Can I Sue for Pain and Suffering in a New York Car Accident Case?
A car accident can affect your life in many ways – physically, financially, and even emotionally. A common question people ask after a New York car accident is if they can sue for pain and suffering damages. So, can you sue for pain and suffering in a New York car accident case? Unfortunately, not all car accidents, even those that cause bodily injury, are eligible for compensation for pain and suffering in New York. New York is a no-fault insurance state, and compensation for pain and suffering can only be recovered under limited circumstances. Understanding when and how this is possible is vital to ensuring you protect your rights and recover the compensation you deserve.
Understanding New York’s No-Fault Laws
The no-fault insurance laws in New York require people to turn to their insurance company for compensation after a car accident. After a car accident, your insurance company pays for your economic damages, which include medical bills, lost wages, and out-of-pocket expenses, regardless of fault.
However, in exchange for receiving benefits quickly, you cannot recover compensation for non-economic damages like pain and suffering. You can only seek compensation for pain and suffering and other non-economic damages if you meet the state’s “serious injury” threshold. Under Section 5102(d) of the New York Insurance Law, a serious injury includes;
- Mutilation
- Losing a fetus
- A fracture
- A significant disfigurement
- Significant limitation of the use of a body function
- Permanent loss of use of a body organ, function, system, or member
If your injury meets this threshold, you can file a personal injury lawsuit against the at-fault driver for pain and suffering and other damages. However, unlike in a no-fault claim, the other driver will fight back against your claim by, for instance, minimizing your injuries or putting the blame on you. It’s crucial that you retain an experienced attorney who can help you fight for the compensation you deserve.
Contact Us for Legal Help
The Long Island car accident lawyers at Jacobson Law, serving clients in Suffolk and Nassau counties, across Long Island, and throughout NYC, are here to help. Call us at 631-661-2030 or complete our online contact form to schedule a consultation.
Source:
nysenate.gov/legislation/laws/ISC/5102
