How Does the “Serious Injury” Threshold Affect Car Accident Cases in New York?

How Does the “Serious Injury” Threshold Affect Car Accident Cases in New York?

Despite the many cars on the road in New York City, few people leave home with the thought of being involved in a car crash. However, just this year alone, through August there have been nearly 7,500 car accidents in the city, according to NYPD citywide stats.

Car accidents can range from fender-benders to major crashes, leaving victims with minor or serious injuries. Anyone who has suffered any type of injury would naturally think of pursuing the at-fault party for compensation for damages. However, the State of New York has a law that has a direct bearing on whether car accident victims can sue a negligent driver for compensation.

New York State’s Serious Injury Law Threshold

New York follows a no-fault law. This means that, since drivers are required to carry no-fault insurance, car accident victims are entitled to receive compensation for medical bills and lost wages from their own insurers at up to $50,000 – regardless of who was responsible for the car accident. This is considered basic economic loss.

There are a few exceptions to this rule, such as if the victim was intoxicated or engaged in another type of crime while driving.

In cases where injuries and damages exceed the lower limits of no fault, the victim may have a legal right to pursue compensation from the responsible party. However, this law does not include any type of injury. So even though a person may suffer a serious injury from a car accident, he or she can sue the negligent party only if the serious injury threshold has been met, meaning the injury falls under the specific types mentioned in the statute.

Types of Serious Injuries

New York insurance law (section 5102(d)) outlines which types of injuries would satisfy the serious injury threshold.

The following injuries are specifically mentioned in the statute:

• Death: When someone’s negligence results in the death of another, this constitutes wrongful death. The family of the victim has the legal right to file a wrongful death claim to pursue compensation for the financial and emotional damages that result from the loss of their loved one.

• Dismemberment: The loss of a limb is not an injury that may heal with time. The injured person would have to go through the process of learning how to adjust to doing tasks with fewer extremities. Not only is the process of adjustment physically difficult, but it can also be emotionally devastating.

• Significant disfigurement: In an instant, a car accident can leave a victim permanently disfigured. Having to accept his or her new altered appearance can leave the person suffering low self-esteem, anxiety, and depression.

• Fracture: Victims of major car crashes can suffer broken bones externally and internally. Arms, legs, ribs, and pelvic area are bones that are typically fractured in accidents. Not only can a broken bone be extremely painful and require extensive medical treatment, but it could take a long while to heal.

• Loss of a fetus: If a pregnant woman in a car accident suffers the loss of her unborn child, this would definitely satisfy the serious injury threshold in New York. Suffering a miscarriage can be incredibly traumatic for women in general, but when the loss occurs due to someone else’s negligence, it can be crushing.

• Permanent consequential limitation of use: This refers to any organ, such as the kidneys, liver, spleen, or another body part that no longer functions at full capacity as a result of the accident. This type of injury would satisfy the serious injury threshold since the victim is left not feeling whole.

• Significant limitation of use of a body function or system: Different from being permanent, this type of injury significantly limits the use of a body function or system. An example would be a serious type of vision damage or hearing loss. Although the victim’s sight or hearing is not totally lost, such functions have become significantly impaired as a result of the crash.

• Medically determined injury or impairment: This last category refers to an injury or impairment that prevents the victim from carrying out his or her regular daily activities for at least 90 days within the first 180 days of the accident. This must be determined by a medical professional.

It is important to note that the New York state’s serious injury law applies to practically all types of motor vehicle accidents, including bicycle accidents and pedestrians.

However, motorcyclists are exempt from meeting New York State’s serious injury threshold. As such, if a motorcyclist suffers an injury in an accident, he or she may pursue compensation from the at-fault driver for economic and non-economic damages right away.

Proving a Serious Injury

In most cases, satisfying New York State’s serious injury threshold can be very complicated. It must be proven that the victim’s injury falls in at least one of the types of injuries listed in the statute. This would require, not only the victim’s own testimony, but also substantial proof backing up the claim.

Evidence can be obtained from various sources, including:

• Medical records: Proof of the extent of injuries and costs can be provided by obtaining medical records and bills. Also, receipts for medical devices and prescription medicines would show proof of damages.

• Physician’s statements: Doctors who treated the victim can submit their findings, which would include the extent and future outlook of injuries, in writing. Medical professionals’ opinions of diagnosis and prognosis carry a lot of weight.

• Tax returns and pay stubs: Providing copies of tax returns and pay stubs or 1099s can show lost income. Additionally, the victim’s employer can provide information on any overtime, bonuses, and promotions that may have been lost due to the victim’s life-changing injuries.

• Police reports: In addition to proving the extent of injuries and damages suffered, it also must be proven that the other driver was at fault. Obtaining a copy of the police report, which would provide details of the crash and the officer’s opinion as to who is responsible for the accident, can be used as evidence to support this claim.

• Eyewitness testimony: In addition to the police report, any eyewitnesses of the crash can provide their written testimonies as to what they saw regarding the accident. Their statements can provide details of the crash from different angles.

This list is not comprehensive. There are many other sources that could be used to obtain vital evidence to satisfy the serious injury threshold. This is why having the assistance of a personal injury lawyer is vital in the aftermath of a car accident.

Speak With a New York Personal Injury Lawyer Right Away

If you or your loved one has recently been injured in a car accident, do not make the mistake of assuming that your injuries do not satisfy the serious injury threshold well enough to pursue a car accident lawsuit. Speak with an experienced personal injury attorney as soon as possible.

Meeting the requirements of the serious injury threshold can be challenging. An experienced lawyer would be familiar with what would constitute a serious injury under the statute. Your knowledgeable lawyer would be able to provide you with helpful guidance on how to proceed with your personal injury claim. Keep in mind that the law firm you choose will have a direct impact on the outcome of your car accident claim.

Make the right choice by choosing the empathetic lawyers at Hill & Moin, LLP, in New York City. Our lawyers stand ready to hear your story. As some of our clients like to say, with us, it’s “like having a lawyer in the family.” Contact us today at (212) 668-6000 for a free consultation with an attorney to learn your Personal Injury Recovery SolutionsⓇ.

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