In New York, personal injury claims follow specific guidelines that affect how cases are handled, especially when it comes to car accidents. One of the most important factors in these claims is the “serious injury” threshold. Understanding this threshold is important for anyone involved in a personal injury case in New York.
What is the serious injury threshold?
Under New York’s insurance laws, a person injured in a car accident typically cannot sue for non-economic damages like pain and suffering unless they meet the state’s “serious injury” threshold. The law defines a serious injury as one that results in significant physical impairment, such as broken bones, disfigurement, or permanent limitations in the use of a body part.
What qualifies as a “serious injury” under New York law?
New York law lists specific injuries that qualify as “serious,” including:
- Fractured bones or other significant bone injuries
- Permanent loss of use of a body part or function
- Significant disfigurement or scarring
- Injuries that prevent the person from performing daily activities for 90 days or more within 180 days of the accident
These injuries are considered serious because they have long-lasting impacts on a person’s quality of life.
Why is the serious injury threshold important?
The serious injury threshold is important because it helps limit the number of lawsuits filed for minor injuries, keeping the legal process more efficient. It also ensures that people who suffer truly severe injuries are the ones who can claim non-economic damages. Without this threshold, courts would be flooded with claims for less impactful injuries, slowing down the system and making it harder for those with serious injuries to get compensation.
If you meet the threshold, you can pursue additional damages for pain and suffering, which can significantly increase the amount of compensation you may receive in an automobile accident case.
