The physical pain can be overwhelming after a car accident. Medical bills pile up, you might miss work, and the emotional toll is real. If you were hurt in a car accident on Long Island, you may be entitled to compensation beyond your out-of-pocket losses.
Can you pursue compensation for your suffering? The answer depends on a legal concept called the serious injury threshold. Understanding this threshold is essential if you believe you have grounds for a pain and suffering claim.
Key Takeaways
- You may have a strong claim for pain and suffering if the injury passes New York’s serious injury threshold.
- The Raimondo Law Firm in Suffolk County can assess your case for free.
- You can still claim when partially at fault for the accident.
- You must claim within three years of the accident. The best time to talk to an attorney on Long Island is now.
New York is a No-Fault State: Here’s What That Really Means
Every driver in New York is required to have Personal Injury Protection (PIP) insurance, commonly called no-fault coverage. After an accident, your insurer pays for medical expenses and a portion of lost wages, regardless of who caused the crash.
This might sound reassuring, but there’s a trade-off. No-fault coverage doesn’t compensate you for pain and suffering. To recover damages for physical pain, emotional distress, loss of enjoyment of life, or permanent limitations, you would need to file a personal injury lawsuit. To do that, your injuries must meet the serious injury threshold.
The Nine Categories of “Serious Injury”
New York Insurance Law § 5102(d) defines nine specific categories as serious injuries. If your injury falls within any of them, you have the right to pursue a pain and suffering claim.
- Death: Wrongful death of the accident victim.
- Dismemberment: The loss of a limb or body part.
- Significant Disfigurement: Visible, permanent scarring or deformity as a result of the accident.
- Fracture: Any broken bone, even if it eventually heals completely.
- Loss of Fetus: A miscarriage caused by the accident.
- Permanent Loss of Use: The complete loss of a body organ, member, specific function, or system.
- Permanent Consequential Limitation: The permanent and significant restriction of a body organ, member, specific function, or system.
- Significant Limitation of Use: Significant restriction of a body function or system. This does not need to be permanent.
- The 90/180 Rule: You were substantially unable to perform usual daily activities for at least 90 of the first 180 days after the accident.
The last three categories, Permanent Consequential Limitation, Significant Limitation of Use, and the 90/180 Rule, are the most commonly litigated in New York. They are also the most misunderstood. Insurance companies often argue that soft-tissue injuries don’t qualify. Experienced attorneys, like those ready for your free initial consultation at The Raimondo Law Firm, can build a case that proves otherwise.
What Does Pain and Suffering Actually Cover?
Once the threshold is met, you may be entitled to compensation for physical pain (both past and future), emotional distress, loss of enjoyment of life, and the permanent impact your injuries have on your daily routine.
These are non-economic damages that don’t come with receipts, but the impact on everyday life can be massive. At The Raimondo Law Firm, we collect evidence and hire experts in relevant fields to prove serious injury and seek the compensation that you deserve.
The 90/180 Rule is Often Applicable
Many accident victims don’t realize that even without a permanent injury, they may qualify under the 90/180 Rule if the recovery was severe enough to interrupt daily life for at least 90 days in the first six months after the accident.
Being substantially unable to perform usual daily activities doesn’t mean being hospitalized or completely bedridden. It means you couldn’t follow your normal routine as a result of the accident.
You might have lost the ability to drive your children to school, go grocery shopping, cook meals, or return to work with your normal hours. These are potential examples of how the threshold could be satisfied.
Frequently Asked Questions
Can I Still Pursue Pain and Suffering If I Was Partially at Fault?
Yes. New York follows a comparative negligence rule. Even if you were in some part responsible for the accident, you can still recover damages. With a successful claim, your compensation would be reduced in proportion to your degree of fault.
How Long Do I Have to File a Lawsuit on Long Island After an Accident?
Generally, you have three years after the accident to file a personal injury lawsuit. This applies on Long Island and throughout New York.
However, claims against government entities (like an official Nassau or Suffolk County vehicle) have a limited timeframe, sometimes as little as 90 days after the accident. Don’t wait to file a notice of claim.
What if the Other Driver Was Uninsured?
New York law requires your policy to include Supplementary Uninsured/Underinsured Motorists coverage (SUM). If the at-fault driver had no insurance or insufficient coverage, The Raimondo Law Firm can pursue a claim through your own SUM coverage. The serious injury threshold still applies, but you do have options.
You Deserve an Honest Assessment of Your Pain and Suffering Claim on Long Island
At The Raimondo Law Firm, we understand that navigating the serious injury threshold can feel overwhelming when you’re already dealing with pain, disruptions, and your recovery. We offer a straightforward, no-pressure case evaluation for free. We will review your medical records and the details of your accident to provide an honest answer about whether you have a viable claim.
If you do have a case, we work on a contingency fee basis. You pay nothing unless we win. Reach out to The Raimondo Law Firm for immediate 24-hour service. Call us today at (631) 471-1222.