If you are from New York and you have been in an accident, the Serious Injury Threshold is an important part of the process. It determines whether you, the victim, can pursue damages and file a legal claim. This law establishes what is classified as “serious” and the specific criteria that should be met to hold the at-fault driver responsible for the victim’s damages.
As an accident victim, you need to understand this threshold because if your injuries do not meet the criteria, you may not be able to seek any compensation. Given the complexities of New York law, it is not wise to handle legal claims on your own. This is especially true for people with no legal background or knowledge. Consult with an attorney today for car accident help.
Overview of the Serious Injury Threshold in New York
The Serious Injury Threshold in New York is mentioned under the state’s Insurance Law. This section provides information on the injuries that a victim must have sustained in an accident to be able to file a personal injury claim.
These injuries include various categories, such as significant disfigurement, permanent loss of use of a body organ or limb, and injuries that restrict daily activities for at least 90 out of 180 days following the accident.
If you believe that your injury qualifies for the Serious Injury Threshold, you should be able to provide medical evidence. This may include the following:
- Documentation from healthcare professionals.
- Evidence of the nature and extent of the injuries.
- Treatment plans by doctors.
- Expected recovery times.
Courts and insurance companies evaluate this information before determining whether your injury meets the threshold and if you are eligible for personal injury damages.
Common categories of serious injury
There are various categories of serious injury under New York law. It is important to understand what these are in order to determine if you can file a personal injury claim.
Death.
One of the most obvious and straightforward categories is death. If the victim dies in a car accident, it is a serious injury, and there is typically no evidence required.
Dismemberment.
Dismemberment is a serious injury category where the victim loses a body part, such as a leg, a limb, or a finger. If the victim loses any body part, which results in the loss of some function, it meets the criteria.
Significant disfigurement.
Significant disfigurement refers to those kinds of injuries that result in a change in your appearance. These changes should be noticeable and permanent. This can include severe scarring or deformities that affect how an individual is viewed socially and psychologically.
Fractures.
Fractures are pretty serious injuries and are recognized under New York’s serious injury law. A fracture, especially a big one, can impact your daily life activities and restrict mobility. Therefore, it meets the criteria.
Permanent loss of use.
Permanent loss of use occurs when the victim’s body organs suffer from long-term impairment, such as a limb. If you can no longer use one or more of your body parts as you did before the accident, it is considered a serious injury.
Permanent consequential limitation.
A permanent consequential limitation is when you experience functional problems or restrictions in your body functions or systems. This can include ongoing pain or limitations even after receiving medical help.
Significant limitation of use.
If you have suffered from an injury that significantly limits your use of a body part, it is considered a serious injury.
90/180-day rule.
Last but not least, if your injury from the accident prevents you from participating in your daily life activities following the accident for at least 90 out of 180 days, it is considered a serious injury under New York law.
Fight for your rights today!
If you have been injured in New York and are wondering if you have the right to file a claim, do not stress out! Hire an accident attorney to determine your eligibility.
