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.
When Do You Need an Experienced NYC Truck Accident Lawyer?
If you’ve been injured in a truck accident, make sure you hire an experienced NYC Truck Accident Attorney. Truck Accidents are complicated as they involve Workers Compensation and Commercial Insurance Policies that a general practice attorney or general personal injury attorney may not have enough experience with truck accidents. Right after a Truck Accident, you should: Get out of the truck if you possibly can, as trucks can catch fire or explode after an accident. Call 911 and make sure you are taken from the scene to a hospital to be checked out. While you are waiting for the police and ambulance, take photos and video of all involved vehicles and persons. Contact a NYC Truck Accident for immediate advice specific to your situation. [...]
Psychological Injuries Lawsuits
Some psychological injuries are so severe that they can be as disabling as serious physical injuries. When a careless or reckless act caused intense trauma, special arrangements must be made when pursuing a lawsuit. This concept originated with “collaborative divorce,” where a psychologist becomes part of the team so that settlement discussions can stay on track. With lawsuits that involved extremely traumatic events, this formula can also be applied, and a lawsuit for psychological injuries can be brought. Of course, any accident is traumatic. Fearing for your life when you are hit by a car or slipping on water and breaking your leg are “traumatic events,”, but these accidents do not shatter the core of your being and cause you to think less of yourself. [...]
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 [...]
Can I Sue for My Back Injuries?
IT'S OFTEN POSSIBLE TO SUE FOR BACK INJURIES If you are wondering "Can I sue for my back injuries,?" the answer, like so many answers in law, is "it depends." When a back injury is caused by the negligent, reckless or intentional acts of another person, it is often possible to make a successful case. If the accident happened at work, you generally cannot sue your employer, but there are exceptions. Let's look at different scenarios where it possible, and not possible, to make a case. HOW SERIOUS IS THE INJURY? It's not possible to bring a lawsuit where the only evidence is subjective complaints of back pain. If you went to the hospital after the accident and complained about back pain, that's a good [...]
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 [...]
Leave A Comment