NY Threshold Law for Serious Injuries in a Motor Vehicle Accident
Chapter 51 of New York State’s Insurance Law - the No-Fault Insurance Law - limits the ability of victims of car crashes to sue for damages beyond the No-Fault benefits. New York State Insurance Law requires a person to have sustained a “serious injury” before that person can seek damages. This limit is known as the threshold law for serious injuries.
The threshold for a serious injury is a contentious area of New York State Law. As far back as the 1982 case of Licari v. Elliot, the NY Court of Appeals made clear their intention to strictly enforce the threshold for serious injury so as to limit the number of law suits. In that decision, the Court wrote “that one of the obvious goals of the Legislature’s scheme of no-fault automobile reparations is to keep minor personal injury cases out of court.”
At the same time, plaintiff attorneys have fought to protect the rights of victims to collect damages for pain and suffering and the full extent of their injuries. The best way to protect your rights? Prepare cases well, do the legal research and fight hard in court and in Albany.
You can read more particulars on the threshold for serious injury further down on this page.
New York’s Threshold for
Serious Injury and You
What does this mean for you if you think you may have a case due to injuries suffered in a motor vehicle accident? You need to seek medical care for your injuries and to ensure that your doctor or doctors record the specifics of your injuries and any limitations they may cause.
If your doctor prescribes follow up treatment – such as physical therapy – it is important that you receive that treatment both to help you fully mend and to document the extent of your injuries. The number, frequency and duration of your treatments will have an impact on your ability to meet the threshold for a serious injury in New York. I have seen clients who needed physical therapy and had a prescription for it, yet they did not receive that care and that lack of treatment made it impossible for them to meet the serious injury threshold standard.
The Need for an Attorney
Well-Versed in New York’s Threshold Law
Because there are many uncertainties concerning New York’s threshold law, you are best off consulting an attorney. A lawyer handling auto accidents or other accidents (pedestrian, bicycle, bus, etc.) that involve the threshold requirement needs to stay on top of all court decisions and research the particular application of the threshold law to your case.
This web page is meant for information purposes only and dos not represent legal advice. If you need legal advice, you should consult an attorney.
Details
of New York’s Threshold for Serious Injury
Section [§5102(d)] of the New York State Insurance Law defines seven standards for a serious injury. Therefore, a person must satisfy at least one of these seven definitions before he or she can pursue a lawsuit:
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Personal injury which results in death;
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Dismemberment; significant disfigurement;
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Fracture;
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Loss of a fetus;
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Permanent loss of use of a body organ, member, function or system;
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Permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or
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A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
You will notice that the law defines items one through four clearly and makes those items relatively easy to determine. However, items five, six and seven leave room for debate and argument. In many cases, the ability of a person to meet the serious injury standard depends on meeting one of the requirements listed in items five through seven.
Since the law does not make these definitions clear, the Courts have defined them through rulings by judges, which is known as “case law.” Proving that you have suffered a serious injury in the eyes of the court requires your attorney to review your medical files and consult with your doctors. Given that diagnosis and analysis, your attorney will then research the case law to find cases that show that your injury does or does not meet the legal threshold for a serious injury.
The court will look at several key issues in assessing an injury:
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Do the damages meet one of the seven standards listed in the State Insurance Law?
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Were there pre-existing injuries and how do they affect this injury?
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What is the nature of the injuries and their impact on the plaintiff?
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Were there gaps in treatment and why?
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Are the limitations quantified and documented?
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Are the medical records certified?
The case law is constantly changing. This situation certainly clouds the threshold for a serious injury in New York creating doubts for all parties, especially plaintiffs. An attorney handling auto accidents or other accidents that involve the threshold requirement needs to stay on top of all court decisions and research the particular application of the case.
Carol L. Schlitt - New York Personal Injury Lawyer
If you or a loved has been injured in through the neglect or actions of another person or organization, you may be entitled to compensation for your damages. You should contact an experienced New York personal injury attorney. If you think you have a case or if you have questions, you can call me and I will be glad to discuss your rights, answer your questions and help you with a potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you.
I hope you have found this information
helpful.
Carol L. Schlitt
New York Personal Injury Attorney
1-800-660-1466
Carol@SchlittLaw.com.