Personal injury

Provided by Anthony LoBiondo, Esq

In addition to the information below, please visit our Personal Injury Blog for more information.

What is a “personal injury”?

When used in the law, the term “personal injury” generally refers to a physical or psychological injury caused due to the negligence of another party. If you have been injured due to the negligence of another, you may be entitled to receive money damages and compensation.
Personal injury law can include many types of cases, a few of which are: Motor vehicle or Motorcycle accidents; Fall downs- premises liability; Dog bites or injuries caused by other animals; Labor Law and Construction Site Accidents; Product Liability; Medical malpractice; Aviation injuries; Wrongful death.
A personal injury, no matter how small or how grievous, can devastate the victim, their family, and possibly, the rest of their life. If you have been injured, or believe you have been the subject of a personal injury, please immediately contact one of our offices, at (845) 897-4900 or (897) 569-7600 for a

FREE initial consultation and injury evaluation.

Or you may email Anthony LoBiondo at Anthony@LoBiondoLaw.com. It is important that you take action immediately to protect your rights.

Why is it important that I take action right away?

The law imposes time limits on how long you have to start a legal action. This is referred to as a “Statute of Limitations.” The “Statute of Limitations” in personal injury cases can vary depending on the types of parties involved.

For instance, claims against municipalities and the State of New York have a shorter statute of limitation, and a “Notice of Claim” may need to be filed as early as 90 days from the date of the accident. The Statute of limitations for claims against the State of New York is generally two years.

A claim against a private defendant is different, and the “starting point” to measure a “Statute of Limitation” varies from case to case and from State to State.

If you have any questions about a “Statute of Limitations,” please immediately contact one of our offices, at (845) 897-4900 or (897) 569-7600 for a free initial consultation and injury evaluation. Or you may email Anthony LoBiondo at Anthony@LoBiondoLaw.com. It is important that you take action immediately to protect your rights.

bution” of marital assets and marital liabilities. New York State recognizes a distinction between “separate property” and “marital property.”

The basic provisions of divorce in New York State are governed by a statute known as the “Domestic Relations Law.” New York Domestic Relations Law Section 236B(1)(c) can be summarized to provide that “marital property” consists of property acquired by either or both spouses during the marriage and prior to the parties executing a valid “separation agreement” or commencing a valid divorce action.

“Marital property” does not include “separate property.” New York Domestic Relations Law Section 236B(1)(d) can be summarized to provide that “separate property” consists of property acquired by one spouse prior to the marriage; or by gift from someone other than the other spouse; or as compensation for personal injuries; or property acquired in exchange for or the increase in the value of separate property (with certain exceptions) or property described as “separate property” by valid written agreement.

The Domestic Relations Law provides that both marital assets and marital liabilities (mortgages, consumer debt, etc.) will be equitably distributed.

For questions about the meaning of marital property, separate property and/or equitable distribution, you should contact an attorney licensed to practice in New York State.

Should I see a doctor?

If you have suffered a personal injury, it is important that you seek medical attention right away. At times, an injury may seem small at first, but can become serious more later.

If you have any questions about medical attention after an injury, please immediately contact one of our offices, at (845) 897-4900 or (897) 569-7600 for a free initial consultation and injury evaluation. Or you may email Anthony LoBiondo at Anthony@LoBiondoLaw.com. It is important that you take action immediately to protect your rights

Who will pay for my medical bills?

In motor vehicle accident cases, the “no-fault carrier” should be responsible for your medical bills and a percentage of lost wages. No fault claims must be filed within 30 days from the date of the accident or you may be denied coverage.

No-fault benefits should be used rather than private medical insurance benefits as no fault generally will not assert a “lien” (a legal right to be repaid) against your recovery for the first $50,000 in medical bills or lost wages; whereas private medical insurance companies have the right to assert such a “lien”.

If you are the injured driver of the car that was involved in the accident, you may file for no-fault benefits with your car insurance carrier.

If you are the injured passenger in the motor vehicle which is involved in the accident, you may file for no-fault benefits with the insurance carrier of the car where you were a passenger.

If you were a pedestrian struck by a motor vehicle, you may file for no-fault benefits with the insurance carrier of the car which struck you.

In other types of cases, it is important to determine if the party who is negligent is insured and whether their policy includes payment of medical benefits.

Payment of your medical bills is an important right, and it is important that you find out what your rights are in your case.

If you have any questions about payment of your medical bills after an injury, please immediately contact one of our offices, at (845) 897-4900 or (897) 569-7600 for a free initial consultation and injury evaluation. Or you may email Anthony LoBiondo at Anthony@LoBiondoLaw.com. It is important that you take action immediately to protect your rights.

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