Frekhtman & Associates

While some cases are very straightforward and the defendant truck driver’s liability is clearly 100% -- it often takes time to fully discover all the facts pertinent to any one case. For example, in addition to determining each party’s potential liability for an accident (you can still usually recover compensation when liable for only a small percentage of an accident), we must review all pertinent state and federal laws that govern commercial truck drivers – so we can be sure to plead all pertinent violations that the truck driver may have been committed that impact your case. Please know that our entire team of lawyers, paralegals, experts and others are always eager to help you recover for your losses as soon as possible. Yet it’s important to keep in mind that insurance companies often stall the process – frequently hoping that an accident victim will accept an early low settlement offer when they know the facts justify a much larger one.

You can file an uninsured motorist (“UM”) claim against the motorcycle’s (your own) insurance. You should have a portion of your insurance marked as UM with policy limits for this type of coverage. A UM claim is usually resolved via arbitration.

New York State has a law making it mandatory for all motorcycle riders to wear a helmet. This includes motorcycle operators and passengers. Wearing a helmet will provide added safety protection and reduce the risk of serious injury or death. A National Highway Traffic Safety Administration study confirmed that of all the motorcycle riders killed in accidents that did not wear a helmet, nearly 40% of those deaths would not have occurred had they been wearing a safety helmet.

If you have a clean record without any recent accidents, most insurance companies will want to keep your business and avoid raising your rates. However, they may raise them to some extent if you need to access all or most of your PIP insurance. Of course, what’s most important is obtaining all the funds you require to get the medical treatment you need and enough to either fix your car or purchase another one.

In most cases they will give you those funds. However, they can refuse to pay out any of it if there’s clear proof that you were driving under the influence of either drugs or alcohol at the time of the crash. Likewise, if they can prove that you were in the process of committing a felony at the time of the accident, your insurer will use that as a valid reason for not paying out your PIP funds.

A trauma to the brain can in fact cause a seizure disorder and or epilepsy. This is true whether the initial trauma was mild, moderate, or severe.

For personal injury actions, the statute of limitations (SOL) is three years from the date of accident/injury. For cases involving the City of New York, New York City Transit Authority or other municipalities, a Notice of Claim must be filed within 90 days of the accident and a injury lawsuit filed within 1 year and 90 days. For wrongful death, the time limit is 2 years from the date of death. For medical malpractice, the time limit is 2 years and 6 months from the date of the malpractice. Of course you should consult with an experienced attorney as there are other time limits and sometimes certain tolls which extend the statute of limitations.