Understanding New York Personal Injury Laws
The New York state No-Fault law allows motorists and passengers involved in vehicular accidents to recover no-fault benefits for economic damages such as medical bills or lost wages. But no-fault laws do not allow a motorist or passenger to recover benefits for noneconomic damages such as physical pain and suffering.
In addition to filing a no-fault claim, however, New York state motorists and passengers who suffer serious injuries as a result of a car or motor vehicle accident may be able to sue for economic as well as noneconomic damages such as pain and suffering.
Under New York state law, a serious injury can be any of the following injuries:
- Dismemberment – Loss of limb(s)
- Significant disfigurement/scarring – The injury must be significant enough to cause a reasonable person to view the result as “unattractive, objectionable or as the subject of pity or scorn.”
- Fracture of a bone
- Loss of a fetus
- Significant limitation of use of a body function or system
- Permanent consequential limitation of use of a body organ or member – The use of the organ or member causes persistent or chronic pain that has a permanent limiting effect.
- Permanent loss of use of a body organ, member, function or system – The injury must cause the organ, member, function or system to no longer operate, operate in a limited capacity or operate only with pain.
- The “90 out of 180-Day Rule” – Meaning an injury of a nonpermanent nature that prevents the victim from conducting daily activities for at least 90 days during the 180 days following the accident.
Only one of your injuries must meet one of the above requirements to pursue a personal injury claim for an automobile or motor vehicle accident.
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At Lozner & Mastropietro, in Brooklyn, our attorneys are dedicated to helping victims of automobile and motor vehicle accidents recover full compensation for their losses. If you or a loved one has been injured as a result of an automobile or motor vehicle accident, or you simply need more information, please call us at 718-615-0044 or use our online contact form to schedule a meeting.