Dominick J. Robustelli & Associates, PLLC

Uninsured motorist coverage protects you in case you get in an accident caused by a person who does not have liability insurance or if you are the victim of a hit-and-run collision. New York law requires all vehicle owners to purchase uninsured motorist coverage of at least $25,000 per person and $50,000 per accident. Underinsured motorist coverage fills in the gap up to the policy limits if your losses exceed the at-fault driver’s liability coverage.

If an attorney calls you after an accident, you should not respond to their questions. Instead, contact an experienced personal injury lawyer who can handle these communications on your behalf. Ethical rules prohibit a lawyer from talking to an accident victim who is represented by legal counsel.

If you are deposed after filling a personal injury claim, you should expect to be questions regarding: • How the accident happened • What you were doing in the hours leading up to the accident • The nature and severity of your injuries • Where you sought medical treatment • The identity of any witnesses and expert witnesses • The nature and extent of your injuries

Yes, your spouse and/or children may be able to recover compensation for damages they suffered due to your injuries caused by a negligent person. For example, they may be able to receive compensation for loss of consortium, which is the loss of a relationship with the victim due to the victim not being able to provide the same type of love, companionship or emotional support.

New York law allows you to pursue compensation for any losses stemming from the accident. This includes: • Medical expenses – Medical bills from hospital stays and doctor visits, copays, medication, surgery costs, rehabilitation expenses, necessary medical devices • Lost income – You are entitled to lost wages while you recover and lost earning capacity • Property damage – You can receive compensation for damage to your vehicle or other personal property • Non-economic damages – You can recover from subjective damages, including mental anguish and distress, pain and suffering

New York’s statute of limitations gives accident victims up to three years from the date of their injury to file a personal injury claim. However, it is best to report the accident immediately and then contact a personal injury lawyer. Some of the evidence may be removed shortly after an accident, so it is important to contact a personal injury lawyer promptly so he or she can conduct an investigation of the accident.

Even if you are partially at fault for an accident, you may still be entitled to compensation. New York’s comparative negligence law allows an accident victim who shared some fault for the accident to still pursue compensation for the injuries he or she suffered. However, the victim’s amount of damages is reduced by the victim’s degree of fault. Therefore, if the victim is found 30% at fault for the accident, his or her damages are reduced by 30%.

The vast majority of personal injury cases do not go to trial. Most are resolved through a settlement. An experienced personal injury lawyer can assess the value of your claim and work diligently to negotiate a fair settlement. However, it may be necessary to file a lawsuit to protect your rights or if the insurance company denies your claim or fails to offer a fair settlement. If your case does go to trial, it is important that you have a skilled personal injury lawyer on your side who has won similar cases in court.

First, you should seek immediate medical care for any injuries you sustained. You should report the accident. If this was a car accident, you report it to the local law enforcement agency. If it was a slip or fall, you should report the incident to the business. Take pictures of the accident scene if you are able to do so. Contact an experienced personal injury lawyer who can conduct an investigation, identify all responsible parties and fight for your maximum compensation.

If you are injured because of someone else’s negligence, you may have to go through the personal injury claim process. This process will require you to report the injury to the at-fault party’s insurance company. The insurance company may deny your claim or offer you a settlement. You should work with an experienced personal injury lawyer during this process to ensure that you maximize your potential recovery.