In most cases, when you are injured in a car accident in New York, your means of obtaining compensation is limited to your insurance coverage. Filing a personal injury lawsuit is a last resort option and requires proving the existence of a “serious injury” or basic economic loss exceeding $50,000. One of the ways to show the existence of a serious injury is by coming under the 90/180-day rule. In this post, Gabriel Law will take on the role of your accident lawyer in Queens and talk about the 90/180-day rule and show what you need to do to fall within the exception.
What is the Serious Injury Threshold in New York?
Before we talk about the 90/180-day rule, it’s important for you to understand New York’s serious injury threshold. In New York, you are encouraged to settle any and all car accident-related compensation through insurance. When insurance is not enough to cover the expenses, you may be forced to file a personal injury lawsuit to claim additional compensation.
To be allowed to claim compensation, you must show that the basic economic damage you’ve suffered exceeds $50,000 or that you have suffered a “serious injury.” In New York Insurance Law, Section 5102 (d) defines what is considered a “serious injury,” and it includes
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- The loss of a fetus
- The permanent loss of the use of a body organ, function, or system
- A significant limitation in the use of a body function or system, or
- The 90/180-day rule.
If you show one or more of the above, you can satisfy NY’s serious injury threshold. As such, you will be able to file a personal injury lawsuit to claim additional compensation.
What is the 90/180-day rule?
As we’ve mentioned above, satisfying the 90/180-day rule is one of the ways to overcome New York’s serious injury threshold. You satisfy this rule when you can show that a medically documented injury you suffered from the car accident prevents you or significantly limits you from performing your customary daily activities for at least 90 days out of the first 180 days immediately after the accident.
For example, if an injury to your back or limbs prevents you from returning to work for at least three months or prevents you from cooking, cleaning, and performing personal care tasks that you would have normally done, then the 90/180-day rule may apply. However, keep in mind that the rule is applied on a case-by-case basis and will have a lot to do with the evidence you present.
How Can We Prove Serious Injury Under the 90/180-Day Rule?
Proving serious injury under the 90/180-day rule can be a challenge. To successfully prove a case, you and your car accident lawyer in Manhattan will have to rely on the following.
- Medical evidence – Detailed medical documentation from physicians and other medical professionals, along with prescriptions, can be used to show the severity of the injuries and how it may impact your life.
- Testimony – Statements from employers, caregivers, and family members can be used to corroborate the fact that the accident has prevented you from returning to work and performing your daily tasks.
- Daily activity logs—Consistent journal entries can be used to compare how you were before and after the accident. It can show your pain and suffering, mobility issues, and how the injury has impacted your recreational activities.
At the same time, to increase the chances of a favorable settlement, it is important for you to provide consistent testimony throughout the proceedings and keep up-to-date with all your medical treatments. One slip-up and it will be a long and arduous climb back to the top.
Conclusion
At Gabriel Law, our team of NYC car accident attorneys has extensive experience representing New Yorkers in their car accident cases. We understand the challenges of proving serious injury under the 90/180-day rule better than most. From start to finish, we will be there to guide you through the process and help you get the compensation you deserve. There is light at the end of the tunnel; to get there, all you need is a little help from Gabriel Law. Contact us today and schedule your free consultation.
