Lockport, NY Auto Accident Attorney
There are approximately six million auto accidents annually resulting in some forty thousand fatalities as well as millions of dollars in lost wages, health care costs, and property damage.
The attorneys at the Law Office of Jon Louis Wilson are experienced practitioners in automobile accident personal injury litigation. Our attorneys represent clients in connection with automobile, truck, and motorcycle claims throughout the eight counties of western New York and in addition, we assist clients in recovering their First Party or so-called No-Fault benefits through their own insurance companies.
With winter weather and longer periods of darkness complicating operation of motor vehicles during almost half the year, in western New York, the frequency of automobile accidents increases tremendously during this time of year. Our legal staff is intimately familiar with all of the factual scenarios which pertain to wintertime driving conditions, and the motor vehicle accidents arising therefrom.
Under the current law applicable in New York State, the operator of a motor vehicle has to file an application for First Party, or No-Fault benefits, within 30 days of the occurrence of the automobile accident. Your failure to file Form NF-2 within that timeframe will jeopardize your ability to receive your First Party benefits to which you are entitled under your own insurance policy. These First Party benefits entitle someone involved in an automobile accident to the following:
- Hospital and medical expenses will be covered up to $50,000;
- Lost wages will be covered up to 80 percent of your monthly earnings with a cap of $2,000 per month for a period not exceeding 3 years from the date of the automobile accident;
- Total first party benefits are capped at $50,000 unless your individual policy provides for additional personal injury protection (APIP)
If you have suffered a loss of earnings, your employer must send proof of your wages, disability and loss of income within 90 days of the automobile accident.
Your automobile insurance policy may also provide for supplemental underinsured motorist coverage which will extend additional compensation for your pain and suffering and permanent disabilities, but this coverage, if applicable, will only be provided if required notification deadlines are met.
If the other automobile that collided with your vehicle was uninsured, or the insurance coverage had lapsed, then you may still be able to recover for your injuries and pain and suffering through the New York State Motor Vehicle Accident Indemnification Corporation, but again notification deadlines are applicable.
Any claim for the permanency of your injuries, loss of enjoyment of life, and the pain and suffering you have experienced, is dependent upon establishing a “serious injury” as that term is defined under the New York State Insurance Law. Your entire claim against the other driver is dependent upon your ability to demonstrate that you have suffered a serious injury.
In addition to the requirement of pleading and proving that you have suffered a “serious injury” in the motor vehicle collision in which you were involved, and, in addition to meeting the deadlines which pertain to your receipt of First Party [No-Fault] benefits, you also must file your lawsuit, arising from the automobile crash, within the applicable Statute of Limitations. Normally, the Statute of Limitations period which applies to an automobile accident claim is three [3] years; however, if your vehicle was struck by a another vehicle owned by either New York State or a municipal subdivision thereof, then that three year period is significantly shortened, and, you must also satisfy conditions precedent by filing a Notice of Claim [for the local municipality], or a Notice of Intention to File a Claim [for the State] within 90 days of the collision.
AUTOMOBILE ACCIDENT LITIGATION IS AN EXTREMELY COMPLICATED AREA OF THE LAW WITH NUMEROUS DEADLINES, FILING REQUIREMENTS, AND CONDITIONS PRECEDENT, ALL OF WHICH MUST BE MET IN ORDER TO EFFECTIVELY PROSECUTE YOUR CLAIM .
THE ATTORNEYS AT THE LAW OFFICE OF JON LOUIS WILSON CAN PROVIDE THE KNOWLEDGE AND SKILL NECESSARY TO SUCCESSFULLY PURSUE YOUR CLAIM FOR BENEFITS AND COMPENSATION IN CONNECTION WITH YOUR AUTOMOBILE ACCIDENT CASE.
DO NOT ATTEMPT TO HANDLE THESE COMPLICATED MATTERS YOURSELF; THE PAIN YOU HAVE SUFFERED IN CONNECTION WITH YOUR AUTOMOBILE ACCIDENT WILL ONLY BE COMPOUNDED IF YOUR CLAIM FOR BENEFITS AND JUST COMPENSATION IS LOST.
PLEASE CONTACT THE LAW OFFICE OF JON LOUIS WILSON FOR AN OBLIGATION FREE INITIAL CONSULTATION TO LEARN YOUR RIGHTS, SECURE YOUR BENEFITS, AND PROTECT YOUR CLAIM IN CONNECTION WITH THE INJURIES SUFFERED IN AN AUTOMOBILE ACCIDENT.
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