When you are injured in a car accident in New York, proving fault is only part of the story. If you want to step outside the no-fault system and claim additional compensation, you need to satisfy New York’s serious injury threshold. Satisfying this threshold is fundamental for a successful personal injury lawsuit in New York. When trying to go beyond the no-fault system, you will face many challenges. As such, you need to present strong and compelling evidence. In this post, as your Queens car accident lawyer, the team at Alex Yadgarov & Associates will help you understand New York’s serious injury threshold and the types of evidence that can help your case.
What is the Serious Injury Threshold in New York?
In New York, the serious injury threshold is the legal standard, which, if satisfied, allows a person injured in an accident to go beyond New York’s no-fault system. As such, the victim can sue the at-fault driver for non-economic losses such as pain and suffering.
An injured driver is entitled to compensation for economic losses like medical expenses and lost wages because New York is a no-fault state. This compensation can be claimed, irrespective of their fault in the accident. As such, a driver is only allowed to step outside the no-fault system under very limited circumstances.
According to New York Insurance Law, an injured person is only allowed to sue when they show that the basic economic loss they suffered exceeds $50,000 or that they have suffered a “serious injury.”
What Types of Injuries May Meet the Serious Injury Threshold?
You can satisfy the serious injury threshold in New York if you can prove that you have suffered a “serious injury” as defined in Section 5102 (d) of New York Insurance Law. According to this provision, a person is said to have suffered a serious injury when the personal injury results in:
- Death;
- Dismemberment;
- Significant disfigurement;
- A fracture;
- The loss of a fetus;
- The permanent loss of the use of a body organ, member, function, or system; or
- The significant limitation to the use of a body function or system.
Initially, if you could show that an injury prevented you from engaging in your daily and customary activities for at least 90 days within the first 180 days following the accident, it was also considered a serious injury. This was known as the ‘90/180-day’ rule. However, following a recent amendment to the law, it is no longer considered under Section 5102(d) as a serious injury.
What Evidence Helps Satisfy the Serious Injury Threshold?
If you want to satisfy the serious injury threshold, you need to present strong and compelling evidence. As such, your case should be based on objective medical evidence. This includes things like X-rays, MRI scans, CT scans, Range of Motion (ROM) tests, surgical reports, and physician assessments. The evidence can be used to prove the extent and severity of the injuries.
You can also supplement the medical evidence with expert testimony and accident reports. They can be used to demonstrate the connection between the accident and injuries. Establishing a clear connection is necessary to refute any claims that the injuries were the result of pre-existing conditions.
What Actions Can Hurt Your Serious Injury Claim?
Keep in mind that you will be closely monitored following an accident. As such, your serious injury claim can be seriously compromised if you engage in any one of these actions.
- Delaying medical treatment—When you delay treatment and there are gaps in the treatment, insurers can argue that the injuries aren’t as serious as you claim them to be or that you failed to mitigate injuries after the accident.
- Posting on social media – The other side will actively monitor your social media accounts to look for contradictions. A seemingly innocent photo of a gathering or a day out can be used to show that you’re exaggerating your pain and suffering.
- Giving early recorded statements – When you give an adjuster a recorded statement, they will try to restrict your compensation to the injuries described. This can prevent you from getting compensation when your condition changes for the worse.
- Accepting the first settlement offer—When you accept a settlement offer, you will sign away your right to pursue further legal action on the matter. The general rule of thumb is that the first settlement offer is far less than the actual value of your claim.
How Do Insurance Companies Challenge Serious Injury Claims?
Insurance companies will actively look to minimize, delay, and even deny payouts. Some of the common tactics used to challenge serious injury claims include:
- Disputing the severity of the injuries
- Disputing the causation of the injuries
- Trying to shift the blame of the accident.
- Requesting recorded statements
- Surveilling your social media and physical activity following the accident.
- Stalling the investigation and pressuring you to accept an early settlement offer.
Conclusion
Successfully overcoming New York’s serious injury threshold requires understanding the law, presenting compelling evidence, and avoiding actions that can hurt your case. If you’ve been injured in a car accident in NYC and are looking to file a lawsuit, Alex Yadgarov & Associates is here to help. As your Brooklyn car accident lawyer, we will help you get the compensation you deserve. Contact us today and schedule your free and confidential consultation.
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