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Associated Press
08-07-2025
- Automotive
- Associated Press
Brooklyn Car Accident Lawyer Samantha Kucher Explains New York Car Accident Settlements
Understanding how car accident settlements work in New York is critical for anyone recovering from a crash. Brooklyn car accident lawyer Samantha Kucher ( ) of Kucher Law Group provides a detailed explanation in a recent article titled 'How Car Accident Settlements Work in New York: Timeline, Negotiation Letter, and Payouts'. The article breaks down the process from the first steps after an accident to the final payout, offering vital information for those navigating the state's no-fault system and liability thresholds. As a Brooklyn car accident lawyer, Samantha Kucher highlights the importance of following legal requirements immediately after a crash. Victims are urged to report the incident to law enforcement, file Form MV-104 with the Department of Motor Vehicles if the damages exceed $1,000, and begin gathering evidence from the scene. These initial actions set the stage for a smoother settlement process and help protect the individual's legal rights. Samantha Kucher emphasizes that a Brooklyn car accident lawyer can help claimants understand the state's no-fault system. Under New York law, Personal Injury Protection (PIP) covers up to $50,000 for medical expenses and lost wages, regardless of who caused the accident. However, if injuries go beyond this coverage or involve non-economic damages like pain and suffering, claimants must meet the 'serious injury' threshold to pursue additional compensation through the at-fault driver's insurer. This includes injuries such as fractures, disfigurement, or extended disability that prevents daily activities for 90 out of 180 days. Once the initial treatment phase concludes and a claimant reaches Maximum Medical Improvement, Samantha Kucher explains that the next step is the demand letter. The demand letter outlines the accident, medical history, lost income, and a specific settlement amount. It also includes supporting documentation and gives the insurer a deadline to respond. 'A skilled attorney can help draft your letter and ensure that all the necessary details are included for the insurance company's consideration,' the article states. Insurance companies may accept the demand, reject it, or more commonly, counter with a lower offer. Samantha Kucher points out that settlement negotiations can take weeks or months depending on the injury's severity, the strength of evidence, and whether liability is disputed. While many cases resolve during negotiations, some require a lawsuit to proceed further, especially when the insurer refuses to pay what the claimant is owed. The Brooklyn car accident lawyer also outlines what happens when a lawsuit becomes necessary. The process begins with filing a formal complaint, followed by an exchange of information during discovery, and possibly going to trial. Although trials are rare, the threat of litigation often motivates insurers to offer better settlements. As noted in the article, 'Filing a lawsuit doesn't just preserve your claim, it can also change the insurer's posture.' Timing is another essential factor. New York law requires lawsuits to be filed within three years of the accident, or within 90 days if a government entity is involved. Missing these deadlines can result in losing the right to seek compensation entirely. Samantha Kucher advises that legal action can be both a strategic move and a safeguard for one's legal rights, especially when faced with insurance delays or denials. The settlement amount itself is based on several key factors. According to the article, damages are categorized into economic (medical bills, lost income, property damage), non-economic (pain and suffering, emotional distress), and in rare cases, punitive damages. The claim's size, liability disputes, comparative negligence, insurance policy limits, and even the court venue all influence how much compensation a claimant may receive. For example, Samantha Kucher explains that if a claimant is found partially at fault for the accident, their compensation is reduced proportionally. A person who is 20% responsible for the accident would receive 80% of the total settlement amount. She also notes that venues such as Manhattan or the Bronx tend to award higher settlements compared to other counties, making local legal insight an important consideration. Once a settlement is reached, New York law mandates that insurance companies issue payment within 21 days. Government entities have up to 90 days. The funds are usually routed through the attorney's trust account, with disbursements made after resolving any liens or legal fees. Most claimants receive their payment within two to three weeks after finalizing the agreement. The article from Samantha Kucher concludes by reiterating the importance of knowing how the system works. From documentation and