Personal Injury Claims

Although most New York State motorists injured in auto accidents are eligible to receive No-Fault benefits, this coverage provides no compensation for physical pain or emotional damages. How can you receive compensation for your physical and emotional pain and suffering?

Motorists involved in accidents who suffer serious injuries may be able to sue for economic as well as non-economic damages such as the pain and suffering (that is attributable to their injuries). Under New York State law, a serious injury can be defined as any of the following:

• Death
• Dismemberment - Loss of limb(s)
• Significant disfigurement/scarring - The injury must be significant enough to cause a reasonable person to view the result as 'unattractive, objectionable or as the subject of pity or scorn'.
• Fracture of a bone or a part of a bone
• Loss of a fetus
• Significant limitation of use of a body function or system
• Permanent consequential limitation of use of a body organ or member - The use of the organ or member causes persistent or chronic pain that has a limiting effect.
• Permanent loss of use of a body organ, member, function or system - The injury must cause the organ, member, function or system to no longer operate, operate in a limited capacity or operate only with pain.
• The '90/180 Day Rule' - Defined as an impairment of a non-permanent nature that prevents the victim from conducting daily activities for at least 90 days during the 180 days immediately following the accident.

Remember, only one of your injuries must meet the above requirements in order to pursue a personal injury claim. As a courtesy to our clients, our legal team will assist you with filing your No-Fault claim while also pursuing your personal injury claim.

If you or a loved one have been injured in a car accident and you are researching legal options, please call us at 1.800.966.4999 or fill out the form to the right of the page for a free case evaluation.