The Michael Manoussos & Co PLLC Personal Injury Blog

What is No-Fault insurance?

What is No-Fault insurance? As a result of what the insurance lobby argued was excessive litigation arising out of motor vehicle accidents, the legislature in 1974 enacted the "New York Comprehensive Automobile Insurance Act" or, in layman's terms, "no-fault insurance". Every vehicle registered in New York State is required to have this type of coverage, which pays for "basic economic loss". The rationale is that if an accident victim's basic needs arising from an accident are met by his insurance carrier, the amount of litigation from these types of cases will decrease. You are entitled to these benefits regardless of who or what caused the accident (fn, drunk driving etc.). The typical no-fault policy includes up to $50K of [...]

What Is a MV104

What is a MV104 Form? The MV-104 is a document which looks like a police report, but which you fill out yourself and send to the DMV in Albany. It includes all of the basic information on the police report (names, addresses, dates, times, locations, etc.), but more importantly it includes a section where you can describe how the accident occurred i.e. who ran the red light, whether there was an illegal U-turn, whether you were changing lanes or not, and so on. This document is mandatory in any accident where someone is injured or the damage to either vehicle exceeds $1,000 and the failure to file it is punishable by suspension of your license. If that wasn't [...]

Amending Police Accident Report

Amending Police Accident Report Suppose you've been involved in a traumatic car accident and were either in the ambulance or already on your way to the hospital when the police arrive. Unless an officer comes to interview you in the emergency, your side of the story may not be reflected on the police report. There are two ways to remedy this, both of which are important when the police report does not paint a picture that is fair to you. There is a report similar to a police report which you fill out yourself (discussed here) and within a specified time period which varies from department to department, but is usually limited to three days after your accident, [...]

Loss of Guidance in Wrongful Death

Loss of Guidance in Wrongful Death Appellate courts in New York have consistently held that a claim for wrongful death is limited to the economic value of the decedent to each distributee. This rule is straightforward enough when measuring the wages that a decedent would likely have earned had his accidental death never occurred. There is, however, more complexity to the true amount of damages recoverable and a thorough understanding of the law is necessary in order to obtain the maximum recovery. It's common sense that the loss of a loved one is much more than the loss of financial support and the courts in this state have recognized that a jury can and may place a number [...]

Infant Compromise Orders

Infant Compromise Orders The court system takes a special interest in the well-being and rights of litigants under the age of 18, who are known in the law as Infant tiny hands in the crib holding onto the side of the bed, have fun grabbing it. Closeup, baby development concept photo "infants". In cases where an infant sustains an injury, the attorney is not permitted to settle the claim without court approval. The process by which that approval is obtained is known as an Infant's Compromise. There are two main objectives that the court wants to fulfill through that process: (1) verifying that the compensation received is reasonable in light of the facts of the case [...]

Serious Injury Threshold in General

Serious Injury Threshold in General There is a common misconception out there that being in a car accident and sustaining injuries as a result is all one needs to prevail on a claim or lawsuit for pain and suffering. This is not the case. In 1974 enacted the "New York Comprehensive Automobile Insurance Act" or, in layman's terms, "no-fault insurance" which aimed, amongst other things, to reduce the number of personal injury lawsuits in the court system, by weeding out cases where the injuries are not "serious". To that end, the legislature defined a "serious injury" and limited personal injury lawsuits to injuries which fall within that definition. Case books are filled with appellate decisions interpreting the meaning [...]

What Is A 325D Case?

What Is A 325D Case? CPLR Section 325(d) permits the Supreme Court to transfer a case to the Civil Court “where it appears that the amount of damages sustained may be less than demanded”. In practice, this section is used as a tool by the Supreme Court to clear the court docket of cases that can be tried in a lower court. In New York City, that lower court is the Civil Court; in the surrounding counties, the lower courts are District Courts. When a case is commenced in one of these lower courts, the damages recoverable are capped at $25,000 in the Civil Court and $15,000 in the District Court. However, when a case is commenced in [...]

Compensation for Wrongful Death Claims

Compensation for Wrongful Death ClaimsThe EPTL defines a distributee as "a person entitled to take or share in the propery of a decedent under the statutes governing descent and distribution." In a case where the negligence of another has caused the death of your loved one, the general rule is that the decedent's next of kin is entitled to compensation for the economic harm caused by the wrongful death. Obviously, money can't turn back the clock, but it can make up for some of what your loved one would have provided for you had the accident never happened and it can bring some emotional closure knowing that at least someone was held responsible for what happened. When the case is [...]

Pedestrian Knockdown Defenses

Pedestrian knockdown defenses I'm consistently amazed at how many drivers will claim "she ran into the side of my car" when a pedestrian is struck by their vehicle. As we've discussed previously, even a significant front impact may leave little more than a scratch. So how do we prove that you were struck by a car and not vice versa? There are two primary ways: (1) medical documentation of injuries which tend to indicate a blunt front impact, such as lower leg injuries as a result of being struck by the front bumper and (2) your testimony. With regard to #2, you will be asked in your deposition when you first observed the vehicle you ultimately had an [...]

Gap In Treatment

Gap In Treatment In motor vehicles, where only a "serious injury" can sustain a lawsuit for pain and suffering, a "gap in treatment" is frequently argued by defendants to mean that the plaintiff has fully recovered from any injuries sustained and courts will rely on this doctrine in dismissing cases, where they find that a "gap in treatment" is actually a cessation of treatment. It cannot be stressed enough that medical documentation is the necessary foundation of any personal injury case and the absence of documentation or insufficient documentation will be used against you. While it is preferable from a legal standpoint that an injured plaintiff treat consistently from the time of the accident all the way up [...]

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