In New York, when you are injured in a car accident, the barrier that separates the no-fault system from the courts is the “serious injury threshold.” So when the costs add up and the insurance payout just isn’t enough, the question becomes, “Does my injury qualify as a serious injury?” As a personal injury law firm in NYC that handles car accident cases on a regular basis, we at Gabriel Law understand that this legal requirement can be confusing to some. That being the case, we want to take this opportunity to help everyone understand NY’s serious injury threshold, what you need to prove a serious injury, and more.
What is the Serious Injury Threshold?
The serious injury threshold is the legal standard that allows accident victims to bypass the “no-fault” system and sue the at-fault party for non-economic damages such as pain and suffering. In New York, you satisfy the serious injury threshold when you prove that you suffered a “serious injury.”
According to Section 5102(d) of the New York Insurance Law, a “serious injury” means a personal injury that can result in:
- Death;
- Dismemberment;
- Significant disfigurement;
- A fracture;
- The loss of a fetus;
- The permanent loss of the use of a body organ or member;
- The significant limitation of the use of a body function or system; or
- An injury that is covered by the 90-180-Day rule
What is the 90/180-Day Rule?
Simply put, the injuries that fall under this category are temporary injuries. You must prove that this injury has prevented you from performing your usual daily activities. You should be prevented from doing so for at least 90 days within the first 180 days immediately after the accident.
Consider a chef working at a restaurant. It is customary for the chef to go to the restaurant, prepare the ingredients, and cook as part of his job. If he has suffered a temporary injury, if the chef can show that it prevented or substantially limited him from performing his tasks for at least 90 days within the first 180 days after the accident, he may be able to overcome the serious injury threshold.
How Do You Prove a Serious Injury?
To prove a serious injury, you need to first show that the injury was the result of the accident. Afterwards, you must present objective medical documentation such as X-rays, MRI scans, and CT scans to demonstrate the extent and severity of the injuries. Other medical evidence such as ambulance reports, emergency room notes, and prescriptions can be useful for your car accident lawyer in NYC to further build your case. At the same time, journal entries and witness testimony from family members and colleagues can be useful in painting a comparison of how you were before and after the accident.
What Happens If You Don’t Meet the Serious Injury Threshold?
In New York, if you don’t meet the serious injury threshold, you cannot file a personal injury lawsuit. When you aren’t able to file a lawsuit, you are restricted to compensation provided by your Personal Injury Protection (PIP) coverage. Under your PIP insurance, you can only claim compensation for economic losses such as medical expenses, lost income, and other connected expenses. You will not be able to claim compensation for non-economic losses such as pain and suffering. Furthermore, your basic PIP policy restricts your compensation to $50,000, unless you have supplemented it with additional coverage.
How Can a Personal Injury Law Firm in NYC Help?
When you want to break free from the restrictions of New York’s no-fault system, you need an accident lawyer in New York to help you out. You should contact an attorney as soon as possible because they can:
- Look at the facts and explain your legal options.
- Set your expectations on compensation.
- Work with experts to determine whether the injuries are “serious injuries.”
- Collect evidence and build a strong and compelling case.
- Determine a value for the damages suffered and take steps to maximize the compensation.
- Handle all the documentation and make timely submissions before deadlines.
- Negotiate with insurance companies to achieve a fair settlement.
- Represent you in court and fight for your case
Conclusion
Understanding New York’s serious injury threshold is a must when deciding whether you can or should attempt to pursue compensation beyond the no-fault system. While the law is designed to reduce lawsuits, being able to overcome it means that those who have suffered genuine injuries have the chance to claim the compensation they deserve.
If you’ve been injured in a car accident, Gabriel Law can help. We will help you determine whether your injury qualifies as a “serious injury” and, based on our findings, help you pursue the compensation you deserve. We will be there with you every step of the way. Contact us today and schedule your free consultation.
