If you’ve been injured in a car accident, you may be wondering if you can recover compensation through a personal injury claim. An experienced motor vehicle accident attorney can evaluate your unique situation and help determine whether you might be successful in filing such a claim.
For now, though, let’s explore a few reasons why some personal injury claims are denied.
For the most part, a personal injury claim for pain and suffering arising from a motor vehicle accident in New York will not succeed unless the injured person can show a “serious injury.”
Under New York law, a “serious injury” is defined to mean: death; significant disfigurement; dismemberment; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function, or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a non-permanent injury preventing you from performing your daily activities for not less than 90 days within the 180 days immediately following the accident.
Only one of these “serious injury” categories must be shown. Some categories, like “death” or “a fracture,” are relatively straightforward. Other categories, however, are a bit more ambiguous. If you think you may have suffered a serious injury or want to see whether your injuries rise to the level of a serious injury, reach out to an experienced motor vehicle accident attorney. At William Mattar, P.C., our attorneys are trained to navigate personal injury law and help you determine whether your injury makes you eligible to receive compensation for pain and suffering.
That said, aside from certain exceptions that an experienced personal injury attorney can explain, unless a New York motor vehicle accident victim can show a “serious injury,” their personal injury claim for pain and suffering will likely be denied.
In general, a personal injury claim will succeed only if the party filing the claim can prove that the other motorist was responsible for causing the accident. Thus, a successful claim will establish that the other party, through their own negligence caused the accident and is thus liable for resulting injuries
One way to improve the likelihood of prevailing in a personal injury claim is to hire an experienced motor vehicle accident attorney who can gather and review evidence to help prove the other motorist’s liability. Some common types of evidence that an attorney can help locate includes, but is not limited to:
Without proving the other motorist’s liability – that is, without proving the accident was at least partially their fault – a personal injury claim will be unsuccessful.
If you were injured in a motor vehicle accident caused by another motorist, an experienced motor vehicle accident attorney from William Mattar, P.C. can help you assemble evidence that can be used to support your personal injury claim.
Dealing with a personal injury claim can be complicated, but the attorneys at William Mattar, P.C. handle them day in and day out. Contact an experienced car accident attorney today to determine whether it is in your best interest to file a claim. Call (844) 444-4444.