Legal Question in Personal Injury in New York

Re: Struck by Car while shopping in store...

This depends entirely on the severity of your injuries. The NY no fault law

bars actions where there is no "serious

injury" as defined by statute; any broken bone, significant scar, or back and neck injury with verifiable nerve involvement would be sufficient to bring an action against the vehicle owner and driver: if all you suffered are soft tissue injuries, the statute defines "serious" by the amount of time they keep you from performing your regular activities (90 out of the 1st 180 days after the accident).

I do not see any liability on the part of the store.

There is a three year statute of limitations for negligence actions,

and sometimes injuries do not fully

manifest themselves all at once.

I suggest you treat and get well; determine what your injuries actually are, and then in 6 months to a year make an appointment with an attorney to discuss the case.

If the insurance company tries to settle at this time, don't take it unless you are satisfied with the amount. You will not be able to sue

again.

Re: Struck by Car while shopping in store...

The best way to handle this situation is to hire a competent and experienced attorney who will properly handle all the issues involved: make sure that all your medical, out of pocket expenses, lost wages, etc. are paid, that you get adequate medical care, and get compensated for your future pain and suffering, as well as your spouse's loss of your services. I do not recommend speaking to the driver's insurance by yourself, without the assistance of counsel. Also, it is very important that the claims are filed properly and on time. Please feel free to call my office if you have further questions.

Re: Struck by Car while shopping in store...

NY is a no fault law state. Once you file a written application, the offending vehicle's insurance carrier will pay your medical bills. Unless you can prove a "serious injury" they may not pay anything towards pain and suffering. I see no responsiblity by the store. Good luck.

Should you want to speak with local counsel, I can refer you to my associates.

Re: Struck by Car while shopping in store...

The driver of the car will be found 100% responsible for the accident. How much (and whether) you collect depends on whether you suffered a "serious injury" as defined in the Insurance Law. Feel free to contact me about your case as my firm handles these cases on a contigency basis and we have 11 offices in New York to make it easy for our clients to meet with us.

Re: Struck by Car while shopping in store...

You should file for no-fault benefits immediately. There are strict time limits in NY for filing for those benefits, which will pay (at least initially) for your medical treatment as a result of this accident. In terms of liability, it appears that the driver is completely at fault, although it is unlikely that the store would be found to be at fault. With respect to further recovery, an assessment needs to be made as to the specific injuries you sustained. Don't rush into anything or be pressured by the driver's insurance company. I would be happy to speak or meet with you further about this to go over your options in more detail. There is no cost for this consultation.

Re: Struck by Car while shopping in store...

You should definitely be represented by counsel. Do not sign any papers or endorse any checks prior to the conclusion of your treatment. The short answer to your question is there is definite liablilty against the driver, liability against the store may prove more difficult. Call me if you have any additional questions.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.