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New York’s serious injury threshold

On Behalf of | Feb 28, 2022 | Personal Injury

It is possible to recover damages in a lawsuit for injuries received in a motor vehicle accident. However, proving you have a valid legal claim can be difficult.

Be prepared to prove you suffered a “serious injury” if you wish to bring a personal injury lawsuit against another person. But how might you approach that?

Loss greater than $50,000

The serious injury threshold defines the laws regarding severe personal injury claims. State guidelines determine the severity of an injury according to situations that include:

  • A fracture
  • The loss of an unborn child
  • Disfigurement or dismemberment
  • A significant limitation of a body organ or part
  • Death

It also covers cases where your injuries will prevent you from participating in your regular daily activities for 90 or more days following an accident.

Supporting qualifications

You may need to explain any gaps in your treatment if you receive questions about your injuries. Pre-existing conditions could factor into a court’s judgment, as the parties involved consider how your accident potentially irritated a previous injury. However, a pre-existing injury will generally not disqualify someone from bringing a claim.

Your doctor’s records should contain a quantifiable explanation of your medical restrictions or limitations, as well.

How can I make my case?

Meeting the serious injury threshold requirements can allow you to seek financial compensation from the party responsible for your injuries. As such, a personal injury lawsuit can be a positive step toward meeting your needs as you move forward with your life.

You might not understand the full complexity of your injuries immediately following an accident. State law allows you up to three years to take legal action after an incident, though it’s not a good idea to delay filing your claim. Evidence supporting your case could disappear, and witnesses’ recollections of the matter may diminish.