Car accidents in New York lead to a wide range of injuries, from minor bruises to life-changing conditions. The process for pursuing compensation depends on the severity of the injury, the insurance policies involved, and state-specific laws. Knowing how claims differ between minor and serious injuries can help you better anticipate what to expect during the claims process.
What Defines a Minor Injury in a New York Car Accident Claim?
A “minor injury” typically refers to harm that heals relatively quickly and does not significantly affect a person’s daily life or long-term health. Examples include mild sprains, cuts, and soft-tissue injuries. These claims often stay within New York’s “no-fault” insurance system, so an individual’s own insurance would cover medical costs and lost wages up to policy limits.
What Qualifies as a Serious Injury Under New York Law?
New York uses a legal definition of “serious injury” under Section 5102(d) of the Insurance Law. It includes injuries like broken bones, significant disfigurement, permanent loss of use of a body part, or conditions resulting in at least 90 days of substantial disability within six months after the accident. These cases allow individuals to step outside the no-fault system and pursue claims against the at-fault driver.
How Does the No-Fault System Affect Minor Injury Claims?
Under New York’s “no-fault” rules, individuals typically turn to their own insurance policies after minor collisions. Medical expenses, lost earnings, and certain household costs are generally covered, regardless of who caused the accident. However, compensation for pain and suffering is not available in these claims unless the injury qualifies as serious under state law.
Can a Minor Injury Claim Turn Into a Serious Injury Claim?
Yes, a claim that begins as minor can escalate if symptoms worsen or complications develop over time. For instance, whiplash initially diagnosed as mild may later reveal significant spinal damage requiring surgery. In such cases, the claim may shift from no-fault coverage to a liability claim against the responsible driver.
What Compensation Is Available for Serious Injury Claims?
When an injury meets the threshold for seriousness, an individual may seek compensation beyond no-fault benefits. This can include damages for pain and suffering, long-term medical care, rehabilitation, and future lost income. These claims often involve higher settlement values due to the lasting effects of the injuries involved.
How Does Fault Impact Serious Injury Car Accident Claims?
Unlike minor claims handled under no-fault insurance, serious injury claims require establishing fault. New York follows a “comparative negligence system,” meaning compensation may be reduced if the injured party shares responsibility for the accident. Evidence like police reports, witness statements, and medical documentation plays a role in determining liability.
Why Do Serious Injury Claims Often Take Longer to Resolve?
Cases involving significant injuries often require extensive medical evaluations, ongoing treatment, and negotiations over future costs. Insurers may challenge the severity of the injury or dispute liability, leading to longer settlement timelines. In some situations, a lawsuit may be required to obtain adequate compensation.
When Should Someone Consider Speaking With a Lawyer?
For minor injuries, handling a claim independently may be sufficient if expenses are covered by no-fault benefits. However, serious injuries involving substantial medical costs, disputes over fault, or permanent impairment often require legal assistance. A lawyer can evaluate the situation and determine whether additional compensation may be available.
Brooklyn Car Accident Lawyers at Rubenstein & Rynecki Can Clarify Your Legal Options if You Have Suffered Injuries in a Car Crash
If you need help with a car accident injury claim, contact our skilled Brooklyn car accident lawyers at Rubenstein & Rynecki. To schedule a free consultation, call us today at 718-522-1020 or complete our online form. Located in Brooklyn, New York, we proudly serve clients throughout New York City, including Brooklyn, The Bronx, Manhattan, Queens, and Staten Island.
