Serious Injury Requirements?
Q: What is New York’s Serious Injury Requirement for filing a personal injury claim?
Because of New York’s No-Fault auto insurance law, the state limits the ability of car accident victims to recover damages beyond No-Fault benefits. This includes damages for pain and suffering. In order to file a successful lawsuit for pain and suffering after a car accident in New York, a victim must have experienced a “serious injury.” This requirement is also referred to as the threshold for serious injury.
According to New York insurance law, there are 8 standards that determine a serious injury.
Therefore, in order to recover damages for pain and suffering, a person must have sustained one of the following injuries in a car accident in New York:
- personal injury which has resulted in death;
- dismemberment or significant disfigurement;
- bone fracture;
- the loss of a fetus;
- the permanent loss of the use of a body organ, member, function or system;
- the permanent limitation of use of a body organ or member;
- the significant limitation of use of a body function or system; or
- any medically diagnosed injury or impairment of a temporary nature, which prevents the victim from normal activities that they performed before the car accident in New York (this impairment must restrict the victim’s normal activities for no less than 90 days during the 180 days that come immediately after the injury or impairment).
If you have been injured in a car accident in New York and you need to recover compensation for pain, suffering or medical bills beyond the $50,000 limitation of New York’s No Fault law, you should seek help from a New York personal injury lawyer.
Contacting a New York Personal Injury Lawyer
At Gacovino Lake & Associates we have formed a dedicated network of personal injury lawyers that serve clients nationwide. Our New York office serves residents of the 5 boroughs with their auto accident, medical malpractice, defective drug, premises liability and Workers’ Compensation claims. For experienced help with your personal injury claim, contact us today – 1-800-246-4878.
