Helping Victims Of Motor Vehicle Accidents In New York
There are approximately six million auto accidents annually resulting in some forty thousand fatalities as well as millions of dollars in lost wages, health care costs, and property damage.
The attorneys at Jon Louis Wilson Law Office are experienced practitioners in automobile accident, truck accident, and motorcycle accident personal injury litigation. Our attorneys represent clients in connection with automobile, truck, and motorcycle claims throughout the eight counties of Western New York, and in addition, we assist clients in recovering their First Party, or so-called No-Fault, benefits through their own insurance companies, as well as Supplemental Underinsured Motorist [S.U.M.] claims, and uninsured claims.
The attorneys at Jon Louis Wilson Law Office can also assist you in resolving claims with Canadian motorists, whether the mishap occurs here, or across the border. Our legal team has established close working relationships with Canadian attorneys to facilitate our clients’ recovery for injuries and damage caused by a Canadian motorist.
A Focus On Brain Injuries
Jon Louis Wilson Law Office has also focused particular attention upon the unique needs of our clients who have suffered concussive injuries, post-concussion syndrome, and post-traumatic stress disorder [P.T.S.D.]. We will work closely with your treating health care professionals to insure that all of your health care requirements are being met, and that the nature and extent of your injuries are fully documented to best preserve your claim.
Establishing Fault In Motor Vehicle Accidents
With winter weather and longer periods of darkness complicating operation of motor vehicles during almost half the year, in Western New York, the frequency of automobile accidents increases tremendously during this time of year. The legal staff at Jon Louis Wilson Law Office is intimately familiar with all of the factual scenarios which pertain to wintertime driving mishaps, and those accidents and collisions common to limited light conditions, and periods of darkness. We have close working relationships with engineers and accident reconstructionist, and other experts, who assist us in establishing fault, in complicated motor vehicle collisions.
Under the current law, applicable in New York State, the operator of a motor vehicle has to file an application for First Party, or No-Fault, benefits, within 30 days of the occurrence of the automobile accident in which he was involved. Your failure to file Form NF-2, within that timeframe, will jeopardize your ability to receive your First Party benefits, to which you are entitled, under your own insurance policy. These First Party benefits entitle someone involved in an automobile accident to the following:
- Hospital and medical expenses will be covered up to $50,000;
- Lost wages will be covered up to 80 percent of your monthly earnings, with a cap of $2,000 per month, for a period not exceeding 3 years from the date of the automobile accident;
- Total first patty benefits are capped at $50,000, unless your individual policy provides for additional personal injury protection (APIP).
- If you have suffered a loss of earnings, your employer must send proof of your wages, disability, and loss of income, within 90 days of the automobile accident.
Your automobile insurance policy may also provide for supplemental underinsured motorist coverage, which will provide additional compensation for your pain and suffering and permanent disabilities, but this coverage, if applicable, will only be provided if required notification deadlines are met.
If the other automobile, which collided with your vehicle, was uninsured, or the insurance coverage had lapsed, then you may still be able to recover for your injuries, and pain and suffering, through the uninsured motorist coverage in your own insurance policy, or through the New York State Motor Vehicle Accident Indemnification Corporation, but again strict notification deadlines are applicable.
Requirements For Filing A Claim
Any claim for the permanency of your injuries, loss of enjoyment of life, and the pain and suffering you have experienced, is dependent upon you establishing that you suffered a “serious injury” as that term is defined under the New York State Insurance Law. Your entire claim, against the other driver, is dependent upon your ability to demonstrate that you have suffered a serious injury.
In addition to the requirement of pleading and proving that you have suffered a “serious injury” in the motor vehicle collision in which you were involved, and, in addition to meeting the deadlines which pertain to your receipt of First Party [No-Fault] benefits, you also must commence your lawsuit, arising from the automobile crash, within the applicable Statute of Limitations. Normally, the Statute of Limitations period, which applies to an automobile accident claim, is three  years; however, if your vehicle was struck by a another vehicle owned by either New York State or a municipal subdivision thereof, then that three year period is significantly shortened, and, you must also satisfy conditions precedent by filing a Notice of Claim [for the local municipality], or a Notice of Intention to File a Claim [for the State], within 90 days of the collision.
AUTOMOBILE ACCIDENT LITIGATION IS AN EXTREMELY COMPLICATED AREA OF THE LAW, WITH NUMEROUS DEADLINES, FILING REQUIREMENTS, AND CONDITIONS PRECEDENT, ALL OF WHICH MUST BE MET, IN ORDER TO EFFECTIVELY PROSECUTE YOUR CLAIM.
THE ATTORNEYS AT THE LAW OFFICE OF JON LOUIS WILSON CAN PROVIDE THE KNOWLEDGE, AND SKILL, NECESSARY TO ALLOW YOU TO SUCCESSFULLY PURSUE YOUR CLAIM FOR BENEFITS AND COMPENSATION, IN CONNECTION WITH YOUR AUTOMOBILE ACCIDENT CASE.
Contact The Jon Louis Wilson Law Office Today
Do not attempt to handle these complicated matters yourself. The pain you have suffered, in connection with your automobile accident, will only be compounded, if your claim for benefits and just compensation is lost. Please contact us by calling 716-302-0027 or filling out our online contact form for an obligation free initial consultation to learn your rights, secure your benefits, and protect your claim in connection with the injuries suffered in an automobile accident.