There is a common misconception out there that being in a car accident and sustaining injuries as a result is all one needs to prevail on a claim or lawsuit for pain and suffering. This is not the case. In 1974 enacted the “New York Comprehensive Automobile Insurance Act” or, in layman’s terms, “no-fault insurance” which aimed, amongst other things, to reduce the number of personal injury lawsuits in the court system, by weeding out cases where the injuries are not “serious”. To that end, the legislature defined a “serious injury” and limited personal injury lawsuits to injuries which fall within that definition. Case books are filled with appellate decisions interpreting the meaning of these seemingly simple words and erecting hurdles plaintiffs must clear to keep their case from being dismissed. Your lawyer’s job is to guide you over those hurdles and obtain a result that fairly compensates you for your pain and suffering.
Serious Injury Threshold in General
NEW YORK’S HIGHEST COURT DEFINES THE BURDEN OF PROOF BETWEEN THE PARTIES REGARDING A LATE NOTICE OF CLAIM FILING (RESOLVING THE SPLIT OF AUTHORITY AMONG THE JUDICIAL DEPARTMENTS).November 3rd, 2017