Legal Question in Personal Injury in New York

NY no fault

A guy hit me, he was 100% at fault (ran a stop sign). I had just started a new job. I have had back pains which have forced me to take a lot of time off (which no fault pays for). Now after 90 days of work I have been terminated for not 'passing' my probationary period. I probably don't meet the 'serious injury threshold'. Am I just screwed here as I look for another job?


Asked on 1/18/09, 3:02 pm

5 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: NY no fault

I hope you have retained an attorney to handle your personal

Injury claim, these are all damages which could be addressed in

That suit.

If not contact my office asap at 2127098303

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Answered on 1/18/09, 3:31 pm
Jason A. Richman Jason A. Richman, Esq.

Re: NY no fault

One of the categories of Serious Injury as specified in the insurance law is an injury which prevents you from accomplishing your regular activities (work et c.) for at least 90 out of the 180 days following the collision. Mr. Gonzalez is correct in that you should consult with an attorney. That consultation will help you determine if you might benefit from bringing a suit or really are in fact just "screwed."

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Answered on 1/18/09, 3:39 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: NY no fault

You are quick to write off your case. The no fault law also says that if you could not perform your usual and customary activities for the first 90 out of 180 days you have met the serious injury threshold. I would contact a lawyer, if I were you.

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Answered on 1/18/09, 3:43 pm

Re: NY no fault

From the way you describe it, probably yes. Wish it weren't so, but without a "serious" injury that fits into one of the law's definitions, your p.i. case will likely be dismissed. The one definition you might pass under is the 90 days out-of-commission within the first 180 days following the accident. In other words, you needn't be out of work ninety days in a row, only ninety of the first 180 following the accident. Perhaps you'll qualify?

Best, M. E. Zuller

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Answered on 1/18/09, 7:00 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: NY no fault

I am sorry about your unfortunate circumstances. It appears as though your case may not rise to the level of a serious injury. However, let me be the judge of that as it is more complicated than you may realized. I need more information to evaluate your claim so feel free to call me, Pasquale Calcagno, Esq., anytime for a free consultation at 1(800)WE-FIGHT. We have convenient locations all over New York to meet with you. Additionally, we can have a lawyer come to you for yoru convenience. I look forward to speaking with you.

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Answered on 1/19/09, 9:36 am


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