filing deadlines to insurer tactics and negotiation strategies, each step affects the final outcome. Legal guidance can help ensure that claimants are not shortchanged during any phase of the settlement. For those facing the aftermath of a car accident in Brooklyn, understanding each step in the settlement process is a critical part of recovery. Samantha Kucher's breakdown provides a reliable guide to navigating New York's car accident claims and reaching a fair resolution. Kucher Law Group continues to advocate for injured individuals across New York City. With a deep understanding of the local legal landscape, Samantha Kucher offers clarity and support to those who may be overwhelmed by the settlement process. About Kucher Law Group: Kucher Law Group is a New York-based law firm focused on helping injury victims pursue the compensation they need after accidents. Led by attorney Samantha Kucher, the firm is committed to providing personalized legal guidance to clients across Brooklyn and the greater NYC area. Embeds: Youtube Video: GMB: Email and website Email: [email protected] Website: Media Contact Company Name: Kucher Law Group Contact Person: Samantha Kucher Email: Send Email Phone: (929) 563-6780 Address:463 Pulaski St #1c City: Brooklyn State: New York 11221 Country: United States Website: Press Release Distributed by To view the original version on ABNewswire visit: Brooklyn Car Accident Lawyer Samantha Kucher Explains New York Car Accident Settlements
Yahoo
29-04-2025
- Health
- Yahoo
Why personal injury lawyers are so common in Florida
TAMPA, Fla. (BLOOM) — From billboards along I-275 to late-night TV ads, personal injury lawyers are a constant presence in Florida. This prevalence is not coincidental; it reflects several factors unique to the Sunshine State. Florida's dense population and extensive tourism contribute to a higher rate of accidents. According to the Florida Department of Health, unintentional injuries, including motor vehicle collisions and falls, are among the leading causes of death for residents aged 1-44. The state's no-fault insurance system, requiring Personal Injury Protection (PIP) coverage, often leads to disputes over coverage limits, prompting individuals to seek legal assistance. Florida Department of Health Historically, Florida's legal framework has been favorable to plaintiffs in personal injury cases. However, recent legislative changes have altered this landscape. In 2023, Florida enacted significant tort reform through House Bill 837, which, among other changes, reduced the statute of limitations for general negligence claims from four years to two years. Additionally, the state shifted from a pure comparative negligence system to a modified one, barring plaintiffs from recovering damages if found more than 50% at fault. The competitive nature of the personal injury legal market in Florida has led to aggressive advertising strategies. Firms like Morgan & Morgan have invested heavily in marketing, boasting recoveries of over $15 billion for clients. This saturation of advertising not only increases public awareness but also reinforces the perception of accessibility to legal recourse. Most personal injury attorneys in Florida operate on a contingency fee basis, meaning clients pay no upfront costs and attorneys receive a percentage of the settlement or judgment. This model lowers the barrier to entry for clients seeking legal representation and incentivizes attorneys to pursue cases with a high likelihood of success. The prominence of personal injury lawyers in Florida is the result of a high incidence of accidents, a historically plaintiff-friendly legal environment, aggressive marketing practices, and accessible fee structures. While recent legal reforms may impact future litigation dynamics, the demand for personal injury legal services in Florida remains robust. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
08-03-2025
- Automotive
- Yahoo
These are the minimum car insurance requirements in every state
No matter which U.S. state you call home, you probably need auto insurance to be roadworthy. Coverage requirements vary, but every state (save one) requires some form of liability insurance, and some require additional coverage such as personal injury protection (PIP) or uninsured motorist coverage. Here's a look at which coverage is required by law in each state. Here's when each type of coverage kicks in and what it covers. Note that these coverages work differently depending on whether you're involved in an accident in an at-fault or no-fault state. No-fault auto insurance requires you to file a claim with your own insurance regardless of who is responsible for the accident. Learn more: What is no-fault car insurance and how does it work? Bodily injury liability insurance protects you financially if you're found responsible for an accident, and the other driver or one of their passengers is injured. This insurance can cover the injured party's healthcare