Personal Injury Articles >> Car Accident Pain & Suffering Compensation
NY Car Accident Pain & Suffering Compensation Claims
The attorneys at Anderson, Moschetti and Taffany (AMT Law) have represented thousands of victims of Upstate NY auto accidents. It is important for the auto accident victim to be advised as to whether a claim can be brought: not everyone is entitled to compensation, even when the other driver is at fault. With combined experience of over 75 years, the Capital District auto accident lawyers at AMT Law use their skills in evaluating injuries sustained by our clients to determine whether they are entitled to be compensated for pain and suffering, wage and benefit loss, and other damages.
The attorneys at AMT Law are fully familiar with what is commonly known as the "Serious Injury Threshold", first established in 1974 by the New York Legislature. At that time, the No-Fault laws were enacted with a two-fold purpose:
(1) to create a system of medical and wage loss benefits available to all New Yorkers involved in motor vehicle accidents, without regard to who was at fault, and
(2) to reduce the number of lawsuits involving injuries of a "non serious" nature.
What this means to an individual injured as a result of a motor vehicle accident is that at least one of the following types of injuries must be suffered in order to recover for "pain and suffering" (your medical bills and some or all of your lost wages will be paid, regardless of whether you are able to bring a claim, under "No-Fault", provided an application is filed in a timely manner):
- Fracture of a bone
- A medically determined injury which renders you unable to perform your usual daily activities for at least 90 days within the first 180 days following the accident
- Significant disfigurement – essentially, a disfiguring scar
- Significant limitation of use of a body function or system - an objectively diagnosed injury or condition that limits use, range of motion, etc., which has consequence to your daily life for a substantial length of time (need not be permanent)
- Permanent consequential limitation of use of a body member or organ – an objectively diagnosed injury or condition that is permanent and has consequence or significance to the individuals' lifestyle or daily activities
- Permanent loss of use of a body organ, member, function or system - must be complete loss
- Dismemberment
- Loss of a limb
- Loss of a fetus
- Death
Since the law went into effect over three decades ago, thousands of cases have made their way through trials and the appellate courts, where judges have interpreted what the legislators meant is some of the above categories – some of which are subject to different interpretation. The attorneys at AMT Law are knowledgeable in determining whether the injuries you sustained will meet the "Serious Injury" threshold.
Free Consultation
There is one important exception to the applicability of the law. It does not apply to drivers or passengers of motorcycles involved in a motorcycle accident. There is no requirement that they sustain a "Serious Injury" to pursue a claim for pain and suffering.
The attorneys at AMT Law are available for free consultation to help the accident victim determine if he or she has a claim for pain and suffering compensation. Call 518-785-4900 for more information, or contact us online for a Free Consultation. And, we will be glad to advise you of your rights to obtain No-Fault benefits without charge, and to be sure that you apply for the benefits in the short time allowed by the insurance regulations.
