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In New York, there is a “serious injury” threshold you need to meet first if you intend to seek damages for your injuries from an at fault driver. The pain and effects of accident injuries are very real and serious to you, but they must also fit under the legal definition of “serious injury.” This is just one of the legal hurtles placed in front of you when navigating the personal injury system. Get trusted counsel by your side to help you through at all. Attorney Michael LoGiudice is well versed in personal injury claims and knows how to approach the ins and outs of the system to get you the monetary compensation to which you are legally entitled.
What is New York’s “Serious Injury” Threshold?
In an attempt to discourage frivolous claims and excessive litigation, New York has put a substantial road block in place to recovering under a personal injury claim. This is the serious injury threshold. It is not insurmountable, but often requires an attorney with specialized knowledge of personal injury law to properly frame a claim so that you can be properly compensated under the law. The serious injury threshold is defined under New York State Insurance law and includes a person who has sustained any of the following medical conditions:
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Dismemberment
Significant disfigurement
Fracture
Death
Loss of a fetus
A permanent loss or use of a body organ, member, function, or system
A permanent disability or limited use of a body organ, member, function, or system
A non-permanent injury that prevents you from the performance of your daily activities for at least 90 days within the 180-day period immediately following the accident
As you can see from the list, some injuries will clearly fall into the serious injury category while others may fall into the grey area. Many accidents will leave people with painful vertebral disc bulges and herniation, muscles strains and sprains, and other types of soft tissue injuries. These injuries are not specifically listed, but could fall under something like the non-permanent injury category if it prevented you from attending to your everyday activities for at least 90 days within a 180-day time period immediately following the accident.
If you fail to satisfy the serious injury threshold requirement set by New York law, the insurance company for the negligent driver who caused the accident and your resulting injuries will not be responsible for paying your damages. You will not have a right to pursue a court action against them.
Trusted Legal Representation to Get You Proper Compensation for Your Accident Injuries.
Personal injury law is complicated. Don’t let the complexities and grey areas prevent you from being properly compensated for the injuries you sustained in an accident caused by someone else’s negligence. With an extensive background in personal injury law and a thorough understanding of how the system works, Attorney Michael LoGiudice is the person you want by your side after being injured in an accident. Contact Michael LoGiudice, LLP today.