MTA Accidents

(Image from ABC7NY.com)

MTA Accident Injures Several People

It seems like everyday we see terrible MTA bus accidents that involve serious life changing injuries. At least ten people were injured in New York City when an MTA bus smashed into an overpass as it jumped the curb. You can read the ABC New York, channel 7 story here.

Innocent MTA bus passengers are injured when MTA bus drivers that are supposed to be watching the road drive negligently. Under New York law, when an injured person has a claim against the MTA, the city of New York, or other government agencies, you must file a Notice of Claim with the city within 90 days after the accident. The Notice of Claim must have sufficient detail for the city to investigate your claim and prepare for litigation.  A previous article on this website, found here, may add incite to the Notice of Claim process.  Personal injuries caused by negligence on the part of municipalities, their departments like the MTA or the employees of municipalities can result in sizable compensation.  Liability for these personal injuries obviously play a large role in the strength of a case and damages (the type and extent of the injury) as always will determine the amount of compensation that will be awarded to the victim.
Having the right legal representation could mean the difference between recovering a monetary award for your injuries and dismissal of your case.  Taking the time to find an attorney that you are comfortable with and who understands the nuances of personal injury litigation is an investment that can pay off big in the long run.

Personal Injury Attorney in Mineola

If you or someone you are concerned about have been injured in a motor vehicle accident of any kind, especially one involving the MTA or another municipality, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.

Serious Injury Threshold in Personal Injury Cases

On June 14, 2014, in Personal Injury, by John A. Weber IV, ESQ.

Often times in Personal Injury cases, the injury itself becomes an issue.  Not all injuries are sufficiently damaging to be considered “serious” under New York Insurance Law, section 5102(d).   The facts of each particular case will determine whether or not each claimed injury meets the threshold of a “serious injury” under this statute.  In order to cross the threshold and satisfy the statute, the nature of the injury itself must be a “permanent consequential limitation of use of a body  organ or member” or “significant limitation of use of a body function or system.”   These standards were interpreted by the Court in Toure v. Avis Rent a Car Systems, Inc., 98 N.Y.2d 345, 350, 746 N.Y.S.2d 865 (2002) and later strengthened by the Courts in Perl v. Meher, 18 N.Y.3d 208, 936 N.Y.S.2d 655 (2011) and Adler v. Bayer, 77 A.D.3d 692, 909 N.Y.S.2d 526 (2d Dep’t 2010).  Patrick Higgins, Esq. discusses the significance of these cases in great detail in The Plaintiff’s Personal Injury Action in New York State.

Understanding the categories of injuries and the way in which the law views each type of injury can be a daunting task.  It is in your best interest to consult with an attorney to help clarify any questions you may have about whether or not your injury will pass the threshold of a “serious injury” under New York Insurance Law, section 5102(d).

Just for informational purposes; there also exists a 90/180 rule.  This rule includes injuries that cause an injured victim to miss 90 out of 180 days from work.  This particular post is not directed towards explaining this category but it is important to be aware of.

As always, if you need assistance with any aspect of your Personal Injury case, including threshold questions, please call (516) 858-2620 to speak to a Personal Injury attorney today!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan