Soft Tissue Injuries/Minor Impact Accidents: Threshold Requirements for Damages
Bronx Injury Attorney and Personal Injury Lawyer Explains New York Threshold Requirements to Recover Monetary Damages in Soft Tissue Injuries in Minor Impact Car Accidents
Many times a person will be injured in a car accident that an insurance company or defense attorney will consider to be a minor impact soft tissue injury claim because the damage to the vehicle was limited and the injuries can not be seen by the naked eye nor by X-rays. The insurance companies have taken a very strong position on not settling these types of accidents and claims because they are of the opinion that the injury will not meet the “threshold” required to recover monetary damages under the New York No Fault Insurance Law.
Bronx Injury Attorney Explains What Is Meant by “Injuries Meeting Threshold”
Soft tissue injuries involve the muscles, tendons and ligaments of your body and do not include injury to bony parts. When you have an injury to a soft tissue part of your body it usually involves bruising, strains and sprains but also can involve a tear to a tendon or ligament that is more serious than a sprain and may even lead to an arthroscopic surgical procedure. Also injuries to the discs in your spine, such as disc bulges or herniations, can be traumatically induced by low impact accidents and can cause serious pain and limitations to a person’s spine for a long period of time. Specialized testing, such as MRIs, can detect tears and spinal damages that cannot be seen by an X-ray.
When a car accident occurs, the impact of the crash, even one considered minor, can cause your body to be thrown around the cabin of the vehicle, along with the locking of seat belts or the exploding of an air bag, can cause soft tissues to stretch considerably, resulting in significant damage. As a result of these types of accidents, individuals often experience pain, swelling, stiffness, and loss of motion.
The NY State Courts and Judges have held that soft tissue injuries, with proof of medical records, medical test results and documentation, can be considered “serious” under the New York No Fault Insurance Law if you have sustained a “consequential limitation of use of a body organ or member, and/or a significant limitation of use of a body function or system. The Courts will also consider your injury “serious” if you suffered an injury which substantially incapacitated you from performing most of your usual and customary daily activities for 90 out of the first 180 days following the accident.
Trust a Bronx Injury Attorney & Bronx Personal Injury Lawyer Who Has Been Fighting For the Rights of Bronx Residents Over 20 Years!
If you are looking for a Bronx Injury Attorney or Bronx Personal Injury Lawyer, at the Law Offices of Stuart M. Kerner, located in the Riverdale section of the Bronx, we have great experience in assessing personal injuries and their causes. If you’d like a legal opinion from a lawyer on the value of your potential personal injury case, contact us to schedule a free consultation so we can evaluate your personal injury case. Remember, insurance companies have lawyers protecting their interest, so why not have a Bronx Car Accident Lawyer protect yours!