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Posted by Scott M. Peterson | Jun 13, 2015 | 0 Comments

Auto Accident Attorneys serving Albany, Saratoga, Glens Falls and Beyond
Representing victims of automobile, motorcycle, trucking and other accidents.

New York State laws protect victims of automobile accidents. It is important to keep in mind, however, that under the “no-fault” rules, not everyone injured in an automobile accident is entitled to bring a lawsuit for their damages. Thus, insurance companies do not offer payment in all cases.

Under the No-Fault law, you must have suffered a “serious injury” to bring a lawsuit in New York State.

Of course, if you are the victim of an automobile accident, your injuries will generally be serious to you. However the New York State Insurance Law has established the following categories of “serious injury” which will allow an injured victim to bring a lawsuit:

1) ” A personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus;”

2) Permanent loss of use of a body organ, member, function or system;

3) Permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system, or

4) A medically determined injury or impairment of a non permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less that ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.”


If you are Injured in an car or truck accident in Albany, Saratoga or Glens Falls, it is important that you contact an attorney who understands the nuiances of the Insurance law, as many claims do not fit clearly into one of the categories of serious injury.

About the Author

Scott M. Peterson

Scott M. Peterson is the founding partner of D'Orazio Peterson, having left a partnership at a large regional law firm to limit his practice and focus on exclusively representing individuals in a small number of employment and serious injury/medical malpractice matters. Scott's favorite part of practicing law is getting in front of a jury and standing up for an individual against a large company or institution.

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