New York Personal Injury
FANNING & HUGHES : New York Personal Injury Law Firm
The New York personal injury lawyers of Fanning and Hughes can help you receive compensation for your loss from automobile accidents, medical malpractice, negligence, dangerous drugs, and work injuries. An experienced New York personal injury attorney from Fanning and Hughes will aggressively fight for you, to ensure that you are justly compensated for the pain, suffering and loss associated with your injury.
New York Car Accident Cases
In New York, there are two issues that must be proven in any car accident claim. They are usually referred to as (1) "liability" and (2) "damages."
- Liability refers to who was at fault. It must be shown that the other party was negligent in the operation of their motor vehicle. Negligence is generally defined as a "failure to use reasonable care".
- Damages refers to the amount of loss. In New York you must show that the damages you have sustained are great enough to meet the statutory requirements outlined below.
New York Threshold for Damages
The New York legislature has a “No Fault” law to limit the amount of car accident litigation. Under that law, you may only sue another driver for negligence for personal injuries suffered in a car accident when (1) you have sustained "serious injury" or (2) your expenses are in excess of $50,000 in basic economic loss.
Serious Injury
The law defines "serious injury" as an injury that results in any one of the following:
- Death
- Dismemberment
- Significant disfigurement
- A fracture or broken bone
- Loss of a fetus (unborn child)
- 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 medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
At times, it may be difficult to determine whether your injuries may fall within the definition of “serious injury”. Although items one through five are easily defined, items six through nine are not. Consequently, much of the litigation in these cases centers on whether or not the injury is a “serious injury” that meets the "threshold" requirement.
The determination can be very complex. Because some of these terms are vague, the Courts have defined them through the collection of individual court decisions, what is referred to as "case law". Your attorney will review the case law and try to find decisions that support the position that your injury meets the "threshold" requirement.
Much of the analysis will focus on your medical diagnosis. Your attorney may request an affidavit or testimony from a doctor or present your medical records as evidence to show that you have sustained a "serious injury".
$50,000 in "Basic Economic Loss"
How do the courts determine whether you have had $50,000 in “basic economic loss”? The following expenses may be used in making that calculation:
- All necessary expenses incurred for: (i) medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; (ii) psychiatric, physical and occupational therapy and rehabilitation; (iii) any non-medical remedial care and treatment rendered in accordance with a religious method of healing recognized by the laws of this state; and (iv) any other professional health services; all without limitation as to time, provided that within one year after the date of the accident causing the injury it is ascertainable that further expenses may be incurred as a result of the injury.
- Loss of earnings from work which the person would have performed had he not been injured, and reasonable and necessary expenses incurred by such person in obtaining services in lieu of those that he would have performed for income, up to two thousand dollars per month for not more than three years from the date of the accident causing the injury.
- An employee who is entitled to receive monetary payments, pursuant to statute or contract with the employer, or who receives voluntary monetary benefits paid for by the employer, by reason of the employee’s inability to work because of personal injury arising out of the use or operation of a motor vehicle, is not entitled to receive first party benefits for "loss of earnings from work" to the extent that such monetary payments or benefits from the employer do not result in the employee suffering a reduction in income or a reduction in the employee’s level of future benefits arising from a subsequent illness or injury.
- All other reasonable and necessary expenses incurred, up to twenty-five dollars per day for not more than one year from the date of the accident causing the injury.
Summary
In summary, it must first be determined whether you have sustained a "serious injury". If you or your family member has not suffered one of the clearly defined injuries (i.e. death, dismemberment, significant disfigurement, a fracture, or loss of a fetus), you should consult an attorney who will be able to determine whether your injuries may fall within one of the other categories of "serious injury" above.
If you have not sustained a "serious injury' in any of these categories, you may still have a case if you can show expenses or the potential for expenses to exceed $50,000.
Finally, there must be negligence on the part of the other driver.
However, you may not be entitled to pursue any action if the following apply to your case:
You are injured while:
- intoxicated or on drugs
- committing a felony
- avoiding arrest
- driving in a race or speed test
- driving a stolen car
- driving without insurance
- intentionally causing your own injury
FANNING & HUGHES, PLLC
108-18 Queens Blvd -
4th Floor
Forest Hills, NY 11375
718.261.3290 p
718.228.2422 f
contact@FHLawOffice.com
