Logo
Menu
  • Home
  • Practice Areas
    • Medical Malpractice LawHelping New York Medical Malpractice, Personal Injury Cases
    • Close
  • New York Injury News
  • Press release
    • Injury News
    • Motor Vehicle Accidents
    • Personal Injury Accidents
    • Construction Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Work Related Fire Fighter Deaths
    • Wrongful Death
    • Close
  • Ask A Lawyer
  • Free Case Evaluation
  • Sitemap

Home » Injury News » New York City » New York Attorney Christopher McGrath Explains What’s Required to Sue for Injuries Resulting from a Car Accident

New York Attorney Christopher McGrath Explains What’s Required to Sue for Injuries Resulting from a Car Accident

When No-Fault Insurance is Not Enough – In this article, New York lawyer Christopher T. McGrath explains that not all victims of motor vehicle accidents necessarily have a legal claim.  New York’s “threshold” requirements for these types of cases mean that only “serious injury” claims may be pursued.  Mr. McGrath describes how the law defines “serious injuries” arising from accidents involving cars.

When you have been injured in an automobile accident, New York’s No-Fault Law mandates that your accident-related medical bills, including lost earnings and incidental costs, up to $50,000.00 are paid.  These are called your economic damages, but who pays the bills when they exceed $50,000.00? Who is going to help you and your family if you are never able to work again because of your injuries?  Additionally, who pays for your non-economic damages?  For example, who is going to compensate you for your disability and pain and suffering experienced since the accident?   

New York’s Insurance Law requires that you suffer a “serious injury” before filing a lawsuit in connection with a motor vehicle accident to recover these additional damages.  If you do not suffer a “serious injury,” regardless of how much pain and suffering you experience, you cannot bring a personal injury lawsuit to recover for your non-economic damages.

So, how do you know whether or not you have suffered a “serious injury”?  Simply put, New York has specifically defined the term, and your injury must fall within its definition.  While this may seem unfair, it is nonetheless true. It is important to understand what constitutes a “serious injury.” 

 In New York, a “serious injury” means a personal injury which results in one of the following:

1.      Death;  

2.      Dismemberment;

3.      Significant disfigurement;

4.      A fracture;

5.      Loss of a fetus;

6.      Permanent loss of use of a body organ, member, function or system;

7.      Permanent consequential limitation of use of a body organ or member;

8.      Significant limitation of use of a body function or system; or

9.      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[1].    

As you can see from the list above, some of the “serious injur[ies]” noted are vague.  For example, what is considered “significant disfigurement”?  Is a scar good enough?  What about a scar that is not readily apparent or hidden beneath clothing?  Are all burns “significant disfigurement”?  To visit another category, above, if you break the cartilage in your nose, is that a “fracture” under the definition of “serious injury”?  Does a fracture include a chipped tooth or chipped teeth?

Because of this language, you can see why this entire area of law is a heavily litigated area.  There are literally thousands of New York legal opinions addressing these issues.  When injured in a car accident, after receiving the medical care you require, you would do well to consult with an attorney experienced in handling these types of claims.  An experienced and skilled attorney can mean the difference between being limited to “No-fault” benefits and having a court recognize that you have sustained a “serious injury” warranting a trial.


[1] If you would like to read more about the No-Fault law and “serious injury,” then visit the New York Insurance Department website at http://www.ins.state.ny.us/ or, to read the Insurance Law directly, visit the New York Insurance Department’s Insurance Law page at http://www.ins.state.ny.us/r68/r68_art51.htm.  

It's only fair to share...Pin on Pinterest
Pinterest
Tweet about this on Twitter
Twitter
Share on LinkedIn
Linkedin
Share on Facebook
Facebook
Email this to someone
email
Print this page
Print
December 29, 2008   cmcgrath
Legal Education, Motor Vehicle Accidents, New York City
×

  • Municipalities Can Be Held Liable When They Act Like Private Companies
  • Medical Malpractice Attorney Robert Sullivan Discusses Shoulder Dystocia, a Routine Complication of Birth that Often Leads to Medical Negligence with Serious Injury

Recent News and Press Coverage

  • Todd Stager, Esteemed SEO for Lawyers Expert, Embarks on a New Journey with His Own SEO Firm March 11, 2024
  • Attorney Dan Powell Examines the Financial Challenges of Not Having a Living Trust: Implications for Business Owners February 16, 2024
  • Adam P. Boyd Leads Innovative Masterclass on Strategies for Law Firm Growth February 14, 2024
  • David Dardashti Donates to Expand Research on Sexual Violence Among Children and Develop Prevention Protocol. January 29, 2024
  • A Queens County Supreme Court jury rendered a verdict for $7 million In Medical Negligence Case December 1, 2023
  • Record-Breaking $700,000 Verdict by Mezrano Law Firm Redefines Justice in Personal Injury Cases November 30, 2023
  • The Law Office of Richard Roman Shum Unveils Comprehensive Guide on New York Divorce Laws October 12, 2023
  • Brooklyn Estate Planning Attorney Yana Feldman Offers Free Services for Israel-bound Volunteers October 12, 2023
  • Google Drops FAQ Rich Snippets so Custom Legal Marketing Released a Video to Help Lawyers Understand Why October 5, 2023
  • Bronx Injury Attorneys Explain How Damages Are Calculated August 22, 2023
  • ZeroRisk Cases, Inc. Utilizes Cutting-Edge Technology to Target High-Quality Plaintiffs in Talcum Powder Litigation August 15, 2023
  • ZeroRisk Cases, Inc. Unveils Advanced Website Platform and Digital Marketing Strategy for Increased Law Firm Growth August 15, 2023
  • The Search Engine Domination Society Achieves a 300% Increase in Client Calls for NYC Personal Injury Lawyer August 11, 2023
  • Federal Tax Credits ERC Updates and Releases New Informational Videos about ERC July 6, 2023
  • Who is Liable for Dooring Accidents? Bronx E-bike Attorney Glenn A. Herman Explains July 4, 2023
  • Weizhen Tang Announces Publication of Law and Justice: My Struggle During His 2026 Mayoral Campaign July 4, 2023
  • Enhancing Data Compliance with AdvisorVault: Heritage Brokerage’s 17a-4 Trusted Partner July 3, 2023
  • Attorney Beau Harlan: The Champion of Justice Unveils Comprehensive Legal Services for Vancouver, WA and Portland, OR June 28, 2023
  • The Legal Process for Motor Vehicle Accidents in New York City June 2, 2023
  • NYC Bicycle Accident Lawyer Explains Winning an Accident Claim March 20, 2023

Archives

  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • August 2023
  • July 2023
  • June 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • October 2022
  • September 2022
  • July 2022
  • June 2022
  • May 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • July 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • December 1999
  • January 1970
New York Injury News
1512 Schorr Place
PMB #35071
Bronx, NY 10469
718-210-1007
Copyright © 2025 New York Injury News
Go to mobile version