What Constitutes a Serious Injury in a New York Car Accident?
New York is one of the states that operates under a no-fault insurance system when it comes to car accidents. This means that after a car accident, a driver is required to turn to their insurance company for compensation. Your insurance company typically pays for your medical expenses and a portion of your lost wages, regardless of who caused the accident. However, stepping out of the no-fault system after a New York car accident and filing a claim or lawsuit against the other driver is possible. One of the requirements for doing so is that your injury must be considered “serious” under the law. So what exactly constitutes a “serious injury” in a New York car accident? Keep reading!
Legal Definition of a Serious Injury in New York
The definition of a “serious injury” might seem easy, but this is not the case. Under New York law, such an injury has specific legal definitions. This definition is quite important as it determines if an injured individual can pursue an insurance claim or personal injury lawsuit against an at-fault party and seek compensation for non-economic damages, such as pain and suffering, which are not covered under the no-fault system. So, what is the legal definition of a “serious injury” in New York? According to New York Insurance Law section 5102(d), a “serious injury” includes;
- Permanently losing the use of a body organ
- Losing a fetus
- Mutilation
- A fracture
- Significant disfigurement
- Significant limitation of the use of a body function
- Lasting and significant restriction in the function of a body organ
- An injury diagnosed by a medical professional that limits daily functioning
- Death
Why Does the Threshold Exist?
The New York “serious injury” threshold is meant to prevent the courts from being overwhelmed by minor injury claims. This law ensures that only those with significant or lasting injuries can file personal injury lawsuits outside the no-fault system and pursue additional damages not available under the no-fault system, such as pain and suffering and full lost wages. This helps prevent frivolous litigation and conserve resources while at the same time preserving the right of those seriously injured to seek full compensation for damages not covered under no-fault insurance.
Common Types of Serious Injuries in Car Accidents
Common types of car accident injuries that may qualify as serious include;
- Severe burns
- Traumatic brain injuries
- Internal organ damage
- Spinal cord injuries
- Fractures
Proving Serious Injury
When you file a legal claim against an at-fault driver, the burden of proof is on you to show that your injury meets the serious injury threshold. Proving you meet the serious injury threshold requires solid evidence. If you are considering taking legal action against an at-fault driver after a New York car accident, the following are some of the pieces of evidence that can help you prove your injury is serious;
- Medical records and your doctor’s testimony
- Expert opinions
- Diagnostic tests such as CT scans and MRIs
- Your personal statement regarding the impact of the injury on your life
- Witness statements regarding the impact of the injury on your life
If you’ve sustained a serious injury in a New York car accident, it is crucial that you consult an experienced attorney. An attorney can assess your case, help collect evidence, and fight for the compensation you deserve.
Contact Us for Legal Help
Our Long Island car accident lawyers at Jacobson Law can help you secure the compensation you deserve after suffering a serious injury. Contact us today to schedule a consultation.
Source:
nysenate.gov/legislation/laws/ISC/5102
