The no-fault system limits an injured party’s right to sue for non-economic damages. While these losses are no less real than economic losses, they are sometimes harder to establish. These losses can be related to pain and suffering, loss of companionship, or emotional distress.
You may be entitled to non-economic damages if you suffer from a “serious injury” which that meets a threshold determined by New York Stat Insurance Law § 5102. In these cases, you may sue for non-economic damages in addition recovering economic losses under a no-fault claim.
According to the New York State law, the following are defined as a “Serious Injury.”
- Personal injury resulting in death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent “consequential limitation” of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment
If you’re not sure if your injuries meet these legal criteria, an experienced injury attorney can give you guidance and determine if you’re eligible to sue for related non-economic losses.
If you have questions, call 212-577-9710 or email us and learn more.