One second you are driving down a country road, minding your own business. Another car fails to stop at a stop sign. You’re injured. Now you're on the side of the road with a pain in the neck and uncertainty about the future.
Fortunately, some people sustain no injuries in a car crash and can resume normal activities almost immediately. Unfortunately, there are also people whose lives change fundamentally after a car wreck. Recreational activities, like bicycling or jogging, that used to bring immense joy are now physically impossible. Physical requirements of employment are just too much. Whether it's standing for extended periods of time, or certain repetitive motions, continued employment—at least at a particular job—may seem untenable.
As you may be aware, in order to make a claim for pain and suffering after a New York car crash you must generally show a "serious injury." There are exceptions to this rule, but they are few and far between. An experienced New York personal injury attorney can assess the particular facts and determine whether any of these exceptions may apply.
Some insurance companies may contend that someone who returns to work soon after a car wreck does not have a serious injury and is therefore not entitled to compensation for pain and suffering. That is simply not the case.
Some categories of serious injury, such as the fracture category, require no evidence of work loss. And when it comes to the “significant limitation of use” and “permanent consequential limitation of use” categories, the presence or absence of work activities is not determinative. It may be a consideration, but a claim of serious injury under these two categories will not necessarily depend on the person’s physical capability to continue employment.
Returning to work after a car accident does not necessarily mean that your injuries are minor or that you cannot pursue compensation for pain and suffering. Some injured people continue working despite experiencing significant pain, reduced mobility, or physical limitations that affect their ability to perform certain tasks.
For example, someone who returns to work on light duty or with medical restrictions may still experience limitations caused by the accident. These restrictions, along with medical records, diagnostic imaging, and other objective findings, may help demonstrate the nature and extent of the person's injuries.
Under New York Insurance Law § 5102(d), an injury may qualify as serious if it meets one of the applicable statutory categories, including a significant limitation of use of a body function or system or a permanent consequential limitation of use of a body organ or member. Whether an injury satisfies one of these categories depends on the specific medical evidence and circumstances of the case.
Ultimately, the amount of time someone misses from work is not the sole factor in determining whether they sustained a serious injury. Even if you returned to work shortly after the accident, you may still be able to pursue compensation for pain and suffering if your injuries meet the applicable legal requirements.
If an insurance company is telling you that you are not entitled to compensation for pain and suffering because your injuries do not rise to the level of a serious injury, it may be a good idea to consult an experienced New York car accident attorney. A settlement for pain and suffering must generally account for past and future pain and suffering. That means a settlement today must make you "whole" for pain and limitation you may experience tomorrow and into the future.
If you have questions about whether you are entitled to make a claim for pain and suffering after a New York car accident, please do not hesitate to contact the lawyers at William Mattar Accident Lawyers They have extensive experience analyzing medical records and helping injured New York motorists demonstrate to insurance companies and juries that they sustained a “serious injury.”