The types of automobile insurance available to Buffalo residents are governed under New York State Law. Generally, there are two types of automobile insurance required by law that protect the motorist who purchases the insurance (or someone else in their vehicle): Supplementary Uninsured/Underinsured Motorist Coverage (SUM) and Personal Injury Protection (PIP).
The minimum SUM coverage required by law is $25,000 per person/$50,000 per accident. These are the minimum amounts required, but additional amounts may be purchased, and drivers should strongly consider doing so. SUM coverage may cover your damages if the other driver had no insurance or carried less insurance than your level of SUM coverage.
PIP coverage pays for your first $50,000 in medical expenses and lost wages. This dollar amount also is set by law. Beyond this, drivers may purchase Optional Basic Economic Loss (O.B.E.L.) insurance. This insurance provides an additional $25,000 toward basic economic loss. Often, Additional PIP (APIP) is also available for purchase.
There are different forms of all these insurances, and it’s a good idea to check with your insurance agent to make sure you have the coverage you desire when exploring these options to ensure that you will have the protection needed in an auto accident.
New York State has passed laws that protect Buffalo’s emergency responders from being sued under specific circumstances. The mere fact that a driver was in a police car, however, does not automatically bar a successful personal injury lawsuit. Instead, the specific circumstances surrounding the case must be examined.
Vehicle and Traffic Law section 1104 provides that when an authorized emergency vehicle is engaged in an “emergency operation,” the operator may (1) stop, stand or park regardless of the provisions of the Vehicle and Traffic Law; (2) proceed past a steady or flashing red light or stop sign after slowing down to ensure the safe operation of the vehicle; (3) exceed the maximum speed limits so long as he or she does not endanger life or property; and (4) disregard regulations concerning directions of movements or turning.
When an emergency vehicle is engaged in an emergency operation and an accident occurs as a result of one of the above actions, the plaintiff must establish that the driver acted with reckless disregard for the safety of others. This is a much higher standard than the negligence standard needed to establish fault in most motor vehicle accidents.
If, however, the driver was not engaged in an emergency operation, or was engaged an emergency operation but caused a motor vehicle accident by engaging in conduct not listed in Vehicle and Traffic Law section 1104, this ordinary negligence standard applies.
If you have been involved in a motor vehicle accident and have any questions, please feel free to call us at 716-542-5444. We would be happy to help you.
When a Buffalo personal injury accident is caused by more than one party, the victim may commence a lawsuit against all of the parties responsible. If a jury determines that these multiple defendants did, in fact, contribute to the circumstances that led to injury, then each defendant will be assigned a percentage of responsibility for injury.
In an ideal world, each defendant would then pay that percentage of the total damages awarded to the victim. Frequently, however, a defendant may not be able to pay their full share. As a result, New York State law sets forth the circumstances under which a defendant may be required to “pick up” that portion of the damages that a codefendant cannot pay.
This law tries to strike a balance between the right of the victim to be fully compensated and the potential unfairness of making a party who has only minimal responsibility shoulder a heavy financial burden because the party with primary responsibility cannot pay. It states that, when a party has been found less than 50% liable for having caused the injury, that party cannot be required to pay more than its assigned percentage of non-economic loss. Non-economic loss includes, but is not limited to, pain and suffering, mental anguish, and loss of consortium. It does not include items such as medical expenses or lost wages.
As a result, a party found more than 50% responsible for a personal injury may be required to pay up to the full amount of damages if the codefendants cannot contribute. For parties with less than 50% liability, any additional amount they may pay if a codefendant cannot contribute excludes payments for pain and suffering and other non-economic loss.
It is usually the choice of the injured party in which court a Buffalo personal injury lawsuit will be decided. There are, however, restrictions placed on this choice under New York State law.
First, the court where the claim is filed must have sufficient authority to hear a case involving the damages being pursued. As a result, most personal injury lawsuits in New York State are handled at the supreme court level. While for many other states and the federal goverment a “supreme” court is the highest level of court, in New York State there is a “supreme” court in each county.
Second, in most cases, the lawsuit must be heard in a county where one of the parties lives. If the parties live in separate counties, it is the choice of the plaintiff where to file the lawsuit. An experienced personal injury attorney should be consulted when making this decision, as he or she should have familiarity with each court and may be aware of factors that would make it better to bring your case in a specific venue.
While most cases will be heard before the supreme court of the county, there are exceptions to this rule. For example, an accident involving a non-U.S. citizen may be heard in federal court. Again, an experienced personal injury attorney should be consulted regarding what options are available.
If you have suffered a personal injury and have any questions, we would be happy to help you. Please call us at 716-542-5444.
When a Buffalo resident suffers a personal injury, it not only affects their lives, but their family. Fortunately, when a spouse suffers because of injury to a husband or wife, New York State law allows that spouse to bring an additional claim in a personal injury lawsuit.
A claim by a spouse for monetary damages is referred to as a claim for loss of consortium. It may be made when, as a result of his or her injuries, an injured person is rendered incapable of providing his or her spouse with services – such as cooking, maintaining the household, etc. – companionship, love, affection and sexual relations at the same level as before the accident.
