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.
Traumatic Brain Injuries (TBI) and Low Impact Collisions
Don’t believe the insurance companies when they say that it’s impossible to sustain serious injuries in a low impact collision. The reality is that traumatic brain injuries (TBI) can be sustained any time there is force to the head. Brain trauma occurs in car accidents when the head is either propelled into the steering wheel, windshield or other hard objects in the vehicle. When a car is struck, sometimes the brain itself continues to move, causing it to collide with the hard bones of the skull. That’s whyan experienced Queens Brain Injuries Attorney will always recommend a trip to the emergency room after any head injury. A Slight Headache Can Be a Symptom of TBI If you’ve hit your head in an accident, even the [...]
Justice is Sweet – How a Personal Injury Attorney Can Help You
HOW A NYC PERSONAL INJURY ATTORNEY CAN HELP YOU For many people, Personal Injury Attorneys are their lifesavers. They can help people who have suffered loss, accidents, or injuries an opportunity to rebuild their lives. When hard-working people are injured by the negligence, recklessness, malpractice or deliberate errors of others, personal injury lawyers work with the victims to obtain compensation and that can cover medical expenses, disability, lost wages, defamation, emotional distress, expenses and suffering. Personal injury attorneys also protect clients from being victimized by insurance companies and the legal system. Accidents in the workplace are just one type of loss that personal injury attorneys are able to assist with, but everything from automobile accidents to dog bites and dental malpractice to a nasty fall [...]
What Type Of Lawyer Handles Traumatic Brain Injury (TMI) Cases?
Traumatic Brain Injuries (TMI) can cause severe disabilities that last a lifetime. Access to state of the art treatment, facilities and devices can make the future can be much brighter for brain injury victims and their entire family. That’s why it’s so important to choose an attorney that can collect the largest amount of compensation possible for victims of catastrophic injuries. Personal injury attorneys sue people and companies that cause injuries due to their negligence, recklessness or intentional acts and specialize in areas such as car accidents, slip and falls, medical malpractice, product liability and construction accidents. Traumatic brain injury cases require the highest level of skill and experience, with a commitment to help families obtain the resources they need as quickly as possible. Wittenstein [...]
Children Bullied at School – There IS Something You Can Do About it!
CHILDREN BULLIED AT SCHOOL HAVE RIGHTS When I was a child, bullying at school was rampant, and there wasn't much that could be done about it. When parents complained that their child was being bullied at school, there were told things like "boys will be boys," and that they should teach their child to be more assertive to deal with bullies. We know now that bullying can lead to depression and even suicide, and there are now laws that protect children from this fate. In other words, children bullied at school now have rights. The U.S. Department of Health and human services defines bullying as "unwanted, aggressive behavior among school-aged children," and it must involve "a real or perceived power imbalance." It must be [...]
THE PRISON INDUSTRIAL COMPLEX AND IT’S IMPACT ON CHILDREN
Prison conditions in the United States have the lowest standards compared to other highly developed countries, and the neglect and abuse in the for-profit prisons is worst of all. Most alarming is the situation at Juvenile Detention Centers, where children as young as twelve years old are held. Thankfully, there are inmate abuse and neglect attorneys bringing cases for these children throughout the country. In 2013, The Huffington Post , in the article “Prisoners for Profit”:reported: In 2001, an 18-year-old committed to a Texas boot camp operated by one of Slattery’s previous companies, Correctional Services Corp., came down with pneumonia and pleaded to see a doctor as he struggled to breathe. Guards accused the teen of faking it and forced him to do pushups in his [...]
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 [...]
Leave A Comment