If you’ve been in an accident, you may have suffered injuries that impact your life. But what’s is New York’s serious injury threshold, and what does it mean for your case?
If you’re hurt and need more information, reach out to a car accident lawyer. They can help you take the right steps for your claim.
Victims of motor vehicle accidents are often surprised to learn that not every injury is entitled to compensation. This is due to New York’s serious injury threshold. To recover compensation for pain and suffering as a result of a motor vehicle accident, an accident victim must prove their injury meets the serious injury threshold requirement.
If your injuries do not satisfy at least one of the following nine categories of New York's serious injury threshold, you will not be able to receive compensation for your pain and suffering in court:
Your injuries may also be impacted by the 90/180 day rule. This refers to a medically-determined injury or impairment of a non-permanent nature. This injury prevents the injured person from performing acts that make up the person’s daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
Most of these categories are straightforward, such as death and fracture. The last three categories are not as straightforward. If you have common injuries such as herniated disks, muscle strains, and other soft tissue injuries, you can argue that your injuries fall within the last three categories.
Sadly, you can also expect the insurance carrier or their attorneys to argue that you do not satisfy the serious injury threshold. If they offer you anything, it will be minimal. If you do not accept their minimal offer, they will try to have your case thrown out.
We understand that injuries such as herniated disks, muscle strains, and other soft tissue injuries can be very debilitating. You deserve fair compensation even if you do not have a fractured bone (i.e., broken bone).
The qualified and experienced New York City car accident lawyers at Greenstein & Milbauer, LLP are ready to help. We will make sure that you receive the compensation you deserve.
The car accident lawyers at Greenstein & Milbauer, LLP can help you recover and avoid being a victim twice—that means protecting you from being victimized by insurance companies and parties that don’t want to pay for your suffering.
If a family member was a victim of a motor vehicle accident, call 1-800-VICTIM2 (1-800-842-8462) or complete the following contact form below. Both the call and consultation are free.
