In Suffolk County New York, car accidents are one of the leading causes of personal injury lawsuits. Compensation for pain and suffering caused by Suffolk County New York car accidents are governed by Article 51 of the Insurance Law. To win a car accident lawsuit, you must prove that you have sustained a “serious injury” as it is defined in Insurance Law 5102 (d). This usually applies if you were injured while in a car, or were a pedestrian or bicyclist hit by a car. It may NOT apply to those injured in motorcycle accident cases.
Many injuries obviously qualify, such as fractured bones. Other injuries, such as whiplash, are more difficult to qualify. While there are many serious injury lawsuit categories, the three major ones are:
1. Significant Limitation; and
2. Permanent Consequential Limitation – Your doctor must describe your injuries and how they limit the performance of your daily activities. Do not forget to discuss to discuss how your injuries affect your quality of life with your physician. He or she may be required to explain how the car accident led to your injury and your physical limitations.
3. “90/180” – Your injuries may qualify as serious if your physician’s orders necessitate your missing 90 days of work in the 180 days immediately after the car accident.
Again there are other ways to qualify, but the three mentioned above are the most common for this car accident serious injury category.
Personal injury attorneys can help you get compensation for injuries sustained because of Suffolk County New York car accidents. They can make sure you get the necessary treatment required for your recovery, and document that your injuries are serious for your car accident claim.
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