Personal Injury Claims:

  • Car Accidents
  • Truck Accidents
  • Bus Accidents
  • Pedestrian Knockdowns
  • Motorcycle Accidents

FAQs

motorvehicle

Motor vehicle accidents include cars, trucks, vans, buses, SUV’s, and motorcycles, and may involve one vehicle, multiple vehicles and pedestrians. Because there are so many vehicles on the road today, motor vehicle accidents are very common. When auto accidents are caused by another driver’s negligence or recklessness. The Law Offices of Stuart M. Kerner, P.C. will investigate, prosecute and negotiate with the insurance company of the negligent party to settle your claim and obtain compensation for you based upon the severity of your injury and your pain and suffering.

A car accident claim has three distinct parts:

Part 1- No Fault Insurance Claims

New York is a ” no-fault ” insurance State. This means that if you are injured in a car accident, you will be able to recover compensation for medical bills and lost wages even if the other driver had no insurance or you yourself, were partially responsible for the accident. It does not matter who’s fault the accident was. The vehicle you were in at the time of the accident (or the vehicle that struck you if you were a pedestrian) will pay for all reasonable and necessary medical expenses up to $50,000.00*, arising out of the accident as well as lost earnings up to $2,000* per month and up to $25* daily for other reasonable and necessary expenses. This applies to all cars, trucks, SUVs and vans. However, motorcycles are exempt. (*These are minimum amounts of PIP coverage. Higher amounts may exist depending on coverage).

The No-Fault claim must be usually filed within 30 days after an accident and all hospitals and doctors must file their bills in a timely manner in order to get paid. We assist with the filing of these claims.

Part 2 – Liability

Who caused the accident? In New York, fault is apportioned, meaning out of 100%, it is possible that each driver could share some percentage of liability.

Part 3 – Damages

In New York State we have what is known as a serious injury threshold. This means that one cannot legally bring a lawsuit for personal injuries unless those injuries are deemed “serious” under the law. This is an area of constant contention in court. Certainly, where there is death, dismemberment or disfigurement the injuries would automatically be considered serious. The same holds true for a fracture of any bone.

However, for a whole host of other injuries that are not in the first group, a plaintiff must show that the alleged injury is permanent, significantly limiting or has caused that person to be disabled for 90 days out of the first 180 days after the accident. However, some injuries, sometimes called “soft tissue” injuries to the neck, back, head and other body parts require the injured party to prove that these injuries will affect you over a very long period of time.

Please call us for a professional evaluation of your case.  We will be happy to analyze your specific fact pattern and discuss the law as it applies to you.

Please contact our Law Firm for a professional evaluation of your case. We will be happy to analyze your specific fact pattern and discuss the law as it applies to you.

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Testimonials*

“I am very happy how Mr. Kerner worked on my case. He always called me and kept me up to date. After another attorney dropped my case, Mr. Kerner took me on as a client and was able to get me a good settlement.”

– Testimonial of “Raymond P”

“Thank you to Mr. Stuart for his services. When no other lawyer wanted to take my case he did. He was very professional and I am very happy with the results he got me. I also want to thank him for treating me like family and not just a client.”

– Testimonial of “Julio P.”

“Stuart Kerner has been my lawyer since 1994. I have had several accident cases with him and he has always done well for me. I think of him like a friend and not just my attorney. I have referred many people to Stu and they all have been very satisfied.”

– Testimonial of “Ken D.”

“I am very happy with my attorney, Mr. Kerner. He got me a very good settlement. I recommend him to everyone who has had an accident and needs a good attorney.”

– Testimonial of “Johanna N.”

“The Law offices of Stuart Kerner has treated me like family. They dedicated a lot of time to help me and were very successful in the outcome of my accident case. I highly recommend attorney Stu Kerner to all clients.”

– Testimonial of “Jose D.”

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Affiliations

  • NYSTLA
  • Bronx Country bar Association

The information provided is meant as a general source of information only and should not be substituted for sound legal advice. We are not be liable for any errors or delays in the content or for any actions taken in reliance thereon.
(*) Prior results do not guarantee a future similar outcome.