costs, lost wages, or legal counsel if you're sued after an accident. It can also cover funeral costs. Learn more: What is liability car insurance and how much do you need? Property damage liability insurance, the second component of liability coverage, protects you financially if you're at fault in an accident and the other driver's vehicle needs repairs. It can also cover you if you hit an object, like a fence or mailbox. One of the most common minimum liability limits required by states are $25,000 in bodily injury liability coverage per person; $50,000 in bodily injury coverage per accident; and $25,000 in property damage liability coverage per accident. This is written as 25/50/25 in policies. If you're involved in an accident with an at-fault driver who doesn't have enough insurance to cover your vehicle repairs or health care costs, uninsured/underinsured motorist (UIM) coverage helps close the gap. Note that in many states, insurance companies are required to offer UIM coverage, but you can usually sign a waiver to drop or reduce the coverage. Uninsured/underinsured motorists are generally broken down into two parts, similar to liability insurance: Uninsured/underinsured motorist bodily injury Uninsured/underinsured motorist property damage It can pay for your medical bills and those of your passengers, as well as repairs to your car after an accident. A few states, such as South Carolina and Texas, may require policyholders to pay a small deductible before UIM coverage kicks in. If you live in a no-fault auto insurance state, you may need Personal Injury Protection (PIP) coverage, also called no-fault insurance. This coverage can pay for your medical bills or those of your passengers, lost wages if you or your passengers are unable to work after the accident, and essential services like childcare or housekeeping. PIP kicks in no matter who's found at fault in an accident. Medical payments coverage, also called medical expense or Medpay coverage, is typically available in tort states (aka states that aren't no-fault). It works similarly to PIP, but it's more limited. For instance, Medpay will cover your or your passenger's medical expenses but won't cover lost wages or essential services. Learn more: Most common types of car insurance explained Some form of car insurance is required in all U.S. states except New Hampshire. Florida and New Jersey, which are no-fault states, don't require bodily injury liability insurance but do mandate property damage liability coverage and personal injury protection (PIP) coverage. Even though car insurance isn't required in New Hampshire, drivers still need to provide proof of financial responsibility in the event of an at-fault accident. While lax coverage requirements may seem like a boon, you could end up paying thousands of dollars out of pocket to cover repairs to someone else's car or pay for their medical care from injuries. If you can't afford to pay these expenses, your license may be suspended. For this reason, having liability coverage is smart, even if it's not required in your state. Minimum auto insurance coverage varies in price based on several factors, including the insurance company you choose, your location, the type of car you drive, your driving record, and more. The average cost of a liability-only policy from Progressive ranges from $80 to $157 per month. But that cost could be lower or higher depending on the factors mentioned. Whether you opt for minimum or full coverage car insurance depends on your needs and preferences. It makes sense to get full coverage if you drive a newer car. But if your car is older and has high mileage, dropping to a minimum coverage policy could make sense. Just remember that if you opt for basic insurance that only covers your liability in an at-fault state, be prepared to be financially responsible for repairing or replacing your own car or any medical bills you or your passengers incur. Driving without adequate car insurance is illegal in most U.S. states and could result in hefty fines. Car insurance also provides valuable financial protection if you're in an accident, and if you don't have a policy, you could end up paying significant expenses out of pocket. Lapses in coverage can also be costly since you could be required to file an SR-22. This is a statement of financial responsibility that usually means you'll have to pay more for auto insurance or risk having your coverage canceled. Most states have steep fines or penalties for driving without insurance as a deterrent. Auto insurance financially protects both you and other drivers in the event of an accident. Without it, you can be held personally liable in court for damage and injuries caused in an at-fault accident. It's important to note that in addition to state laws, lenders also usually require auto insurance to protect the value of the car until you've paid off the loan. This article was edited by Tim Manni Kaz Weida contributed to this article
