What Is The Serious Injury Threshold in New York?
Under New York law, victims of motor vehicle accidents have the right to sue the parties responsible for the accident – as long as the injuries they sustained meet what is called the ‘serious injury threshold’.
What is the serious injury threshold and how does it affect your right to file a personal injury claim against the at-fault party?
The No-Fault Law in New York
New York is a no-fault state when it comes to personal injury. This means that if you are injured in an accident, you can file a claim with your own auto insurance provider and receive compensation – irrespective of who caused the accident.
The purpose of no-fault insurance is to make sure you get the compensation you deserve right after an accident – without having to jump through hoops or wait for a long period of time.
With that said, if your injuries are serious in nature, the compensation offered by your insurance provider might not cover your medical expenses. In such a scenario, you can sue the at-fault party and seek compensatory damages that cover not only the cost your treatment, but a wide range of other expenses and losses as well.
What Is Considered a Serious Injury under New York Law?
According to Article 51 of the New York State Insurance Law, a serious injury is one which causes:
- Loss of a fetus
- Limitation of use of a body organ, member, function, or system
- Loss of use of a body organ, member, function, or system
In addition to this, any injury that prevents you from performing day-to-day activities (showering, dressing, toileting, eating, going to work, and so on) for at least 90 days out of the first 180 days following the accident can be considered a serious injury.
Serious Injury Threshold in New York – Key Points You Need to Know
- In order to prove that your injuries meet the threshold for serious injuries, you need to provide certified medical records that state the nature, severity, and extent of your injuries, treatments required, expected recovery period, and other details.
- If there are any gaps in your treatment in the months following your injuries, you need to get a report from the physician to explain why you had to discontinue the treatment for a brief period of time.
- If you had pre-existing injuries or medical problems prior to the accident, you need to get a report from the physician who treated you to establish that the injuries you suffered in the accident are different from your pre-existing injuries.
- Any claim regarding a decrease in the range of motion or a short-term or long-term disability must be proved with the help of medical records. The records must not only confirm the disability or decrease in range of motion, but also quantify it (to what extent you are disabled or your range of motion is reduced).
Injured in a Motor Vehicle Accident? CALL TODAY!
At the Law Offices of Michael S. Lamonsoff, we know that the cost of treating a serious injury can be prohibitively expensive in New York – even if you are insured. It is why we will carefully assess your case, gather all the evidence needed to maximize the value of your claim, and fight aggressively to recover every dollar you are owed. Our goal is to maximize your financial settlement as quickly as possible.
Our capable, resourceful, and skilled personal injury attorneys have over 100 years of combined experience and are prepared to go the extra mile to recover the compensation you deserve. Call us today at 212-962-1020 or contact us online and schedule a free and confidential consultation with one of our experienced personal injury lawyers.