in such an ambiguous state, the Courts have attempted to define all these terms through what is referred to as "case law" or judicial rulings. In other words, your attorney might be able to find a case that shows that because you missed work for more than eighty days, you have sustained a "serious injury"; or a case that shows that when you fractured or dislocated your shoulder and were diagnosed with a permanent loss in its range of motion, that your injury meets the "threshold".
Much of the analysis focuses around your medical diagnosis. An attorney will typically request an affidavit from a doctor or present your medical records in order to prove that you have sustained a "serious injury". Your case, however, will require a complicated legal argument. In these types of cases, you should always refer to an attorney in order to determine whether your claim is worth pursuing.
"Basic Economic Loss" Under New York Law
You cannot sue another driver for personal injuries suffered as the result of a car accident for what is referred to as "basic economic loss". The New York legislature defines the term "basic economic loss" as damages sustained in an amount less than $50,000 per person, per accident.
The following expenses may be used in determining whether you have sustained "basic economic loss" or expenses in an amount less than $50,000:
1. All necessary expenses incurred for: (i) medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; (ii) psychiatric, physical and occupational therapy and rehabilitation; (iii) any non-medical remedial care and treatment rendered in accordance with a religious method of healing recognized by the laws of this state; and (iv) any other professional health services; all without limitation as to time, provided that within one year after the date of the accident causing the injury it is ascertainable that further expenses may be incurred as a result of the injury.
2. Loss of earnings from work which the person would have performed had he not been injured, and reasonable and necessary expenses incurred by such person in obtaining services in lieu of those that he would have performed for income, up to two thousand dollars per month for not more than three years from the date of the accident causing the injury.
3. An employee who is entitled to receive monetary payments, pursuant to statute or contract with the employer, or who receives voluntary monetary benefits paid for by the employer, by reason of the employee`s inability to work because of personal injury arising out of the use or operation of a motor vehicle, is not entitled to receive first party benefits for "loss of earnings from work" to the extent that such monetary payments or benefits from the employer do not result in the employee suffering a reduction in income or a reduction in the employee`s level of future benefits arising from a subsequent illness or injury.
4. All other reasonable and necessary expenses incurred, up to twenty-five dollars per day for not more than one year from the date of the accident causing the injury.
So, you may still have a case if you can show that the expenses as defined above exceed the amount of $50,000.
NY Law: Summary
In summary, following an accident, you may review one of the clearly defined subsections above to determine if you have sustained a "serious injury". If you or your family member has not suffered one of the clearly defined injuries (ie. death; dismemberment; significant disfigurement; a fracture; or loss of a fetus), you should consult an attorney who will be able to determine whether your injuries may fall within on of the other categories of "serious injury" above. If you have not sustained a "serious injury' in any of these categories, you may still have a case if you can show expenses or the potential for expenses to exceed $50,000. Either way, always consult an attorney who will be able to protect and enforce your legal rights.
Finally, you should be advised that you may not be entitled to pursue any action if you are subject to any of the following:
1. Intentionally causing your own injury;
2. Operating a motor vehicle while in an intoxicated condition or while your ability to operate such vehicle is impaired by the use of a drug within the meaning of section eleven hundred ninety-two of the vehicle and traffic law;
3. Are injured while: (i) committing an act which would constitute a felony, or seeking to avoid lawful apprehension or arrest by a law enforcement officer, or (ii) operating a motor vehicle in a race or speed test, or (iii) operating or occupying a motor vehicle known to him to be stolen, or (iv) operating or occupying any motor vehicle owned by such injured person with respect to which the coverage required by subsection (a) hereof is not in effect, or (v) a pedestrian, through being struck by any motor vehicle owned by such injured pedestrian with respect to which the coverage required by subsection (a) hereof is not in effect, or (vi) repairing, servicing or otherwise maintaining a motor vehicle if such conduct is within the course of a business of repairing, servicing or otherwise maintaining a motor vehicle and the injury occurs on the business premises.
The state of New York is very strict about enforcing these laws. As such, you may not have a case if any of the above circumstances apply to you.
This is true. Living in Florida they already know not to save bottled water in plastic bottles after they buy it.
Leaving bottled water in your car is extremely dangerous, especially for women !!!! This is how Sheryl Crow got breast cancer.
She was on theEllen Show and said the same exact thing.
The materials that collect within hot bottled water have been identified as the most common cause and a major contributing factor for the high levels obtained in breast cancer found in woman across the globe, especially women living in Australia.
This happens mainly because of the heat cooking the plastic bottle especially during the spring and summer months.
But it can also happen if you leave something in a plastic bottle inside of your refrigerator for months too.
We really don't know justhow long a product has been in a plastic package when we buy it. Only thing I go by is the "use by date" then hope and pray its valid
A friend whose mother was recently diagnosed with breast cancer.
