New York Accident Attorneys Giving You the Representation You Need for Serious Injuries

Car accidents are an unavoidable fact of life. The average American will be involved in three to four automobile collisions in their lifetimes. This averages out to one accident every eighteen years. Thankfully, most of these accidents are minor and do not involve life-threatening injuries. Sometimes, though, an accident can be more severe. Some people will sustain life-altering injuries. When this happens, a lawsuit may be necessary in order to collect financial compensation that will allow that person to return as much as possible to leading an average life.

This may be more difficult in New York than other states. This is because of New York’s no-fault insurance laws. These laws are meant to help keep insurance rates affordable for average drivers. However, in the event of a serious accident, these laws can stand in the way of injured people seeking the compensation they deserve. This is why, if you or a loved one have been seriously injured in a car wreck in New York, an experienced accident attorney is invaluable.

What are New York’s No Fault Insurance Laws?

In New York, laws related to car insurance are covered under the Comprehensive Motor Vehicle Insurance Reparations Act. This is an act meant to keep costs low for drivers. The act requires insurance companies to pay out $50,000 in damages in the event of a motor-vehicle related injury regardless of which driver was at fault. This law is meant to prevent frivolous lawsuits or insurance companies attempting to raise premiums. The CMVIRA covers:

• Medical expenses
• Medical Transportation Costs (Ambulances, Life Flight, etc.)
• Medical Equipment (Wheelchairs, Braces, etc.)
• In-Home Healthcare
• Lost Wages

Because of the no-fault law, it is very difficult to file a lawsuit against an insurance company in New York. This is because lawsuits can quickly and easily cause premiums to rise. This is especially true of pain and suffering lawsuits. Pain and suffering cases can take a good deal of the court’s time. This means they also take time for representatives of the insurance company. It is also difficult to prove pain and suffering in court.

Although it is difficult to sue a car insurance company in New York it is not impossible. The state realizes there are some circumstances under which $50,000 is not enough money to compensate someone for their injuries. They also realize that some wrecks can be so severe the person involved will need years or even a lifetime of care. This is why the Serious Injury Threshold is in place. If someone meets or exceeds the criteria of the serious injury threshold, they can seek additional compensation from a car insurance company in New York.

What is New York’s Serious Injury Threshold?

The serious injury threshold is a level of loss and/or injury that exceeds $50,000 and which has permanent impact on the person. The injuries sustained in the accident must have what is considered to be life-altering effects on the person or persons involved. As defined by Insurance Law § 5102(d), to qualify for the serious threshold law, a person must have suffered:

• Dismemberment
• Significant Disfigurement
• Full or Partial Paralysis
• Permanent Loss or use of an Organ
• Death of a Fetus/Unborn Child
• Serious but Non-Permanent Injury that Impairs the Individual for at least 90 Days

These are only a few of the serious injuries which might qualify someone to file an additional lawsuit. One of the purposes of New York laws is to keep lawsuits to a minimum. Because of this, other criteria must also be met in order to successfully file suit. These criteria include:

• Explaining Gaps in Treatment
• Eliminating Pre-Existing Conditions
• Quantifying Deficiencies
• Certifying Medical Records

Explaining gaps in treatment means addressing any period following the accident during which you did not seek medical treatment. Eliminating pre-existing conditions means conclusively proving to the court your injuries were not caused or exacerbated by an existing medical condition. Quantifying deficiencies means demonstrating to the court your injuries are as severe as you claim and that they have significant impact on your life. Certifying medical records means proving all of the medical documentation you have submitted is legitimate and can be verified by another medical doctor.

A claimant must be able to meet all of these criteria in order to successfully file a lawsuit. If someone cannot meet one or more of these criteria, it may not be possible to file a suit. This is why if you or a loved one have been in a serious car accident in New York, it is vital to have an experienced accident attorney on your side.

What Should I Do if I’ve Been in a Serious Car Accident in New York?

States other than New York do not have as stringent requirements for filing a lawsuit after a car accident. Because of this, it is easier to sue car insurance companies in those states. This causes premiums to rise. New York wishes to keep insurance premiums down. This is why it is more difficult to file a lawsuit in New York. This can be frustrating if you or a loved one have suffered injuries requiring compensation beyond $50,000. However, seeking compensation is not impossible.

If you or a loved one have been involved in a serious car wreck in New York, don’t hesitate to contact Rolo Law, located at 265 Route 211 East Suite 106B, Middletown, NY 10940. Our attorneys are well versed in New York insurance and accident law. We know some accidents are too severe to be resolved with only $50,000, and that sometimes a lawsuit is necessary. We also know how difficult a suit like this can be in New York. We know what qualifies as a serious injury, and we know how to prove it in court. Our compassionate and dedicated attorneys can review every fact of your accident case and present them to a judge and jury in a way that demonstrates you meet the criteria.

Accidents are traumatic. The aftermath of one shouldn’t be even more difficult than the accident itself. If you or a loved one have been seriously injured in an accident in New York, don’t hesitate to call Rolo Law right away at 845-668-4774 or email us for a free consultation. We can fight for you so that you don’t have to.