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Car Accident Lawyer New York

Car Accident Lawyer New York

A Car Accident Lawyer in New York must know the special laws that apply in this state. New York has a “serous injury threshold” law that must be met in order for a person involved in a car accident to sue for injuries. Theoretically, in order to be able to bring a lawsuit for injuries you have suffered you must have a “serious injury” as defined under the law. This law is found under section 5102(d) of the New York State Insurance Law.  

What Is the Serious Injury Law 

All Car Accident Lawyers In New York must be familiar with this law. As all laws where the state tries to regulate your ability to collect money, understanding if you fit in to the 7 categories listed as “serious injuries” is not as easy as it appears at first glance. As you can see, he statute lists the categories as follows: 
 
1. Death 
2. Dismemberment 
3. Significant disfigurement 
4. Fracture 
5. Loss of a fetus 
6. Permanent loss of use of a body organ, member, function or system 
7. Permanent consequential limitation of a body organ or member 
8. Significant limitation of use of a body function or system 
9. 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 90 days during the 180 days immediately following the occurrence of the 
injury or impairment. 

Additionally, a Car Accident Lawyer in New York must know how to fit your injuries into these categories. Without this knowledge, your case could actually get dismissed. In other words, your attorney must be very careful to navigate these laws in a way that will help you going forward.

How Can A Car Accident Lawyer In New York Use This Law To Help Me

How can this law can help you? While you can see that some of the categories above are self explanatory (like “death” and “dismemberment”), some have required that the courts get involved.  It is the use of all those qualifying words that can really cause one to take pause: “significant” and “substantial” and “permanent consequential.”

Additionally, the last category listed above can be a very tricky one to meet. 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 90 days during the 180 days immediately following the occurrence of the injury or impairment.  It is a mouthful. But it does NOT mean that you just have to stay home for 90 days out of the first 180 after the accident. Above all, the words “substantially all” are what the courts will look at if none of the other 6 categories apply to your case.  

How To Talk To Your Doctors

Your attorney can explain to you that fitting in these categories requires that you are honest with your doctors. For example, by explaining your limitations, it will help your doctors diagnose you properly. First, they must find certain limitations, like range of motion, in order to pass this threshold. Secondly, they also will need to find objective evidence of what caused the problem. By being honest with your doctors you can lead them to where to look to find this evidence.

Your Car Accident Lawyer In New York will, of course, know that defense lawyers fight hard to play down your injuries and may even make a motion asking the court to dismiss your case before a jury even has a chance to hear about your injuries.  There are cases upon cases that have come down from the courts in New York State that will seek to define your injuries. That is why it is important that you contact a qualified attorney right away after you have been injured.