TheDoctor told her: women should not drink bottled water that has been left in a hot car. The Doctor said that the heat and the plastic mixing in the bottle have certain chemicals that are released when heated which can lead to breast cancer.
So please be careful and do not drink bottled water that has been left in a hot car or anywhere else.
Please pass this message on to all the women in your life.
This information is the kind we need to know and be aware of because it might just, save your life !!!!
The hot heat causes toxins from the clear and frosted plastic bottles to leak into the water. Doctors and Scientist have found these toxins in breast tissue to be a major contributor of breast cancer ! Use stainless steel canteens or glass bottles when you can !!! Alert Everyone You Know Who Has A Wife, Girlfriend, Daughter Or Niece because ?
Cancer News WE HAVE BEEN CIRCULATING THIS INFORMATION ON
THE WEB SINCE JUNE 2008.
TODAY SEPTEMBER 16,2008 IT JUST HIT THE MAJOR AIRWAYS AND I PERSONALLY
SAW THE NEWS REPORTER ON NY1 STATING THE SAME PROBLEMS WE WROTE ABOUT
HERE ASSOCIATED WITH PLASTIC BOTTLES.
Johns Hopkins has recently sent this out in its newsletters.
1. No plastic containers in microwave.
2. No water bottles in freezer.
3. No plastic wrap in microwave.
This information is being circulated at Walter Reed Army Medical Center as
well.
Dioxins are highly poisonous to the cells of our bodies. Dioxin
chemicals causes cancer, especially breast cancer.
Don't freeze your plastic bottles with water in them as this releases
dioxins from the plastic.
Recently, Dr.. Recently, Dr. Edward Fujimoto, Wellness Program
Manager at Castle Hospital, was on a TV program to explain this health
hazard. He talked about dioxins and how bad they are for us.
He said that we should not be heating our food in the microwave using
plastic containers. This especially applies to foods that contain fat.
He said that the combination of fat, high heat, and plastics releases
dioxin into the food and ultimately into the cells of the body.
Instead, he recommends using glass, such as Corning Ware, Pyrex or
ceramic containers for heating food. You get the same results, only
without the dioxin. So such things as TV dinners, instant ramen and
soups, etc., should be removed from the container and heated in
something else. Paper isn't bad but you don't know what is in the paper.
It's just safer to use tempered glass, Corning Ware, etc.
He reminded us that a while ago some of the fast food restaurants
moved away from the foam containers to paper. The dioxin problem is one
of the reasons.
Also, he pointed out that plastic wrap, such as Saran, is just as
dangerous when placed over foods to be cooked in the microwave. As the
food is nuked, the high heat causes poisonous toxins to actually melt
out of the plastic wrap and drip into the food.
Cover food with a paper towel instead.
CON GAME SCAMS TO LOOK OUT FOR = BLUE HIPPO COMPUTER SCAM
You probably have seen the advertisement on cable TV for year's stating that you could receive a new computer containing the tower, monitor, printer, mouse and keyboard or you could pick a laptop computer by just having a checking account at a bank and by signing the contract allowing The BLUE HIPPO Company to charge a once a month payment fee for services rendered. Well if its to good to be true ? Then it probably is check this out, I did some research and WA-LA ! BLUE HIPPO IS A MAJOR CON GAME PEOPLE, TELL YOUR FRIENDS ABOUT THIS ONE. Just check out all of the nationwide consumer complaints I found when I logged onto this Yahoo search engine page and make sure you, " TELL A FRIEND " !
Watch for our upcoming sign up date for our 2009 SHOWSTOPPER Basketball Tournament Games. Dates, Time, and Location/s will soon be posted here. Entrants receive
1. Tee Shirts With Sponsors Names On Back of Shirt.
2. " FREE ICE COLD DRINKS " During The Games
3. Closing Award Ceremonies
Due to the NYC Council having program funding problems we were not able to provide our summer 2009 games. This is the first time in the 34 year history of us sponsoring The HUDSONIC ORG SHOWSTOPPER BASKETBALL SUMMER TOURNAMENTS that we did not have the games operating due to missing our gym scheduled date due to The NYC Councils money problems. Their was a huge amount of programs inside of NYC that faced the same problem we faced. Mainly because when you schedule a gym facility and you can not provide the program service during the time you scheduled it then ? Life goes on and another program has to be substituted in place of your program in order to fill the allotted time period that you were supposed to be utilizing. We want all of the teams and coaches to know that what happened was definitely in Gods hands and out of our control. So look for our next tournament games we will let you know what day, time and location our winter games will operate on. Please place your name on our
E-mail list and we will contact you when the time comes.
Thank You
Sincerely
Randy Hudson - CEO
HUDSONIC ORG SHOWSTOPPER BASKETBALL TOURNAMENTS
See Tomorrows SUPER STARS On Court Today
In The Next Upcoming SHOWSTOPPER Basketball Tournament Game.
