answered on Jul 20, 2011
That is very likely. The judge needs to hear testimony to determine what percentage of disability to award you, as well as to determine what amount of wages you are entitled to while you are out of work.
answered on Jul 20, 2011
Worker's Compensation will pay for your hospital and medical expenses, as well as a percentage of your lost earnings.
answered on Jul 20, 2011
Yes. You have a Worker's Compensation lien if Worker's Comp has paid medical bills and lost wages. Under Section 29 of the Worker's Compensation law, you must pay back 2/3 of that lien to the Worker's Compensation carrier, unless the carrier agrees to waive some or all of the... View More
answered on Jul 20, 2011
The statute of limitations for an infant is tolled until the infant becomes an adult. Thereafter, there is the same three year statute of limitations as in a personal injury case for an adult.
answered on Jul 20, 2011
That is uncertain, since insurance does not cover punitive damages. Thus, the only way to recover an award of punitive damages is if the defendant has sufficient assets to collect a judgment against him.
answered on Jul 20, 2011
That is hard to answer. Insurance does not cover punitive damages, so the only way to recover an award of punitive damages is if the defendant has sufficient assets to be collect a judgment of punitive damages against him.
answered on Jul 20, 2011
Punitive damages are damages awarded by a jury which are designed to punish a defendant for malicious, intentional and egregious wrongdoing.
answered on Jul 20, 2011
In my experience, approximately 90% of cases settle before trial. The cases that do not settle usually involve very disputed liability (fault), damages or injuries which the insurance company believes are questionable, or cases that are in counties where the defendant has an advantage in... View More
answered on Jul 20, 2011
If they believe there is a valid claim to litigate, they will then request that your appear for what is known as an "EUO" or examination under oath", and a physical examination by one of their doctors. The EUO is similar to a deposition, where you get asked a series of questions... View More
answered on Jul 20, 2011
You have to file a Notice of Claim form in triplicate (3 copies) by certified mail, return receipt requested. The form must be signed and notarized. You would get the claim form from your insurance company. Of course, it is always safer to file this claim through an attorney.
answered on Jul 20, 2011
The law is not very clear on this point, and the cases are not always consistent. The basic rule of thumb is that you are supposed to file a underinsurance (SUM) claim with your carrier within a "reasonably practicable time." My advice is that you should always err on the side of filing... View More
answered on Jul 20, 2011
No. In order to make a claim against your underinsurance coverage, your underinsurance coverage must be greater in value than the bodily injury limits of the car that struck you. If they are even or if the other car has more coverage, you are not eligible to make a underinsurance (SUM) claim.
answered on Jul 20, 2011
Your attorney will be requesting many items of evidence, but to start, you need photographs of the elevator, the number of the elevator if there are more than one, the identity of the building management, ownership, and the elevator maintenance company, if there is one. It woudl also be helpful to... View More
answered on Jul 20, 2011
That is true. Pursuant to the Insurance Law, a "threshold injury" includes a fracture, a disfigurement, a dismemberment, death, loss of a fetus, a medically determined permanent injury, and a catch all section involving being unable to perform your usual and customary activities... View More
answered on Jul 20, 2011
You should try contacting the New York State Insurance Department in New York City--that would be a good place to start.
answered on Jul 20, 2011
Texting while driving is a 2 point traffic infraction.
answered on Jul 20, 2011
Within 30 days of your accident pursuant to Article 65 of the Insurance Law.
answered on Jul 20, 2011
That is a very general question, but you must file a "Notice of Appeal" within 30 days of the decision or order being filed, and then the appeal must be "perfected." thereafter. You must contact an appellate attorney and not attempt to submit the appeal yourself due to very... View More
answered on Jul 20, 2011
You can take the class once every 3 years.
answered on Jul 20, 2011
Yes, if you take this class 4 points will be taken off your license and your insurance premium will be reduced by 10%.
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