Important Definitions for New York Injury Claims
- May 20, 2011
- By Gerard Devita
Here are a few terms and definitions that often come up following an accident or injury:
1. No-Fault: This is the insurance which automatically pays for the medical bills, lost wages and incidental expenses of persons injured in car accidents, regardless of fault. This does not mean the accident was nobody’s fault. “No-Fault” refers to the fact that every injured paerson is entitled to these benefits, without consideration for responsibility in causing an accident. These benefits are available even to to the person who caused the accident, unless they are DWI or committing some other crime.
2. Negligence: When some one acts carelessly, or fails to act when they should, that may be negligence. If someone’s negligence injures another person, they may become legally responsible to the injured party for money damages.
3. Liability: Is the term which refers to a person’s legal responsibility. If someone causes an accident, in whole or in part, they may become liable to the injured party.
4. Statute of Limitations: These are the strict time limits which apply to different claims. There are many different time limitations for the various claims arising from different accidents. Be aware that once a Statute of Limitation has passed, generally you will be forever barred from bringing the claim.
5. Notice of Claim: This is a special document that must be filed (usually within 90 days of the accident / injury) for claims against municipalities such as school districts, cities, towns, the County or the State. If a Notice of Claim is not appropriately served within the time limit, usually one can not later pursue the involved municipality.
6. Contingency Fees: Realizing that injured parties usually do not have money for attorney fees, many lawyers work on a contingent fee. In other words, if there is a recovery in your case, the attorney is paid a percentage from those proceeds. No fee is due if no money is recovered.
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