More than $100M in Settlements & Verdicts
Albany Office - (518) 785-4900
Saratoga Office - (518) 306-5800

Practice Areas

Car Accident Pain & Suffering Compensation Claims

The attorneys at Anderson, Moschetti and Taffany have represented thousands of victims of car 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 85 years, the Albany – Saratoga Springs area lawyers at Anderson, Moschetti and Taffany 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  Anderson, Moschetti and Taffany 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 Anderson, Moschetti and Taffany are knowledgeable in determining whether the injuries you sustained will meet the “Serious Injury” threshold.

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 Anderson, Moschetti and Taffany 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.


Record-Setting Settlements and Verdicts

  • $15.8 Million Verdict In A Premises Liability Case

    Troy, New York – A Rensselaer County jury awarded 15.8 million to a young woman who was permanently injured at a local college

  • $4.8 Million Verdict In A Defective Product Case

    Albany, New York – A jury awarded almost $5 million to a printing press operator who sustained a serious hand injury in an on-the-job accident.

  • $4.2 Million Settlement From A Medical Negligence Case

    Warren County, New York – Settlement for the failure to timely diagnose spinal fracture.

  • $1.0 Million Verdict In A Bus Accident Case

    Bronx, New York – A jury awarded $1.0 million to a man seriously injured in a bus accident.

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