Top Rated Syracuse “Serious Injury” Lawyers Fighting for People Injured in Car, SUV and Truck Accidents in New York
Car accidents can result in various types of injuries, and in the state of New York, not all injuries may qualify as “serious” under New York’s no-fault law. To pursue a personal injury claim and seek compensation, it is necessary to meet the criteria of a “serious physical injury” caused directly by the accident, as determined by a doctor. When considering serious injuries as a result of a motor vehicle accident in New York State, let’s look at how they are defined in New York law, and how an experienced Syracuse personal injury and car accident lawyer can help you navigate the complexities of your case.
Symptoms of Serious Injuries
Following a car accident, it is not uncommon for the symptoms of serious injuries to manifest days after the incident due to the shock experienced during the collision. It is crucial to recognize these symptoms to ensure proper treatment and potentially qualify for compensation. Some common symptoms of serious injuries include:
- Headaches
- Dizziness
- Neck and shoulder pain
- Back pain
- Tingling or burning sensations in the neck and shoulder region
- Memory loss
- Difficulty concentrating
- Anxiety or depression
- Fatigue
- Numbness or weakness in certain areas
Ignoring these symptoms can lead to long-term health problems, and obtaining a diagnosis from a medical professional is not only essential for your well-being but also for building a strong accident claim.
Types of Serious Injuries
Under New York law, a serious injury is defined as an injury that results in one of the following:
- Death
- Significant disfigurement
- Dismemberment
- 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
- Non-permanent injury preventing the performance of daily activities for at least 90 days within 180 days after the accident
While some serious injuries are straightforward to determine, others require the expert opinion of a doctor. Diagnostic tests and proper documentation of your treatment progress can significantly contribute to establishing whether your injury qualifies as a serious injury under the law.
Understanding New York’s No-Fault Law
New York State operates under a No-Fault system for motor vehicle accidents. This means that, regardless of fault, the No-Fault insurance company responsible for the vehicle involved in the accident is responsible for covering medical bills and a portion of lost wages. However, to obtain compensation beyond these basic benefits, you must meet one of two conditions:
- Sustaining a “Serious Injury” as defined in Article 51 of the New York State Insurance Law.
- Incurring economic loss exceeding the basic economic loss threshold of $50,000.
The “Serious Injury” Threshold
Determining whether an injury qualifies as a “serious physical injury” can be complex. The New York State Insurance Law outlines several categories of injuries that satisfy the “Serious Injury” requirement, including:
- Death
- Dismemberment
- Significant disfigurement
- 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
- Medically determined injury or impairment preventing substantial performance of daily activities for at least 90 days within 180 days following the injury or impairment
It is worth noting that the “Serious Injury” threshold does not typically apply to motorcycle accidents, as motorcycles are excluded from the No-Fault Law.
Exceptions to the “Serious Injury” Threshold in New York
Motorcycle accident injuries are not subject to the same “Serious Injury” threshold as other motor vehicle accidents. If you were involved in a motorcycle accident, even minor injuries can be the basis for a lawsuit seeking compensation for medical bills, lost wages, pain and suffering, emotional distress, and punitive damages. Consulting with a skilled attorney can help you understand the specific exceptions and options available to you.
Proving a “Serious Injury” in Your Lawsuit
Proving that you have sustained a “Serious Injury” in a car accident requires appropriate medical treatment and expert opinions from relevant specialists. For instance, if you suffer a herniated disc in a rear-end collision, consulting with an orthopedist and neurologist is crucial. They can document the extent of your injuries, provide the necessary treatment, such as MRIs and physical therapy, and offer expert opinions that align with the definitions of a “Serious Injury” under the law.
Working with an experienced car accident lawyer who has access to a network of treating physicians and expert witnesses is also essential. They can ensure that your injuries are properly documented, treated, and supported by the necessary medical proof to maximize your chances of obtaining fair compensation.
The Role of Your Personal Injury Lawyer
Insurance companies often attempt to dispute the severity of injuries, which can impact your ability to receive fair compensation. In such cases, it is crucial to have the support of a knowledgeable accident injury lawyer with deep experience in New York accident injury law who can fight for your rights. At the McMahon, Kublick law firm in Syracuse, our experienced serious injury attorneys work diligently to understand the nature of your claim and advocate for the compensation you deserve.
With years of experience helping car accident victims in Syracuse and Upstate New York, our team is equipped to handle your case effectively. By consulting with our dedicated injury attorneys, you can receive the guidance and support needed to build the strongest possible case and obtain the settlement and compensation you deserve.
Contact McMahon Kublick, PC in Syracuse, New York today to schedule a free consultation and discuss your case with our dedicated team of attorneys.
