All states have unique and different laws when it comes to personal injury matters, motor vehicle accidents, and the ensuing insurance claims from these types of incidents. Some states, including New York, have established laws specifically relating to the injuries sustained in these incidents.
New York’s Serious Injury Threshold Law addresses personal injuries and sets out the standards as to what does or does not meet the serious injury threshold. This law is part of what determines whether you have a case after an incident such as a car accident and whether the insurance company has to pay.
What Is the Serious Injury Threshold?
The serious injury threshold in New York basically establishes a guideline that all personal injury lawsuits must meet when it comes to the injuries sustained in the subject incident. If your injuries do not meet the threshold of severity, as defined in this statute, the insurance company will have no obligation to compensate you and your claim may not stand.
There are several different criteria that may qualify your injury as severe. Some of these include a broken bone or fracture, total dismemberment, serious disfigurement, and any injury that significantly impacts your ability to complete your activities of daily living. This is not an exhaustive list. These are just a few examples of what qualifies as severe according to this law.
What Does It Mean for Your Case?
Of course, now you may be wondering what this means for your personal injury case and may be wondering if you even have a case at all. Again, if you sustained injuries in an automobile collision, slip and fall, or other type of accident and wish to seek compensation for those injuries, they must be found to be “severe” as defined in this law. If your injuries do not meet this threshold, the insurance company will not be responsible and will not compensate you.
That being said, this law is not as black and white as you might think it is. There is some room for interpretation and what is severe for one person, may not be for another. This is why, in these types of cases, it is crucial you follow through with all recommended medical treatment, be forthcoming with your doctors, and keep track of all your medical records. Even certain types of soft tissue injuries can meet the serious injury threshold if you have the proper documentation and can prove how the injury affected your daily life.
Where You Can Find Help
Having a personal injury case in a state that has a Serious Injury Threshold Law, such as New York, can be very challenging and overwhelming. Reaching out, seeking guidance from experts, and acquiring as much information as you can are all good ways to get help. Finding an experienced attorney to guide you through this process and to advise you on the serious injury threshold may be very helpful.
They will be able to evaluate your claim and find the best way possible to present your case. In addition, doing some research on your own and staying informed will be a great benefit to you and your case. When it comes to auto accidents and personal injury, seeking help is never a bad idea.
Facing the Serious Injury Threshold in New York or any other state may be incredibly intimidating. It may also leave you wondering if your case will hold up. Understanding what the Serious Injury Threshold is, how it affects your case, and where you can find help are all keys to navigating these types of laws with ease.
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