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Winkler Kurtz LLP

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      • James R. Winkler
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        • Long Island Car Accidents
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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
    • Real Estate
  • Case Results
  • Testimonials
  • Contact Us

Serious Injuries

Thirteen U.S. states, including New York, follow no-fault car insurance laws. In no-fault states, people who are injured in car accidents must turn to their own car insurance coverage to pay for medical bills and to receive compensation for lost income, regardless of who was at fault.

New York’s insurance system covers the costs of medical treatment, lost income (up to $2,000/month for up to 3 years), and other expenses related to the accident (up to $25/day for 1 year). Under New York no-fault law, the maximum amount recoverable per person is $50,000.

The only situation in which injured New York drivers may pursue compensation from the at-fault driver is if the accident resulted in “serious injuries.”

Definition of Serious Injuries

New York Insurance Laws section 5102(d) defines a serious injury as a personal injury that results in:

  • Death
  • Dismemberment
  • Significant disfigurement
  • A fracture
  • A loss of a fetus
  • Permanent loss of use of a body organ, member, function, or system
  • Permanent consequential limitation of use of a body organ, member, function, or system
  • Significant limitation of use of a body function or system
  • 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 than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

Compensation for Serious Injuries

People who have been seriously injured in an accident are entitled to fair compensation for damages. These include:

  • Loss of income or employment
  • Permanent disability
  • Pain and suffering
  • Disfigurement
  • Medical Expenses

What to do After an Accident

  1. Your health comes first. See your doctor and obtain treatment for your injuries.
  2. Avoid discussion of the accident.
  3. Do not give a statement to the at-fault driver’s attorney or insurance company. Tell them to contact your attorney or insurance company.
  4. Consult with a personal injury attorney to discuss the details of your accident.

Enlist the Support of a Serious Injury Lawyer

It is not always clear as to what constitutes a serious injury under New York law. For example, terms such as “significant” are open to debate. If you believe you have suffered serious injuries and wish to pursue a personal injury claim outside the no-fault system, it is important to consult with an experienced lawyer. The attorneys at Winkler Kurtz, LLP are proven serious injury lawyers who can aggressively manage tough injury cases. Contact us online or call us at 631-928-8000 today at to schedule a complimentary consultation to discuss the details of your claim.

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Practice Areas

  • Personal Injury Lawyer On Long Island
  • Divorce & Family Law
  • Long Island Medical Malpractice Lawyer
  • Trusts & Estates
  • Real Estate

Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

VIEW MORE TESTIMONIALS

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CONTACT US

Winkler Kurtz, LLP
1201 Route 112, Suite 200
Port Jefferson Station, NY
11776

Phone:

(631) 928-8000


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(631) 928-8578

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