After a car accident in New York, when many victims hear about the serious injury threshold, they assume that meeting the requirement automatically translates to a settlement. While satisfying the threshold is an essential part of pursuing compensation beyond the no-fault system, it does not automatically guarantee a payout. In fact, securing a favorable settlement has a lot to do with the strength of your evidence and how effectively your case is presented. In this post, Gabriel Law will wear the hat of a car accident lawyer in NYC and explain what it takes to effectively present your case and secure a fair settlement.
What is the Serious Injury Threshold?
In New York, the serious injury threshold is a legal standard that allows motor vehicle accident victims to step beyond the no-fault compensation to claim additional compensation for the pain and suffering following the car accident.
A person is considered to have met this threshold when they suffer a “serious injury” as defined in Section 5102 (d) of New York Insurance Law. These injuries include:
- Death
- Dismemberment
- Significant disfigurement;
- A fracture;
- The loss of a fetus;
- The permanent loss of the use of a body organ or member;
- The significant limitation of the use of a body function or system; or
- An injury that is covered by the 90-180-Day rule
Does meeting the threshold guarantee a settlement?
Meeting the threshold does not automatically guarantee a settlement.
In New York, when you are injured in a motor vehicle accident, the no-fault system compels you to claim compensation through your Personal Injury Protection (PIP) coverage. Under your PIP insurance, you can claim compensation for medical bills, lost income, and other related expenses. However, the insurance only accounts for economic damages and has a limit of $50,000.
That being the case, if you want to claim additional compensation for pain and suffering and other non-economic damages, you must show that your basic economic damage exceeded $50,000 or that you’ve suffered a serious injury. Satisfying the requirement gets you through the door, but there is still work to be done. You still have the burden of presenting a compelling case and showing that you deserve the compensation.
What are the challenges you will face even after meeting the threshold?
Meeting the threshold is an important step, but there’s more to be done before you reach the finish line. There are several legal and practical challenges that you still need to face and overcome. They include:
- Proving liability – Even if your injury qualifies, you still need to prove that the other party was negligent and caused the accident. If you’re partially at fault for the accident, the pure comparative negligence rule can be used to reduce your compensation.
- Dispute over compensation value – Insurance companies will often downplay the severity of the injuries, argue that the treatments were excessive, and offer lowball settlements.
- Causation – There will be doubt whether the injury was caused by the accident or whether it was the result of a pre-existing condition not connected to the accident.
- Gathering evidence – You need to support your case with extensive and consistent documentary evidence. Gaps in medical treatment and weak documentation will hurt your case.
- Delays and lengthy legal proceedings—Serious injury claims often come with long negotiations, multiple medical evaluations, and multiple court visits. The case can take months, possibly years, to resolve.
How can you strengthen your case to win a settlement?
Here’s what you need to do to prove you meet the serious injury threshold and win a fair settlement:
- Seek immediate and consistent medical treatment—Not only is it important for your health, but it is also needed to prove the extent of injuries and to stop insurance companies from arguing that your injuries are not serious or not connected to the accident.
- Document everything—Keep detailed records of everything connected to the accident. Records such as medical bills, medical reports, prescriptions, accident reports, pay stubs, and photographs are all part of building an irrefutable case.
- Do not apologize or admit fault—even a simple gesture can be used against you to deny or reduce your compensation.
- Do not post about the accident on social media—insurance companies will go through your social media with a fine-tooth comb. Don’t post anything that can be misinterpreted and can be used against you.
- Work with an experienced accident lawyer in New York—work with a lawyer to evaluate the true value of your case, gather evidence, and present a compelling case.
Conclusion
Meeting the serious injury threshold in an NYC car accident opens doors in terms of compensation, but it’s not a guarantee that you will receive a settlement. To actually secure a payout, you need to work with an experienced New York City auto accident attorney to prove fault and build a strong and compelling case. If you’re looking for a lawyer to help you out, then Gabriel Law is here to help. As a personal injury law firm in NYC, we deal with car accidents on a daily basis. We can help you evaluate your case, protect your rights, and get you the compensation you deserve.