Suffering a debilitating injury can profoundly impact a person’s life. The physical healing process is difficult enough without financial concerns creating an additional burden. Unfortunately, many accidents result in injuries that cost more than insurance is willing to pay, leaving the victim stuck with a large bill.
In situations where the negligence of someone else caused a severe injury, you may be able to recover compensation through a lawsuit. Since New York City is a state with no-fault insurance rules, personal injury suits resulting from car accidents are restricted to the most serious cases. Our personal injury attorneys can review your circumstances and evaluate whether a lawsuit is an option for you.
If you have been injured in an accident and want to seek compensation, call our lawyers who sue insurance companies. Reach out to the Carrion Law Firm at (718) 841-0083 for a free case review today.
When to Sue an Insurance Company in New York City
In New York City, there are countless ways to get into an accident, and one of the most common is while driving. In November of 2022, there were 7,818 motor vehicle collisions across the city. Since New York has no-fault insurance rules, automobile insurance will cover up to $50,000 in certain personal injury costs. However, extensive injuries can require months of medical care, surgery, and physical therapy to recover. These costs add up quickly and can exceed $50,000.
In such a case, you may be able to use the courts to seek compensation from the party responsible for your accident. New York requires that all drivers carry liability insurance, which covers parties being sued. I.S.C. Law §5401(a) restricts personal injury suits to cases where a “serious” injury occurred. The types of injuries that are considered serious are further discussed below.
Another situation where you may want to sue an insurance company for personal injury is if you are injured at another person’s home or business. Homeowners’ insurance or business insurance may cover the costs of accidents that occur at another person’s home or a business. For example, suppose you walk into a bodega and slip on a wet floor. In that case, that bodega’s insurance may provide coverage for personal injury suits caused by accident in the store when the business owner (or employees) were negligent. Whether another party’s negligence caused your accident is a matter of law, and our personal injury attorneys can evaluate your situation and provide advice.
Serious Injury Compensation in New York City
As mentioned above, the law in New York allows for personal injury suits arising out of the negligence of someone else only when the resulting injury is deemed “serious.” A serious injury is defined in I.S.C. Law §5102(d) in several categories.
Permanent Injuries
The first several categories are reasonably straightforward and include death, dismemberment, bone fractures, and losing a fetus. An accident resulting in a severed arm, a broken leg bone, or a miscarriage would all be considered serious injuries because they fall under these categories. Significant disfigurement is also considered a serious injury but is harder to define. Significant disfigurement is not a medical term, and juries generally decide if an injury falls into this category in a trial.
The remaining categories for serious injury are more complex and more closely defined in case law in New York. These categories include permanent loss of a body part or organ, a significant limitation on using a body part, and non-permanent injuries that substantially impact a person for 90 days out of the 180 days following the accident.
Non-Permanent Injuries
The last category can produce a significant amount of argument when pursuing a personal injury case, and there are a few factors to consider. First, these injuries must be defined by a medical professional, so you will need to see a doctor and have records of diagnosis, treatment, and recovery. If you did not see a doctor, the other party’s insurance could argue that the injury was not serious enough to pass the statutory threshold.
Next, the injury must prevent a person from performing normal daily tasks. If a typical day in your life consists of sitting at a computer and working from home, a broken leg may not impact your daily activities enough to constitute a serious injury. Finally, the injury has to affect you for at least 3 months out of the six months following the accident. Injuries that have an intermittent impact on a person’s life will need to be carefully evaluated to determine if the 3-month threshold was met and if there is enough evidence available. Our personal injury attorneys have experience dealing with various injuries and are happy to look at your circumstances.
Financial Recovery From Accidents in New York City
In cases where a personal injury lawsuit is appropriate and the injury is serious enough, a victim can receive monetary damages. Damages are generally split into economic, non-economic, and – in extremely rare cases – punitive damages.
Economic damages cover direct financial losses resulting from the accident. Hospital bills, fees for rehabilitation costs, lost wages, and property damage is all considered economic damages. Your insurance company will pay for these damages up to the coverage limit on your insurance policy. Still, costs over this amount may be recoverable in a suit or settlement.
Non-economic damages cover intangible losses from the accident, like pain and suffering or emotional distress. Insurance does not cover these damages, and they must be sought through a lawsuit. However, since New York has a serious injury threshold, these types of compensation are only available for very severe injuries defined in the statute. Punitive damages are awarded to punish the negligent party and are extremely rare and reserved for the most egregious accidents. Our personal injury lawyers can discuss your case to determine what kind of compensation may be available, given your circumstances.
Call Our Attorneys for Help with a Lawsuit Against Your Insurance Company in NYC
If you or a loved one has been injured in an accident, the Carrion Law Firm lawyers who sue insurance companies in New York City may be able to help. Give us a call for a free case review at (718) 841-0083.