| Some thoughts on injuries in car accidents. Insurance | | | | dismemberment (loss of) a body part; |
| companies try to sell the idea that if there is not a | | | | 3. Significant disfigurement (a scar; there's no hard |
| lot of damage to your car, you can't be seriously | | | | and fast formula for scar size - depends on the |
| hurt. This has been disproved by numerous studies, | | | | visibility of the scar; usually scars above scalp line |
| but let me tell you about a demonstration that some | | | | don't clear the threshold); |
| attorneys have used at trial to demonstrate injury to | | | | 4. A fracture (broken bone); |
| the jury. A low speed car accident can push your | | | | 5. Loss of a fetus (traumatic abortion); |
| body and brain back and forth, even without a lot of | | | | 6. Permanent loss of use of a body organ, member, |
| property damage. | | | | function or system (the first of the "tricky" |
| A good lawyer trick: A trial attorney may hold up and | | | | categories); |
| drop a carton of eggs to the ground. The eggs | | | | 7. Permanent consequential limitation of use of a |
| break, yet the carton remains visibly undamaged. Like | | | | body organ or member (pain alone won't do; |
| the eggs, the human body can be hurt, yet a car, like | | | | headaches alone won't do; a herniated/bulging disc |
| the egg carton, can show very little outside damage. | | | | alone won't do; sprains/strains won't do); |
| Insurance companies seem to have the attitude that | | | | 8. Significant limitation of use of a body function or |
| everyone exaggerates or fakes pain. In thousands of | | | | system; or, |
| negotiations with insurance companies, I've heard | | | | 9. A medically determined injury or impairment of a |
| them "poo-poo" clients' complaints of pain. Pain alone | | | | non-permanent nature which prevents the injured |
| won't carry the day, either for settlement, or in | | | | person from performing substantially all of the |
| court. | | | | material acts which constitute such person's usual and |
| Learn why by reading on. | | | | customary daily activities for not less than ninety |
| What do we mean by "No-Fault"? | | | | days during the one hundred eighty days immediately |
| Put simply, No-Fault refers to having your | | | | following the occurrence of the injury or impairment |
| accident-related medical bills paid, up to $50,000, | | | | (known as the 90 out of 180 days rule). |
| regardless of whose fault the accident is. | | | | The first five are the easy categories, they are fairly |
| Two different things happen after a car accident. | | | | straightforward. |
| First: No-Fault insurance pays your medical bills and | | | | The two less tricky categories: |
| lost wages, except in certain instances involving | | | | Number "6": If you can no longer use a part of your |
| buses, motorcycles and heavy trucks. No-Fault also | | | | body, you can qualify. |
| protects pedestrians and bicycle riders. Second: This | | | | Number "9": Usual and customary daily activities |
| should not be confused with issues of liability in an | | | | generally means that you miss three months of work |
| accident, which are very much about who is at fault, | | | | in the first six months after the accident, but there |
| and the focus of the second thing that may happen: | | | | are two wrinkles. First: Your failure to work has to be |
| a lawsuit. Let's learn about No-Fault insurance and | | | | medically determined. In other words, your doctor |
| what it means for your he satisfies the requirements | | | | must say that you can't work. Second: You need to |
| of the No-Fault law. The No-Fault law precludes | | | | show that you couldn't do any of your other |
| recovery for pain and suffering, between "covered | | | | customary daily activities. This may be housework, |
| persons," unless the accident victim proves a "serious | | | | driving the children to school, or other things. |
| injury." This is one of the most litigated sections of | | | | The two trickier categories: |
| New York law, with many, many reported case | | | | Numbers "7" and "8" have no fixed definition or |
| decisions. And at this point, we are not even talking | | | | explanation. Some cases make it; some don't. Your |
| about liability (fault for the accident), which is a | | | | lawyer needs a thorough understanding of the |
| completely separate issue. We are only talking about | | | | current case law to know how the courts are |
| the degree of injury. | | | | applying these two threshold categories. Frequently, it |
| The nine No-Fault serious injuries in New York State's | | | | comes down to documenting a reduced range of |
| Insurance Law are: | | | | motion in the injured part of your body - for example |
| 1. Death (brought about by the accident); | | | | the doctor determines that you can't fully bend or |
| 2. Dismemberment - mangling, mutilation or | | | | twist or turnyour back or neck. |