As an auto accident attorney in New York, one of the first questions clients ask is whether they have the right to sue for injuries resulting from a vehicle collision. The answer depends largely on the specific facts of each case, especially whether the injuries involved qualify under New York’s serious injury threshold. This article explores how this threshold functions and what it means for your ability to pursue legal action following a car accident.
Legal Limits on Car Accident Lawsuits in New York
New York law places certain limits on the ability to bring personal injury claims after a car accident. Article 51 of New York State law defines the circumstances under which a person can seek compensation through the courts. Section 5104(a) of the statute establishes restrictions on recovering damages unless the injuries meet a defined legal standard.
It states that a person may only pursue non-economic damages, such as pain and suffering, emotional distress, or loss of enjoyment of life, if the injuries reach the legal threshold of being “serious.” Otherwise, a person may only be compensated for tangible losses such as medical bills or lost wages, and that too, only when such losses go beyond a specific monetary limit.
What Counts as a Serious Injury in New York?
When advising clients as a Manhattan car accident attorney, we turn to Section 5102(d) of the statute, which outlines what constitutes a “serious injury.” According to the law, an injury must fall into one or more of the following nine categories to meet the threshold:
- 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 bodily function or system
- A medically determined non-permanent injury or impairment that prevents the injured person from performing substantially all of their usual daily activities for at least 90 days during the 180 days following the accident (the “90/180 category”)
The last category is especially relevant for those whose injuries are not permanent but still disruptive enough to impact their lives for a significant period of time.
Documenting and Proving a Serious Injury
As a car accident lawyer in Brooklyn, we emphasize that meeting the serious injury threshold is not simply about claiming the injury exists. Evidence is essential. This includes comprehensive medical documentation, detailed records of treatment, and professional assessments regarding how the injury has affected your daily life.
For the 90/180 category, keep records of how your activities have changed since the accident. Testimonies from coworkers, family members, and close friends who have observed your condition can further support the case.
Photographs, physical therapy logs, medical scans, and written evaluations by specialists can help clearly demonstrate the impact and severity of your injuries. These elements collectively form the foundation of a strong claim.
Learn more about What To Look For In The Best Car Accident Lawyers.
Why Legal Guidance Matters
The serious injury threshold creates a legal hurdle that must be carefully navigated. Meeting this requirement can allow you to seek additional forms of compensation through the courts. Without legal guidance, individuals often misjudge the strength of their case or fail to present the necessary evidence.
A qualified attorney can help evaluate your injuries, coordinate expert analysis, and determine the most effective legal route forward. Whether it’s gathering key documents or constructing a timeline of your recovery, having professional support ensures your position is clearly presented and legally sound.
Conclusion
New York law limits the right to pursue personal injury claims following a vehicle collision unless the injuries meet the serious injury threshold. This requirement focuses the legal system on the most severe cases, while also setting a clear legal standard for access to broader compensation. If you believe your injuries fall within one or more of the defined categories, consult with an auto accident attorney in New York to assess your situation and explore the legal options available to you. A Manhattan car accident attorney can help determine whether your injuries give you the right to take your claim beyond basic recovery and hold the responsible parties accountable in court.
