Injured in a Car Accident – CAN I SUE?

This question is not as simple as it may sound. Under most circumstances, if you suffer an injury and another person shares some or all of the blame, then a lawsuit against that individual seems clearly your right. It does not necessarily work that way in motor vehicle accidents in New York State.

New York State has made a tradeoff. Regardless of whether or not and individual is responsible for a motor vehicle accident that occurred, that individual will be entitled to payments for his/her medical costs and lost wages, and some other expenses as well. For passengers in vehicles, these expenses will be paid by the insurance company of the vehicle in which you find yourself. Since “fault” is not an issue, these payments are known as “NO FAULT” coverage.

However, in return for this guaranteed payment for medical expenses and lost wages, the traveling public had its right to sue curtailed ! A person may only sue if the injury he/she sustained is a “SERIOUS INJURY”.

What is a “SERIOUS INJURY”? That is an injury that is defined by the statute. It can be specific: any fracture (broken bone) meets the requirement–or as lawyers say, it meets the “threshold” permitting a person to sue. More troubling, the acceptable injury may be much more vague (see below). What is clear is that injuries that are passing in nature, and do not involve significant permanent damage, will probably not meet the “threshold”.

Here’s the problem. If a person sues regardless of the seriousness of his/her injury, and the party being sued asks the court to throw out the case because the injury is not serious enough, the court has the right to “dismiss” the case if the judge decides the “threshold” is not met.. And this can happen a year or two after the case has begun, at which point a significant amount of time, effort and expense has been invested in that case, which then is all lost !

Bringing a lawsuit always requires an attorney well versed in the field of law involved. This is certainly true in a case involving such a potentially confusing area as MOTOR VEHICLE ACCIDENTS.

“Serious injury” means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

Posted by New York City Injury Lawyer Steve Orlow

This entry was posted on June 19, 2009 at 2:12 am and is filed under Car Accidents with tags “No-Fault” coverage, New York Personal Injury Law, Personal Injury. You can follow any responses to this entry through the RSS 2.0 feed You can leave a response, or trackback from your own site.

New York City Bus Accident Injures 59

New York City Fire Department officials are saying that 59 people suffered injuries in a three-vehicle pileup on New York City's Brooklyn Queen's Expressway. According to a news report in the New York Post, a casino bus, another bus and a tractor-trailer collided. Six people were taken to the hospital, but their injuries were not life-threatening. Other injured victims were treated at the scene of the auto accident in New York. Officials are still looking into the cause of this multi-vehicle crash.

Bus accidents in New York have the potential to cause major injuries and deaths. It is fortunate that this bus accident did not result in such devastation. Bus companies – private or public – owe their passengers the "utmost duty of care." What this means is that they owe their passengers the duty to take them to their destination safely. If the bus accident is the bus driver's fault or if it was caused because of the driver's negligence, the bus company can be held liable for injuries caused to passengers. That is also true for other motorists or pedestrians injured by buses.

If you or a loved one has been injured in a New York bus accident, truck accident, or car accident, you would be well-advised to consult experienced New York auto accident attorneys who will vigorously fight for your rights and make sure you receive fair compensation for your damages. Remember that it is best not to talk to insurance companies, attorneys for bus companies or sign any settlements until you have retained a knowledgeable New York personal injury attorney who can counsel you on the best course of action. Please call Wingate, Russotti & Shapiro today to find out more information about how to pursue your legal rights.