In the cosmopolitan city of New York and the adjacent counties, there are innumerable car accidents daily. Contrary to popular belief, having an accident does not mean you have the right to file a lawsuit. The state of New York is a no-fault state and has established a series of legal parameters that must be fulfilled to be able to file a lawsuit for a traffic accident. This is known as legal threshold, where the victim is forced to prove that his or her injuries are severe enough to cross this legal threshold. The objective is to narrow down the cases so the court doesn’t fill up with frivolous suits that only clog courts and cause financial loss to several institutions.
Legal Requirements for the Right to Compensation for a Car Accident
- Death – Due to the traffic accident you suffered, your close relative died instantly or as a result of injuries sustained in the accident. Close relatives are spouse and children, and parents if the deceased was not married.
- Disfigurement – You suffered burns or scars significant enough to cause shame and anxiety. The scar may be directly caused by the impact of the accident or as a result of a necessary operation to repair injuries you suffered in the accident. The location of the scar o burn influences the monetary value. A scar on the face, chest, or visible extremities have more value than an area covered by clothing. However, in this sexist society, a woman with scars or burns in an obscure area or covered by clothing usually receives more money than a man with the same type of scar.
- Amputation – The amputation can be as small as part of a finger or as substantial as an arm or leg.
- Fracture – Any type of fracture directly related to the accident allows you to meet the threshold required by law.
- Loss of Fetus – For pregnant women, the loss of a fetus is a sufficiently severe injury.
- Loss of the use of an organ, member, or body function – It may be that the accident has caused the loss of a kidney or loss of vision in one eye, or hearing loss.
- The injury has resulted in significant, permanent limitation – As a result of the accident, you cannot raise or rotate your right arm. In other words, you suffer loss of normal range of movement.
- The temporary injury or disability keeps you from carrying out most activities an individual does each day – This temporary impediment must be for a period of no less than 90 days within the first 6 months starting from the date the accident occurred.
Our accident lawyers and doctors at Grupo MedLegal will assist you in two ways. We offer the services of our team of physicians who specialize in cases such as yours. We are thoroughly familiar with the type of injuries and effective treatments to help you recover. Furthermore, we know the legal terminology and the reports you have to submit to our attorneys.
On the other hand, our attorneys have legal knowledge that only decades of litigation can offer. We offer a free consultation where we examine your case and read all the pertinent documents and reports. As always, we recommend that you contact us as soon as possible, and we are willing to visit you in the hospital or in your home if necessary. At the same time, we will determine if your spouse or children have the right to be incorporated into this lawsuit.
This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.