Before you can sue for an accident in Bedford Hills, you must confirm that your injuries meet the definition of serious injury.
In New York, serious injuries include those that cause death, dismemberment, significant disfigurement, fractures, loss of a fetus, certain injuries to body organs, members, and functions, and certain non-permanent injuries. Our attorneys can carefully review your medical records and compare them to the serious injury statute to confirm if you have a case. Depending on your specific injuries, we might get medical experts to testify or have you give a statement about the impact your injuries have had on your daily life. Although you have to overcome the serious injury threshold to sue, many victims do, as many accidents are, in fact, very serious.
To get help with your case from our Bedford Hills, NY car accident lawyers, call The Martello Law Firm, PLLC now at (914) 685-6950.
Overcoming the Serious Injury Threshold for Car Accidents in Bedford Hills, NY
New York is a no-fault state, meaning victims can only bring claims for auto accidents if they sustain serious injuries. I.S.C. Law § 5102(d) outlines which injuries permit victims to sue, and our lawyers can review your medical records to confirm your right to recovery in Bedford Hills. Do not assume that your injuries are minor or do not warrant litigation, as the opposite might be true.
Death
Fatal injuries are the first set of injuries that warrant litigation following car crashes. If a victim dies during a car accident, their personal representative can sue for wrongful death. This lawsuit is brought by the personal representative in place of the deceased victim. Damages in wrongful death claims for car accidents vary but are largely limited to economic damages. Bringing survival actions alongside wrongful death claims might result in greater damages for survivors in Bedford Hills. The statute of limitations for wrongful death lawsuits is two years, one year shorter than the filing deadline for normal car accident lawsuits in New York, according to E.P.T. Law § 5-4.1(1).
Dismemberment
Dismemberment is a serious injury involving the loss of a limb. Limb loss is not only a catastrophic physical injury but might also disrupt a victim’s quality of life. After losing a limb, a victim might have to relearn daily tasks and adjust to their new normal, so to speak. This can result in significant emotional damages, on top of physical pain and medical expenses. Dismemberment might change a victim’s earning capacity or prevent them from returning to work altogether, resulting in compensable lost wages.
Such serious injuries like dismemberment are more common in high-speed accidents or similarly catastrophic accidents. For example, an accident on any of the highways surrounding Bedford Hills could be disastrous, as several vehicles might get involved, resulting in crushing injuries to victims.
Significant Disfigurement
Injuries that cause significant disfigurement are more subjective, but generally, significant disfigurement could be any injury that substantially changes a victim’s appearance. For example, broken glass from windshields or windows could cause serious disfigurement to a victim’s face, leading to eye, nose, or other facial injuries. Facial burns from road rash or fires during accidents could also cause serious disfigurement. Disfiguring injuries could require reconstructive surgery or amputations, among other treatments. If you suffered significantly disfiguring injuries in Bedford Hills, you may also experience considerable pain, suffering, and emotional distress. In addition to your economic losses, those emotional damages may be compensable in your claim.
Fractures
Fractures are some of the most common car accident injuries in Bedford Hills and elsewhere. A fracture is a complete or partial bone break. Facial fractures are common in even minor accidents and often happen during airbag deployment. Colliding with doors or other fixed objects within a vehicle could cause fractures during a crash.
Though fractures are some of the least serious injuries that put victims over the serious injury threshold in Bedford Hills, such injuries are not negligible. Fractures must be set and treated, lest they worsen for victims. For example, fractures in the spine, neck, or back could be disastrous. Other common injuries, like rib fractures, might lead to internal injuries if not treated.
Loss of a Fetus
Severe trauma during a crash could cause fetus loss, which permits victims to sue in Bedford Hills, regardless of any other injuries a victim might have sustained. If you lose a fetus during a car accident, you might need to provide medical records from before the crash to prove that you did not have a pre-existing condition or other risk factors for a miscarriage.
Injuries to Body Organs, Members, Functions, or Systems
Victims can file car accident lawsuits for injuries that cause the permanent loss of a body organ, member, function, or system, the permanent consequential limitation of use of a body organ or member, or the significant limitation of use of a body function or system. For example, if you sustained significant nerve damage in the accident, that might enable you to file a lawsuit. Nerve damage is often permanent, forever affecting a victim’s quality of life.
Our car accident lawyers can have medical experts review your medical records to confirm whether your specific injuries enable you to sue based on damage to your body organs, members, functions, or systems.
Non-Permanent Injuries
Car accident victims can sue for certain non-permanent injuries as well. Under New York’s serious injury statute, victims can pursue litigation if a non-permanent injury prevents them from engaging in normal daily tasks for at least 90 of the first 180 days following an accident.
For non-permanent injuries, proving that you meet the serious injury threshold is paramount. To do this, you might need to testify or give a statement about your reduced quality of life since the accident. Non-permanent injuries that might enable victims to sue in Bedford Hills might include head injuries like concussions. This rule, often referred to as the 90/180 rule, is difficult for some victims to overcome. Since the serious injury in this instance might be less clear compared to significant disfigurement or limb loss, victims must be prepared to present compelling medical evidence of their injuries.
Call Our Attorneys in Bedford Hills, NY Today About Your Car Accident
For a free case analysis from our car accident lawyers, call The Martello Law Firm, PLLC at (914) 685-6950.
