Not all serious injuries show up on X-rays, and a follow-up with a specialist, including testing such as an MRI might indeed show a serious injury.
Section 5102(d) of the New York State Insurance Law gives guidance for what is legally considered a “serious injury.”
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- A permanent loss of use of a body organ, member, function or system
- A permanent consequential limitation of use of a body organ or member
- A significant limitation of use of a body function or system
- 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 90 days during the 180 days immediately following the occurrence of the injury or impairment.”
In order to make a claim for pain and suffering in New York, an injured person must legally prove that they have a serious. Let’s look at each of the categories:
- When somebody is killed in an accident, they will have a “wrongful death” claim, with its own rules and regulations.
- Dismemberment is when a part of the body is lost, such as losing a finger or arm. This is obviously “serious.”
- Significant disfigurement can take many forms, but often it is a scar in a prominent place. This can happen when a laceration does not heal well, and is an injury that might not show up on an x-ray.
- Fractures show up on X-rays and even the smallest fracture will meet the “serious injury” threshold.
- It must be proven that the loss of the fetus was caused by the accident, and did not happen spontaneously or for some other reason.
- This item can apply to a serious “soft-tissue” back injury, neck injury or other injuries that cause a permanent loss of use of a body part – such an nerve damage that causes paralysis, which might not show up on an x-ray.
- When a body part sustains a permanent “limited range of motion,” it is considered a serious injury.
- Very similar to number 7, but referring to different parts of the body
- When a person loses time from work or other activities for 90 days during the first 180 days after an accident, it is considered a “serious injury” even if there is a full recovery.
If you are feeling pain after an accident, you should see a doctor for a follow-up and consult a personal injury attorney, even if all your x-rays at the emergency room are negative.
Do I Need a Pediatric Malpractice Attorney?
Pediatric Malpractice Attorneys specialize is handling cases for children that are victims of medical malpractice. It is a sub-specialty for the types of medical treatment that children receive, and the types of problems that tend to occur. Of course, just like with medical treatment, a generalist malpractice attorney can handle many of these cases, but it is usually better to go with a lawyer that is more knowledgeable about this particular area. A really good malpractice lawyer will know everything about the medical procedures for the case, almost as much as a doctor! Did you know that it could be malpractice for some orthopedists to treat children with broken bones? That's because children have growth plates which an orthopedist that treats adults may not have [...]
When you’ve injured in a car accident – don’t refuse the ambulance!
The other day a client called, telling me that she was very nervous about what to do because she just had a car accident. She said that she had the green light, but the woman that blasted through a red light, lied to the police, and the police report says that the accident is a "question of lights." She said she had a witness, a pedestrian, that had to jump out of the way as that woman sped through a red light. She said she was hurt and so was her mother. I told her she should come in right away. She said she was busy and could not come in until next Tuesday. By the time they came in, the case was already severely [...]
The Importance of Choosing the Right Brain Injury Attorney
When you, or somebody in your family, is injured in a serious accident, the wolves start to circle around looking for their kickback. These predators don’t care about access to state of the art medical facilities or the accommodations to homes and vehicles that can improve the quality of life for you or your loved ones. All they care about is the kickback they’re going to get from the unethical attorneys and therapy mills that they work with. Steer clear of these scoundrels and hire the top brain injury attorney in Queens that will provide excellent service and knows how to obtain the huge settlement or verdict that’s required to fully compensate victims. Traumatic Brain Injuries (TBI) Any type of blow to the head can [...]
Limousines- Luxury Travel or Death Traps?
LIMOUSINES- LUXURY TRAVEL OR DEATH TRAPS? Many kids grow up dreaming that one day they would be rich and famous, traveling to red carpets in a limousine. News of a limousine crash, leaving 20 people dead in its wake, is leaving us wondering how something so horrific could happen in a luxury vehicle. On October 7th, a family hired a limousine to safely take them drinking at an Upstate New York Brewery. What seemed like a smart and sensible decision led to the deaths of 20 people. How could something like this happen? Cheap Limousines Can be “Frankenstein” Monsters Surprisingly, many stretch limos weren’t originally manufactured to be limousines. An SUV, Station-wagon or other vehicle is sometimes literally “cut in half,” with the front and [...]
SPINAL CORD INJURIES
QUEENS SPINAL CORD INJURIES ATTORNEY WITTENSTEIN & WITTENSTEIN Queens Spinal Cord Injuries Attorney knows that the back and spinal cord are complicated and important structures of bones, ligaments, muscles, joints, and nerves. Back injuries can cause pain that is so severe that it’s difficult to move around and to enjoy normal activities. Back injuries can be caused by the following: Car accidents Truck accidents Motorcycle accidents Medical malpractice Accidents in nursing homes Workplace accidents (i.e. heavy lifting, overexertion, repetitive lifting or bending motions) If your back injury was caused by somebody else’s negligence or recklessness, you have a right to sue for compensation. It is important that you consult with an experienced Queens back injury lawyer as soon as possible to find out if your [...]
Everything You Ever Wanted to Know About Bicycle Accidents
Many cities, including New York City, are encouraging residents and visitors to use bikes to get around the city. There are more bike lanes being put in every day, and you can rent a "Citi-bike" just about anywhere. It's not surprising that this has resulted in an increasing number of bike accidents citywide. They only have two wheels, so they are easy to tip over when they are hit by a car. There is no protection other than a helmet for the bicyclist, so injuries from bike accidents tend to be serious. If you are injured in a bicycle accident, an experienced bicycle accident attorney in NYC can explain the law as it applies to your specific situation. If you've been injured in a [...]
Leave A Comment