Motorists and pedestrians injured in New York motor vehicle accidents may request compensation for injury-related expenses, including pain and suffering. Generally speaking, In New York an injured motorist can make a claim for pain and suffering only if they sustained a “serious injury.” That is, barring some exceptions, they must meet New York’s serious injury threshold.
Do injuries have to be permanent to meet the serious injury threshold?
Under Which Category Does the Injury Fall?
To meet New York's serious injury threshold, an injury must satisfy the criteria of at least one of the categories specifically identified under New York Insurance Law § 5102(d). Two categories often invoked in bodily injury claims involving soft tissue injuries, including tendons, ligaments, and intervertebral discs, are:
- Permanent consequential limitation of use of a body organ or member; and
- Significant limitation of use of a body function or system.
New York courts have held that an injury does not necessarily need to be permanent to qualify under the significant limitation of use category. Instead, the injured person must generally demonstrate that the limitation is significant and supported by appropriate medical evidence. Courts have also considered whether the limitations caused by the injury persisted for a meaningful period of time.
The permanent consequential limitation of use category, however, requires evidence that the injury has resulted in a permanent limitation of a body organ or member. Medical records, diagnostic imaging, range-of-motion testing, and a healthcare provider's findings may help establish the nature, severity, and duration of the limitation.
Therefore, someone whose injuries have improved or resolved may still be able to pursue compensation for pain and suffering if the medical evidence establishes that the injuries satisfied an applicable serious-injury category. Whether an injury meets the threshold depends on the specific circumstances and supporting evidence.
An experienced motor vehicle accident attorney can help gather and assess evidence to determine whether an injured New York motorist meets the serious injury threshold, even when the injury is not permanent.
Call William Mattar About Your Car Accident Injury
Whether or not your injury is permanent, the car accident attorneys at William Mattar Accident Lawyers are happy to help you get the maximum available compensation for your bodily injury claim. Contact us online or call (844) 444 - 4444 today.