Does plaintiff recover both amounts below and above serious injury limit in a civil case even after payment of no fault insurance?
A carrier's no-fault obligation and BI limits obligation have nothing to do with one another. The amount a no-fault carrier pay, as a matter of contract, has no bearing on a BI carriers exposure. The limits of the bodily injury coverage remain the same regardless of how much was paid in no-fault benefits.See question
Where is the driver supposed to collect from? How much from each policy is he allowed to recover?
Comp is primary and there is no compensation lien for the first 50,000.00 that no-fault might have otherwise been responsible for. Amounts paid over 50k (basic economic loss) is subject to lien by the compensation carrier.See question
Case of pedestrian hit by a car, a few days on life support then passed. Insurance co for the driver & owner of the car has offered to settle, paying the maximum of their clients policy's limit. No suite or action has been filed . We have the rel...
Whether or not an action has been filed has nothing to do with the need to have the settlement compromised by the court. How does the insurance company know who to issue the settlement check to? What's going to happen if a family member steps forward and demands a share of the settlement? There is a procedure for settling these matters so whatever you were told by the court offices, I would not necessarily rely on that advice.See question
My friend was hit by a car, on life support/unresponsive for days then passed. He was disowned & is estranged by his entire family for over 40 years. There are extenuating circumstances w proof no family should b heirs. He's never been a source of...
Whether or not the matter was settled without litigation does not dictate who is entitled to take. And without more information available, the simple answer is yes, the family can look to get a share of the recovery. Discuss this with your attorney.See question
If granted Summary Judgement by NYS Supreme Court how does one collect. Can I just go to where his bank account is?
As Mr. Schwimmer indicates, you must reduce the decision to a money judgment, enter the judgment in the appropriate court(s) and then seek to execute on it. The procedure is somewhat involved so you may want to consider getting an attorney familiar with collections involved.See question
Client knee hit starring wheel ,due to rear ended, by another car; leg went dead, couldn't move due impact; injury lead to medial meniscus tear arthroscopic knee surgery. Ten months of chiropractor therapy, seeing doctor 2x a week. Lawyers in new ...
As my colleagues point out, there is simply not enough information here to respond to your question. Your attorney is in the best position to evaluate your damages. If you don't trust him/her, then move on. If you do, then listen to his/her advice.See question
How can a New York Car accident lawyer withdraw as counsel when he/she feels that the case has no merits prior to filing suit?
As Mr. Pascale says, the lawyer can send a non-engagement letter based upon the results of his/her investigation. Do you want a lawyer handling a case he/she feels has no merit?See question
I was rear ended twice. It resulted in two different No Fault cases, with different injuries and some exacerbated injuries. I'm already doing PT 3x/week & Massage 3x/week, each on their own day for one case. Its been recommended that I try aqua...
Technically you should be able to go to different therapies for different injuries. As a practical matter, your therapists should know what you are doing especially since the overlapping treatment multiple times a day may be doing more harm then good. You also run the risk of getting one or the other (or both) accident related treatments terminated if each is determined to not be medically necessary in light of the other. Be up front with your therapists.See question
He molested me for a year. I blocked it.out becaue we moved. When I was a teenager we moved back and I saw his face and everything hit me like a brick. I did research on him and.discovered he continued to sexuly.assult young girls.even though I be...
Ms. Brice is correct. It is likely that your time to bring a claim has expired however if you have proof that such acts are still being committed, you should consider going to the police.See question
I'm concerned that everything I worked for (my home) can be taken away by a lawsuit that I have no fault in. If so, is there anything I can do to protect myself n children to prevent losing my savings, assets, etc. if such a lawsuit would take pl...
Possibly. Do you have an ownership interest in the car? Is the house jointly owned? If you have an ownership interest in the car that was involved then you may be vicariously liable by statute. Signing a document will serve no purpose. If you are concerned about your personal exposure as a result of this accident, you should consult with an attorney to discuss that exposure and how it may impact your assets.See question