Suing for pain and suffering after a personal injury in New York is not always straightforward due to the state’s no-fault insurance system. This system allows for medical bills and lost wages to be covered primarily through each individual’s own personal injury protection (PIP) policies, regardless of who was at fault for an accident. PIP does not include compensation for pain and suffering. However, you can still pursue additional compensation for pain and suffering under certain circumstances, and an experienced Queens, NY personal injury attorney can help you assess your case and understand your rights.
Firstly, it’s important to understand the criteria that New York law sets for such claims. There is a threshold you must meet to be eligible to claim for pain and suffering. Your injury must be considered “serious” under New York law.
Serious Injury Threshold
The law defines a “serious injury” in various ways. An accident that results in death, significant physical disfigurement, fractures, and impairments that substantially hinder your daily activities for a specified period would usually all qualify. To qualify for pain and suffering compensation under this category, your injury must be severe enough to meet these legally defined criteria.
Proving the severity of your injury and its impact on your life is critical in assessing potential compensation for pain and suffering, and this process is complex, with no standard formula for quantifying such damages. The amount of compensation you might be eligible for will vary significantly based on the specifics of your case and the skill of your lawyer.
Working With a Queens, NY Personal Injury Attorney
Given the complexity of working through pain and suffering claims in the context of no-fault accident and insurance laws, you always do well to seek advice from a skilled and experienced personal injury lawyer. An attorney can help determine if your case meets the necessary criteria, explain all the steps in the legal process, and assist you in maximizing your potential compensation. Receive a free case evaluation with an injury attorney at Simon & Gilman, LLP now.
It’s also essential to be aware of the time constraints. In general, New York has a three-year statute of limitations for most personal injury lawsuits. However, there are different limits under certain conditions, and sometimes these limits are even shorter than two years.
For instance, if you were injured by a vehicle owned by a municipality, you have only 90 days to inform the municipality in the correct way: missing this deadline means you cannot claim any damages. After that notification, you have only about a year to bring an action. Working with a lawyer ensures you don’t miss out on compensation by missing deadlines or filing paperwork incorrectly.
Proving Your Case
Proving emotional distress requires concrete evidence, so you’ll need comprehensive medical records from a qualified mental health professional diagnosing your condition and linking it to the accident. Treatment records, such as therapy sessions or medication receipts, are also crucial to demonstrate the ongoing impact on your life. Witness testimony from friends, family, or colleagues can sometimes corroborate your emotional state and its effects on your daily life. Your lawyer will help you gather what you need.
If you’ve been injured by another, don’t wait. Contact us at Simon & Gilman, LLP in right away for a free consultation, whether you’re in Queens or anywhere in New York City.
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