No matter where you live, there are certain laws that affect and govern certain parts of your life. If you are hurt in an automobile accident or maybe a slip and fall in a store, there are laws and guidelines that must be followed in order for you to open a claim, file lawsuits, and obtain compensation.
Knowing the types of laws in your area that may affect your injury claim will allow you to more smoothly navigate the world of personal injury.
Serious Injury Threshold
In New York, there is a law within the state insurance statutes qualifying what a serious injury is when it comes to motor vehicle personal injury claims. In order to proceed with such a claim, your injury must meet the standard of being serious according to this law and/or you must have suffered at least $50,000 in basic economic losses.
Some examples of injuries that meet the Serious Injury Threshold include, but are not limited to, the following:
- Bone fractures and breaks
- Injuries that cause major disfigurement
- Injuries that cause loss of life
- Permanent loss of organs or major bodily functions
- And, much more
If your claim does not meet this standard and threshold, it may not hold up in court.
Other Parts of the Serious Injury Threshold
Outside of the main stipulations of the Serious Injury Threshold, there are other issues that this particular part of the law addresses. For instance, any irregularities or inconsistencies in medical records must be explained. If there are any gaps in your treatment or if your treatment goes beyond the recommended period of time for that particular type of injury, these things must be explained by a medical professional.
Further, if you have ever had any injuries prior to your incident, be prepared to explain where they came from and how they may or may not affect you now. These are all critical components of your injury claim. Also, to help make certain your claim meets the Serious Injury Threshold, ask that your medical records be certified the very first time you request them. This is necessary and may save you time down the road.
Time Limits
Another New York law to be aware of that may affect your personal injury case is the Statute of Limitations. The Statute of Limitations dictates the amount of time you have to bring a claim after an incident occurs. These types of laws exist in all states with each differing in the amount of time given to bring or file a lawsuit.
In New York, you have three years from the date of your incident to file a lawsuit and preserve your claim. This deadline is very strict. Once you have passed this deadline, it is almost impossible to revive your claim. It will be “dead in the water” so to speak and you will lose your ability to seek compensation from the person or person’s who caused your injuries.
One of the best ways to ensure you do not miss the Statute of Limitations in your case is to retain an attorney in your area such as a NYC personal injury lawyer. Handing your case off to a professional will take much of the stress, burden, and juggling of deadlines off of your plate.
In the grand scheme of things, understanding which New York laws affect your personal injury claim will be to your benefit. Knowing if your injuries meet the Serious Injury Threshold, understanding the effects of treatment history and pre-existing injuries, and being aware of the Statute of Limitations for your case will all help to ensure your claim plays out in the most positive way possible.
Laila Azzahra is a professional writer and blogger that loves to write about technology, business, entertainment, science, and health.