Figuring Out Whether You Have A Case And Proving Damages

Our attorneys offer free consultations, and they have over 35 years of combined legal experience. We are thorough in our evaluations of cases, and we will take your claim seriously. While many people know that the justice system can compensate them for their injury expenses and losses, their first question is often, "Do I have a case?"

We are honest in our assessments of claims. If your claim is not feasible, we will tell you honestly, and help you understand your options for medical bills, lost wages and vehicle repairs from here. We will not lead you on or delay your claim.

There are two important things to know in gauging whether you have a case:

  1. Was the other driver at fault, and can it be proven?
  2. Did you suffer a "serious injury" under New York's No-Fault insurance law?

What Is A 'Serious Injury' Under New York's No-Fault Insurance Coverage?

A "serious injury," as defined by statute, is required to bring a lawsuit. That means a personal injury suffered in a motor vehicle accident that has resulted in any of the following (from New York Insurance Law — Section 5102):

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture or broken bone
  • 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

A serious injury can also be any other "medically determined injury or impairment of a nonpermanent nature that prevents the injured person from performing substantially all of the material acts that constitute such person's usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment."

If you were injured while riding a motorcycle, you may have a case to sue for losses and damages immediately. Motorcycle drivers are usually not required to meet the "serious injury" threshold to bring a lawsuit.

You should speak with one of our lawyers to understand your full coverage options. Please call Kammholz Law PLLC, today at 585-687-4425.

Factors In Your Case And 'Serious Injury' Thresholds

  • We will ask you how your accident happened.
  • We will look to determine who was at fault in the accident. Even if you carry some fault, you may still have a case.
  • We will read the police accident report.
  • We will use pictures of the accident scene in our analysis of your case.
  • We will ask about your communications with insurance companies.
  • We will ask you about your auto insurance coverage and help you determine what it all means.
  • We will help you identify other coverage options that may be available. You may have property, liability, supplemental and health insurance that can be accessed to cover damages and losses.
  • We will ask about your medical diagnosis, treatment(s) and prognosis.
  • We will advise you to keep a diary of your injuries and hardships each day.
  • We will pay attention to the severity of your injury since it makes a difference.

Proving The Value Of Your Damages

Costs that may result from your accident and injuries include lost wages, medical bills, travel expenses, increased living expenses, at-home care costs, pain and suffering, and long-term costs. It is crucial that you seek our team's guidance in these areas to determine the full and fair value of your losses and damages.

Our goal is maximum compensation, and we want to help you get there. Please call us today to schedule a free consultation with one of our lawyers in Rochester at 585-687-4425 or email us for a prompt response.