Claims for loss of consortium usually are sued in conjunction with the claims being brought by the injured spouse. In such a case, the personal injury attorney representing the spouse will not only seek monetary compensation for the victim’s injuries and resulting limitations, but also for the spouse based on the additional burdens placed on him or her. There is no need to have a separate attorney or file a separate lawsuit.
Buffalo personal injury lawsuits involving automobile accidents require that the victim suffer a “serious injury” before recovering damages. The definition of serious injury under New York State Law has remained unchanged since the 1970s. The New York State legislature is currently considering adding a new category to this definition.
Currently, a serious injury is defined as death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
The legislature is considering two new categories to add to this definition: “a complete tear or rupture of a nerve, tendon, ligament, cartilage or muscle”; and “a tear, rupture or impingement of a nerve, tendon, ligament, cartilage or muscle which results in a significant impairment of a body organ, member, function or system.” Neither of these categories require a finding that the injury is permanent.
If you have suffered a serious injury and have any questions, please feel free to call us with your questions at 716-542-5444.
New York State Law requires all Buffalo drivers to carry No-Fault automobile insurance. This insurance usually pays for the driver’s initial $50,000 in medical expenses and lost wages, regardless of who was at fault for the injury accident. Previously, No-Fault insurance coverage could be denied to an injured drunk driver who had caused an accident as a result of his or her intoxication.
On January 26, 2011, however, a change in this law went into effect that modified this right of insurance companies to deny coverage to a drunk driver who caused an accident. This new law prohibits no-fault insurers from excluding coverage to drunk drivers for necessary emergency services rendered in a hospital. This includes ambulance service and any needed medical screening.
This change was deemed necessary because hospitals and ambulance services that were required to render emergency services to stabilize a drunk driver immediately after an accident often had no means of being paid for these services. The insurance coverage could be denied, and the driver often would not have the funds to pay for their treatment. The bill’s Sponsor’s Memorandum also noted that under the old system, emergency health care providers were discouraged from testing for impairment by alcohol or drugs because it may lead to a denial of payment.
While it remains to be seen exactly how the term “necessary emergency health services” will be interpreted under this law, the New York State Insurance Department has issued a letter indicating that it is their position that once the condition of the drunk driver has been stabilized, no-fault coverage may cease. No-fault is not required to pay for long term treatment or lost wages of a drunk driver who caused a car accident.
All Buffalo drivers are required to have $50,000 in Personal Injury Protection Insurance on their automobiles. When a person suffers a personal injury in an automobile accident, this $50,000 may be used to pay for lost wages and medical expenses.
Personal Injury Protection Insurance only covers expenses for three years following the accident and is limited to a maximum compensation for lost wages of $2,000 per month. As a result, for individuals with a higher income or long term injuries, it is possible that the amounts available under mandatory Personal Injury Protection Insurance will not meet their needs.
New York State Law also allows for the purchase of Additional Personal Injury Protection. When doing so, a driver should give careful consideration to his or her anticipated needs should an injury occur. If, for example, the driver will need more than $2,000 per month to pay normal expenses, he or she should make sure that when adding Additional Personal Injury Protection, the total amount that may be distributed per month in lost wages is increased. This is not necessary an automatic change made to the policy when adding Additional Personal Injury Protection – it is possible to increase the total amount of Personal Injury Protection available without changing the monthly lost wage compensation. As a result, the driver should make sure the policy is being adjusted in a way that meets his or her own needs should a personal injury accident occur.
Many Buffalo personal injury lawsuits are the result of consumers using unsafe products. In an effort to provide consumers with information before a personal injury occurs, on March 11, 2011 the United States Consumer Product Safety Commission (CPSC) launched a new, congressionally mandated product safety database at SaferProducts.gov.
Consumers may use this new website to report harm or risk of harm caused by a consumer product. Around the beginning of April, these reports will be searchable by consumers who may have concerns about a specific product.
The reason for the delay in reports becoming searchable is because the CPSC must review all reports submitted and transmit them to the manufacturer, when possible, within five business days. The manufacturer then has ten business days to respond with any comments or claims. Once that ten days has passed, both the report and the manufacturer’s comments, if any, will be posted on SaferProducts.gov
Submitted reports that lack required information or are determined to be inaccurate will not be published. If a report includes confidential information, it will be redacted prior to publication.
Recall information may also be searched at the website.
If you have suffered a personal injury from a dangerous product, we would be happy to help you. Please feel free to call us at 716-542-5444.
Most Buffalo personal injury lawsuits revolve around the issue of negligence. While the injured party may be arguing that the person responsible for the injury did not act as responsibility as they should have, they is rarely any reason to believe that an act was done maliciously or with complete disregard for the safety of others.
When, however, it can be established that an act was done maliciously or with complete indifference for your safety, you may pursue punitive damages. Punitive damages are damages awarded above the amount actually needed to compensate an individual who has suffered a personal injury. They are granted for the purpose of punishing the defendant and deterring similar conduct in the future.
Examples of cases where punitive damages may be pursued include cases of injury caused by drunk drivers and workplace injuries where there is proof that the company was not only aware of the hazard, but also took steps to hide the risk. If successful in pursuing punitive damages, the defendant would be required to pay an amount above and beyond that deemed necessary to compensate the injured party for items such as pain and suffering, medical expenses and lost wages.
