The State of New York’s Serious Injury Threshold
Since the legal system is not universal,laws vary from state to state and jurisdiction to jurisdiction. If you are injured in an accident in the state of New York that was due to another party’s negligence,your right to pursue damages only applies if the state deems your injuries as serious enough; this is referred to as New York’s serious injury threshold. If the injuries you sustained do not meet the criteria underlined by the state’s serious injury threshold,you will not be eligible to receive damages from the at-fault party or their insurance company when you file a claim with help from a car accident lawyer .
New York’s Serious Injury Threshold Defined
Negligence is the legal term for apportioning or assigning blame. Different states have varying laws and rules regarding determining negligence in an accident. In the state of New York,even if someone has sustained an injury due to the negligence of another,unless the injuries are considered severe enough,they cannot pursue damages.
Some of the injuries and conditions mandated by New York’s serious injury threshold as serious enough to pursue damages include death,dismemberment,substantial disfigurement,serious fractures,a miscarriage related to the accident,a loss of any bodily system,function,or organ,a serious limitation of a bodily system,function,or organ,and a medical condition or impairment that causes the injured party to be unable to continue daily activities of their life prior to the accident,such as work and sport.
If you or someone you know has sustained an injury due to the negligence of another in the state of New York,in order to pursue damages,the mandates of the state’s serious injury threshold will have to be met. Not all states employ these laws,so it is wise to enlist the help of an experienced auto accident compensation familiar with the relevant state laws.