By Arthur 
Even if you are injured and suffer damages in a car accident in New York, you might not be able to file a personal injury lawsuit against the party responsible. This is because one of the prerequisites to filing a personal injury lawsuit in New York is you passing the state’s “serious injury threshold.” But what exactly is a “serious injury”? In this post, the team at Gabriel Law will extend our expertise as a personal injury law firm in NYC to answer that very question and also share some insights on what needs to be done to prove your case.
How does the serious injury threshold work in New York?
According to New York law, the serious injury threshold is a standard that you must meet or surpass in order to be eligible to file a personal injury lawsuit and seek compensation for your injuries. The rule performs the function of a gatekeeper and helps prevent the courts from being overwhelmed by a floodgate of litigation.
For example, if you are looking to claim compensation for your New York car accident injuries, you cannot file a personal injury lawsuit straightaway. You must first try to seek compensation via insurance providers. You are only allowed to file a lawsuit if you can show that you have suffered basic economic damages that exceed $50,000 or meet/surpass the state’s serious injury threshold.
What is considered a “serious injury”?
What constitutes a “serious injury” in New York is defined in Article 51 of the New York State Insurance Law. According to Section 5102 (d), a person is deemed to have suffered a serious injury if the accident resulted in any of the nine injuries mentioned below. They include:
- Death
- Dismemberment
- Significant disfigurement (e.g., serious burns and scars)
- Fracture
- The loss of a fetus
- The permanent loss of a limb, organ, bodily function, or system.
- The permanent limitation in a limb or organ
- The significant limitation of a bodily function or system (e.g., paralysis, traumatic brain injury)
- A non-permanent injury that denies you the ability to live normally and perform regular activities for at least 90 of the first 180 days immediately after the accident.
How do you prove that you have suffered a serious injury?
As the plaintiff, you will have the burden of proving that you have suffered a serious injury in terms of the law. When proving a serious injury, the evidence you present must speak for itself, and there is nothing better than submitting medical evidence to show that your injuries are in fact serious. Make sure to gather evidence such as doctor’s notes, hospital records, X-rays, MRI scans, and even medication prescriptions. If the need arises, you can even call on a doctor as an expert witness to testify to the extent of your injuries.
What happens when you successfully prove serious injury?
When you successfully meet or surpass the serious injury threshold, you are allowed to file a personal injury lawsuit, and through this lawsuit, you will be able to recover both economic and non-economic damages.
Economic damages represent your losses that have a set financial value. These include medical expenses, rehabilitation expenses, and lost income. On the other hand, non-economic losses represent the losses that do not have a set financial value, and as such, are determined on a case-by-case basis. Non-economic losses include pain and suffering, emotional distress, and the loss of enjoyment of life.
What happens when you do not meet the serious injury threshold?
In the event you are unable to meet the serious injury threshold, you will not be able to file a lawsuit and claim compensation for non-economic damages. Since you are unable to file a lawsuit, you must be content with claiming compensation for your economic losses under your insurance coverage, which are subject to limits. For example, no-fault PIP coverage can cover your economic losses, but can only do so up to a limit of $50,000. Furthermore, it will not cover any non-economic losses.
Conclusion
Understanding what qualifies as a serious injury in New York, you were involved in an accident and are now looking to claim compensation. This will allow you to determine your options, set expectations, gather the necessary evidence, and achieve the best outcome possible. However, none of this would be possible without the help of a personal injury lawyer in NYC. We at Gabriel Law have been handling a wide range of personal injury claims for many years, ranging from slip and falls to car accidents and beyond. So whether you need a slip and fall attorney or car accident lawyer in NYC, you know who to call. Schedule your free consultation with us, and let’s get started on the path to recovery.
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