New York’s Serious Injury Threshold Explained

Jed Dietrich, Esq., Recognized as a Best Lawyer and American Institute of Personal Injury Attorneys 10 Best Attorney, is Committed to Protecting the Rights of Car Crash, Motorcycle Accident, and Pedestrian Injury Victims and Their Loved Ones. If You Were Seriously Injured, Our Experienced Team of Attorneys Could Help You Negotiate a Settlement or Secure a Court-Ordered Award.

No-fault insurance is not always enough to build back after an accident.

If you have sustained serious injuries in a crash that somebody else caused, you could be entitled to significant compensation through a personal injury lawsuit. A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has spent more than 20 years helping New York families assert their rights to a fair recovery. Our experienced team of lawyers knows what it takes to build a compelling, evidence-based case for compensation, and we have the results to prove it. Send us a message online or call us today at 716-839-3939 to speak to a lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

New York is a no-fault state.

If you own a no-fault policy, you are entitled to certain benefits even if you caused or contributed to an accident. Your insurance company must typically provide benefits including, but not limited to, the following:

1. The payment of reasonable and necessary medical expenses;
2. Reimbursement of lost income from work; and
3. The repayment of certain miscellaneous expenses, like the price of an Uber to physical therapy or the cost of parking in a paid hospital lot.

Some no-fault states, like Michigan, let policyholders purchase coverage that provides near-unlimited medical benefits. These medical benefits continue indefinitely, and your insurance company only stops paying when you have made a full recovery and no longer require care.

New York is not quite so generous.

New York’s insurance system was designed to keep drivers out of court.

The legislators behind the no-fault system, however, recognized that insurance is not always enough to make accident victims whole. Even if your insurer is obliged to pay certain benefits, like the cost of reasonable and necessary medical expenses, these benefits come with hard limits.

For example:

1. Your insurance company has to cover reasonable and necessary medical expenses, but only up to your policy limits. Once you hit your limit, the insurance company will stop paying; and
2. Your no-fault policy lets you claim reimbursement for lost income, but only up to $2,000 per month and for no longer than three years.

If you have been seriously injured, there is a good chance you will need more money for recovery than your insurance company is willing to pay. In these types of situations, you may be entitled to work around the no-fault rule and file a personal injury lawsuit against the person or party who caused your accident.

You can only move outside the no-fault system and sue over a car accident if you have sustained a serious injury or injuries.

In New York, the term “serious injury” has a clear-cut legal definition. Under New York Insurance Law § 5101, a serious injury is any personal injury that results in:

1. Death;
2. Dismemberment;
3. Significant disfigurement;
4. A fracture or otherwise broken bone;
5. The loss of a fetus;
6. The permanent loss of use of a body organ, member, function, or system;
7. The permanent consequential limitation of use of a body organ or member; and
8. The significant limitation of use of a body function or system.

You may also be entitled to sue if you have sustained another serious injury that prevents you from performing all of your “customary and usual” daily activities for at least 90 days out of the 180 day period immediately following the accident.

If your injuries meet the serious injury threshold, you could be entitled to file a personal injury lawsuit against the person or party who caused your accident.

In a personal injury lawsuit, the term “damages” refers to compensation for different categories of loss, hardship, and suffering. Your damages are unique to your case, but they could include relief for your:

1. Hospital bills;
2. The costs of future or anticipated care;
3. Physical rehabilitation;
4. Paid co-pays and deductibles, including for medication;
5. The value of exhausted vacation time or sick leave;
6. Lost income from work;
7. Emotional pain and suffering;
8. Physical pain and suffering;
9. Disfigurement; and
10. Wrongful death.

New York does not limit compensation in most car accident claims, and filing a personal injury lawsuit provides an opportunity to obtain a much wider range of damages than if you would simply settle for no-fault benefits. However, filing a claim is often much easier than winning one. Even if you have all the makings of an ironclad case, you cannot afford to cut corners.

The Dietrich Law Firm P.C. has spent decades filing, fighting, and winning car accident lawsuits.

If you or a loved one has been injured in a car crash that was not your fault, our experienced team of attorneys could help you build a better, stronger case by:

1. Investigating the causes of your accident;
2. Reviewing, preserving, and analyzing physical evidence from the crash site;
3. Securing eyewitness names, phone numbers, and testimonies;
4. Subpoenaing surveillance camera footage from nearby businesses or traffic-control systems;
5. Assessing your damages, accounting not only for the money you need now but the funds you will need moving forward; and
6. Representing your best interests, whether in settlement negotiations or at trial.

Since our founding in 2005, we have helped our clients across New York secure more than $300 million in damages. We could help you, too, but you have to act fast. Call Jed Dietrich, Esq., today at 716-839-3939 to speak to a car accident lawyer and find out how much your case could be worth.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!