| Here's another question from a client that may | | | | vague. In many cases, the ability of a person to |
| interest readers. "While stopped at a red light, | | | | meet the serious injury standard depends on meeting |
| another car struck my car from the rear and injured | | | | one of the requirements listed in items five through |
| me; I automatically win my lawsuit, right?" | | | | seven. Many car accidents result in soft tissue injuries |
| When it comes to car accident cases n New York, | | | | – bulging discs, muscle spasms, ligament damage |
| there are no "automatic" victories. In all New York car | | | | – and these injuries require meeting one of |
| accident cases, we consider three aspects: | | | | criteria five through seven. |
| - The liability of the other driver | | | | The court will look at several key issues in assessing |
| - The ability to meet the threshold requirements of | | | | an injury: |
| New York State's Insurance Law | | | | 1. Do the damages meet one of the seven standards |
| - The damages suffered by the plaintiff | | | | listed in the State Insurance Law? |
| Here is a brief explanation of each aspect. | | | | 2. Were there pre-existing injuries and how do they |
| Proving Liability | | | | affect this injury? |
| New York State law assumes that a driver who hits | | | | 3. What are the injuries? |
| a car from the rear bears responsibility for the | | | | 4. Were there gaps in treatment and why? |
| accident. However, there can be exceptions if the | | | | 5. Are the limitations quantified and documented? |
| defendant driver (the one who struck the first car | | | | 6. Are the medical records certified? |
| from the rear) proves that the plaintiff driver (the | | | | The case law is constantly changing. This situation |
| driver who was hit) had caused or contributed to the | | | | certainly clouds the threshold for a serious injury in |
| accident. For example, if a driver changes lanes on | | | | New York creating doubts for all parties, especially |
| the Long Island Expressway without signaling and | | | | plaintiffs. An attorney handling auto accidents in New |
| cuts off another driver and that leads to an accident, | | | | York or other accidents that involve the threshold |
| then the lane-changing driver may be liable for | | | | requirement needs to stay on top of all court |
| causing the accident. In general, a driver who strikes | | | | decisions and research the particular application of the |
| another car from the rear is liable. If a driver strikes a | | | | case. |
| vehicle in the rear that is stopped at a red light, the | | | | You can read more about New York's No Fault Auto |
| driver is 100 percent responsible for causing the | | | | Law here and you can read more about the Serious |
| accident. | | | | Threshold Injury here. |
| Meeting New York's Threshold Requirement | | | | The Damages Suffered by the Plaintiff |
| New York's No Fault Insurance Law (Chapter 51 of | | | | Assuming one can prove the liability of the other |
| New York State's Insurance Law) limits the ability of | | | | driver and can meet New York's serious injury |
| victims of car accidnts to sue for damages beyond | | | | threshold, then a plaintiff must prove the damages |
| the No-Fault benefits. New York's Insurance Law | | | | caused by the accident and quantify them. Damages |
| requires a person to have sustained a "serious injury" | | | | can include many factors including compensation for: |
| before that person can seek damages. This limit is | | | | - Injuries |
| known as the threshold law for serious injuries. | | | | - Recovery efforts and time |
| A person filing a car accident lawsuit in New York | | | | - Loss of past and future wages |
| needs to prove that he or she suffered a serious | | | | - Loss of ability to carry out activities that can range |
| injury. What is a serious injury? New York law | | | | from cleaning the house to working on a computer |
| establishes seven definitions and requires a plaintiff to | | | | to playing softball |
| meet one of the seven criteria for a serious injury: | | | | - Unreimbursed medical expenses both past and |
| 1. Personal injury which results in death; | | | | future |
| 2. Dismemberment; significant disfigurement; | | | | - Unreimbursed property damage |
| 3. Fracture; | | | | - Other losses or damages suffered because of the |
| 4. Loss of a fetus; | | | | car accident |
| 5. Permanent loss of use of a body organ, member, | | | | A New York attorney experienced with car accidents |
| function or system; | | | | can help a client identify and quantify damages and |
| 6. Permanent consequential limitation of use of a | | | | will prove those damages in court. Proving damages is |
| body organ or member; significant limitation of use of | | | | vitally important because it is possible to prove liability |
| a body function or system; or | | | | and meet the threshold requirement yet walk away |
| 7. A medically determined injury or impairment of a | | | | with no funds if a plaintiff cannot prove liability. |
| non-permanent nature which prevents the injured | | | | A simple question about winning a lawsuit from a car |
| person from performing substantially all of the | | | | accident results in a long answer. To prove victorious |
| material acts which constitute such person's usual and | | | | in a New York car accident case means proving |
| customary daily activities for not less than ninety | | | | liability, meeting the threshold requirement and |
| days during the one hundred eighty days immediately | | | | proving damages. |
| following the occurrence of the injury or impairment. | | | | This material is intended for informational uses only. It |
| The law makes clear the definitions for items one | | | | is not meant as legal advice. To receive legal advice, |
| through four. Items five, six and seven are more | | | | you should consult an attorney. |