Jaroslawicz & Jaros has helped shape the law in New York

We wrote the brief and argued before the highest court in the state of New York-The New York Court of Appeals-in the case of Flynn v. Manhattan & Bronx Surface Transit Operating Authority, Court of Appeals of New York, 61 N.Y.2d 769; 461 N.E.2d 291; 473 N.Y.S.2d 154. This case helped define and develop the law when the court found that the injured party had established a case of negligence against the bus owner as there was evidence from which the jury could have concluded that the bus owner was negligent in failing to equip the bus with a side mirror.

Jaroslawicz & Jaros was successful in settling a case for $1.2 Million, in 1991, on behalf of a young lady who was injured by a tractor-trailer in the case of Kruger v. Salem Leasing Corp., 90 CV 0049, United States District Court, Eastern District of New York. The court found an issue was raised as to whether the tractor-trailer driver acted reasonably when he drove the tractor-trailer knowing that the throttle spring had not been replaced.

You should be aware that if you are injured in a motor vehicle accident, you have two different sets of rights: You have a right to receive No-Fault payments for your medical bills and lost earnings as well as a more important right if you have suffered a serious or permanent injury to sue for your injuries and damages, which would include, your past and future pain and suffering, medical bills, and lost wages,.

For more information on your rights under the New York No-Fault Law, see the complete article entitled “ Automobile No-Fault Law in New York.” The reason it is called “no-fault” is because when you are hurt in a car accident it does not matter even if you were 100 percent at fault; it does not matter if you were the driver or passenger in an automobile; or if you were a pedestrian. So long as you are injured by a motor vehicle in New York, and if it is not a motorcycle and you were not drunk or on illegal drugs, you are entitled to receive your no-fault benefits.

However, in New York, if you wish to sue and be compensated for your damages you may only do so if you have suffered a “serious or permanent injury” as it is defined by New York’s No-Fault statute.

If you do sue then each case is fact-specific, so that how much you will recover will depend on three factors:

1. What is the total amount of insurance coverage available? How much insurance does the other car’s driver have?
2. Do you have what is called “underinsurance” coverage on your own insurance policy?
3. What is the liability? In other words, who was at fault for the accident?
4. Regarding the extent of your injuries, how badly were you hurt and is it considered to be a “serious or permanent injury”?

All of these factors have to be taken into account and dealt with by your attorney in trying to maximize your recovery. That is why this type of personal injury litigation often requires that experts be retained to properly support the case, including experts to prove liability, who would be persons with expertise in fields such as accident reconstruction, as well as doctors such as orthopedists, neurologists, radiologists, pain management and rehabilitation experts who can explain the extent and severity of the injuries to the court and jury.

If you are injured in a motor vehicle accident and think you may have a case, it is important for you to retain a law firm that has the experience in the field, as well as the financial ability to retain the proper experts to both consult with and to testify on your behalf should your case proceed to trial.