The NY Car Accident Threshold Requirement

In the television show Law and Order, the crux of the story always revolved

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around a criminal investigation and subsequent prosecution.  Under the penal law, the general premise is to punish a guilty party.  One of those punishments can include incarceration.

By contrast, in the civil personal injury cases, the general premise is to compensate an aggrieved party with money to attempt to make them whole.  Some shows have crossed over into civil cases.  The movie A Civil Action is the most prominent example that illustrates this distinction.

As this relates to our Bronx car accident practice, a plaintiff can be compensated among other things for physical injuries, pain and suffering, punitive damages, medical expenses, and lost wages.

In every car accident, a New York car accident lawyer must closely examine the threshold rule and the nature of soft tissue injuries incurred.

The Threshold Rule -- Serious Injury

In New York, a car accident victim must suffer a “serious injury” as defined by law.  Over the last few years, the definition of a serious injury has been blurred.  While it is clear that things such as a broken bone, lacerations, broken teeth, and scarring are serious, a simple injury to a neck and back may not be deemed serious and can be subject to procedural dismissal mechanisms.   Note, this threshold requirement is for cases governed under no-fault.  Cases that do not fall within the no-fault insurance spectrum are not subject to the threshold rule.

Soft Tissue Neck and Back Pain

A common injury alleged with a car accident is neck and back pains to the lumbar and cervical spine.  Many cases involving these injuries without a serious disability cannot withstand a motion of summary judgment.  In the colloquial sense the question posed is whether or not the victim of the car accident has suffered an impairment that substantially limits their ability to perform their substantial and customary daily activities for ninety out of one hundred and eighty days following the accident.

If you have been involved in a car accident.  Give our lawyers a call at 800-893-9645 to schedule your confidential consultation.