Suffering an injury as a result of someone else’s negligence is a trying experience. Victims of personal injury accidents in New York may seek compensation from the responsible parties for their medical expenses, lost wages, and other losses. However, in order to pursue a personal injury claim in New York City, the injury must meet specific requirements to be deemed a ‘serious injury.’
Here’s a detailed overview of what constitutes a serious injury in New York personal injury cases.
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What is a ‘Serious Injury’?
A ‘serious injury’ is a term used in New York personal injury lawsuits to describe the type and extent of injury for a victim to be eligible to make a lawsuit claim. A serious injury must affect the quality of life of the victim and create significant pain, suffering, and hardship during their recovery process.
New York state laws have specific guidelines when it comes to what injuries qualify as ‘serious injuries.’ These guidelines categorize various physical and emotional injuries by body part, including the neck, back, knee, shoulder, and head.
A serious injury claim must also meet a specific threshold set by the New York legislature before a victim can pursue a legal claim or lawsuit.
Categories of Serious Injuries
New York state law classifies injuries into five (5) categories of injuries that may be recoverable in a personal injury lawsuit. They include:
Death
If a victim dies due to an accident caused by another person’s negligence, their family members may be eligible to file a wrongful death lawsuit to recover damages.
Dismemberment
New York law considers the loss of a limb, vital organ, or appendage as a specific category of serious injury. This loss may permanently or partially disable the victim.
Loss of a fetus
If an expectant mother suffers an injury due to another person’s negligence, and subsequently loses her pregnancy, she may be able to file a claim under the serious injury threshold.
Permanent Systematic Injury
A permanent systematic injury refers to any trauma, disease, or condition the victim will have for the rest of their lives, and that affects their daily function, such as blindness, deafness, or paralysis.
Permanent Consequential Injury
A permanent consequential injury refers to any trauma, disease, or condition that affects non-vital systems, such as a broken bone that doesn’t heal properly.
New York’s Serious Injury Threshold
New York state laws have specific thresholds a victim must surpass before they can pursue a legal claim or lawsuit. A serious injury must fall under one of the five categories mentioned above and must be permanent and severe enough to cause significant pain, suffering, and hardship to the victim.
The injury also needs to cause significant economic loss to the victim, including lost wages and high medical bills to qualify. It must also satisfy a "New York No-Fault Law" exception law, which means that the personal injury victims must establish that the accident’s fault is on the defendants’ part.
A victim must also file their serious injury claim within three years of the date they sustained their injury, according to the state’s statute of limitations.
How a Personal Injury Attorney Can Help
If you have suffered a serious injury due to someone else’s negligence, seeking the assistance of a personal injury attorney is crucial. An experienced attorney can help determine whether or not your injuries meet New York’s serious injury threshold and can help you pursue compensation for medical expenses, lost wages, and other losses.
A personal injury attorney can also handle the legal aspects of your case while you focus on your recovery and personal well-being.
Conclusion
If you or a loved one suffered severe injuries due to another party’s negligence, it is important to seek the services of an experienced personal injury attorney to help pursue a fair settlement. Understanding the legal definition of a serious injury in New York state is essential to determine whether or not you qualify to file a lawsuit or claim. Don’t wait to seek legal guidance – contact an attorney today.