What Is the Serious Injury Threshold in New York?

New York Insurance Law §5102(d) applies only to motor vehicle accident cases and sets out what injuries qualify under the serious injury threshold in New York:

• Death
• Loss of a fetus
• Fractures (broken bones)
• Significant disfigurement, including dismemberment
• Permanent loss of function of some body part, including an organ
• Significant limitation of bodily function or system
• Medical injury that prevents you from performing substantially all daily activities for 90 out of the next 180 days following an accident

If you have sustained injuries that do not meet the New York Serious Injury Threshold, you may not be able to recover any money for your pain and suffering and other damages. In some instances, the proof of whether you sustained a “serious injury” depends upon the quality of your legal representation. That is why it is imperative that you retain the dedicated and experienced team of lawyers at Dansker & Aspromonte Associates LLP. We have been fighting for motor vehicle accident victims just like you since 1988.

Specific Injuries that May Meet the Serious Injury Threshold

Whether a case meets the serious injury threshold is often based upon the facts and circumstances unique to the victim. While certain types of injuries automatically meet this threshold such as broken bones or death, the vast majority of injuries must be analyzed individually. Depending upon the circumstances, the following types of injuries may meet the serious injury threshold:

• Spinal cord injuries
• Traumatic brain injuries (TBIs)
• Dislocations
• Torn ligaments
• Severe burns
• Severe cuts and bruises
• Harm to internal organs
• Joint damage
• Concussion with post concussion syndrome
• Disfiguring scarring
• Any injury which results in an ongoing disability
• Any injury which prevents you from performing substantially all of your usual activities for 90 out of the next 180 days following the accident

For a free legal consultation, call (646) 692-0204.

The Serious Injury Threshold and Financial Compensation

If your case meets the serious injury threshold, the law permits you to demand fair and just compensation for each and every type of damage you sustained as a result of the fault of another driver. Though every case is unique, the following is a list of the types of damages you may be entitled to:

• Pain and suffering for all physical and emotional injuries
• Future pain and suffering if your injuries are deemed permanent
• Loss of enjoyment of life
• Mental anguish
• Unreimbursed lost earnings
• Future lost earnings
• Reduced earning capacity
• Unreimbursed medical and hospital bills
• Future medical and hospital bills
• Costs to address your injuries including medical equipment, adaptations around the home, medications and other medical services
• Any other out of pocket costs associated with your injuries

If you lost a loved one under negligent circumstances, you might be entitled to damages unique to wrongful death cases. These damages may include:

• Funeral expenses
• Your loved one’s projected future income
• Loss of consortium
• Loss of parental guidance and support
• Loss of spousal support
• Loss of companionship

Our Lawyers Will Handle Your Case from Start to Finish

The sooner you contact our office, the sooner we can begin to investigate the facts and circumstances of your accident and injuries, secure evidence and build a strong case for you. If you have been injured as a result of the fault of another, the most important thing you can do to protect your rights is to consult an experienced team of lawyers immediately. Don’t delay. There are deadlines that limit your right to claim benefits and recovery money. If you fail to file your claims within the deadline, you may be forever prevented from receiving the compensation and benefits you deserve.

In the meantime, follow this advice before you call:

• Call the police to the scene
• Obtain medical attention immediately
• Try to secure the names and contact information of all witnesses
• Take photographs of the scene, vehicle damage and your visible injuries
• Do not give statements about the accident to any representative of the at fault party
• Do not post on social media
• Do not return to work if your injuries prevent you from working
• Follow all medical advice
• Retain all receipts for medical treatment or other out of pocket expenses

Once you retain us to fight for you, we can immediately get to work investigating the accident, securing evidence, and preparing a strong case which establishes your serious injury. We work for you so that you can focus on your recovery. Some of the actions we undertake may include:

• Obtaining all police and incident reports
• Interviewing witnesses
• Searching for video footage of the incident
• Conducting a scene inspection
• Requesting all hospital and medical records
• Securing all employment records
• Consulting with accident reconstruction experts
• Retaining medical experts
• Interviewing your family members or co-workers
• Demanding sworn statements from the at fault party or parties
• Performing an economic analysis of all economic damages
• Filing all claims in a timely manner
• Negotiating with the at fault parties
• Preparing the case for trial before a jury if necessary

Call or text (646) 692-0204 or complete a Free Case Evaluation form.