ways to sue for pain and suffering from a car accident at no fault state new york

Ways To Sue For Pain And Suffering From A Car Accident At No-Fault State New York

When you’re involved in a car accident in New York, a no-fault state, your personal injury protection (PIP) insurance kicks in to cover medical expenses and lost wages. But what about the pain and suffering you’ve endured?

No-Fault State New York

The Kerner Law Group, P.C. is a law firm that caters to personal injury cases in New York, such as car accidents.

In the bustling city of New York, which is a no-fault state, drivers are obligated to carry personal injury protection insurance, however, it’s important to realize this doesn’t cover everything – especially not pain and suffering.

The fact is, if you’ve been in a car accident in New York, your insurance will only pay for economic losses like medical expenses or lost wages up to a certain threshold. It doesn’t take into account non-economic losses like pain and suffering, which can drastically impact your quality of life.

If the aftermath of a car accident in New York has left you with serious injuries surpassing the medical expenses threshold set by law, then it may be time to consider taking legal action.

That’s where an experienced personal injury lawyer comes into play. They know how to navigate the complexities of filing a personal injury lawsuit in a no-fault state like New York and can guide you on how best to handle a lawsuit to recoup damages for pain and suffering.

Your attorney will work tirelessly to gather evidence proving that your injuries meet New York’s stringent definition of ‘serious injury’ under its no-fault laws so that you can pursue compensation for pain and other noneconomic losses not covered by your fault insurance.

Remember, though, time is never on our side when dealing with legal matters, so don’t hesitate to seek help from an experienced professional if you find yourself needing support after an unfortunate car accident in New York.

How to sue if you have suffered a “serious injury” under New York law

Navigating the ways to sue for pain and suffering from a car accident, especially in a no-fault state like New York, can seem complex. 

Even though your personal injury claims might be valid, not all accident injuries are considered ‘serious’ under the law. However, getting assistance from experienced personal injury attorneys could make this process less daunting.

To understand what constitutes a serious injury under New York law, consider that the bodily harm must surpass minor scrapes and bruises. This usually includes fractures, dismemberment, significant disfigurement, loss of a fetus, or permanent limitation of use of a body organ or member.

It’s also important to note that insurance companies scrutinize these criteria closely when assessing whether they should pay beyond what’s covered by their policyholder’s automobile insurance policy.


It is crucial for your case that your attorney can gather sufficient evidence proving the severity of your injuries beyond just medical records – eyewitness testimony or photographs could be valuable here.

Remember, merely being involved in an accident with injuries isn’t enough; you need substantial proof showing how those injuries have severely impacted your life. This is why choosing adept personal injury attorneys who are well-versed in insurance procedures and state laws is critical for successful litigation.

You may be entitled to up to at least $50,000 in medical expenses and/or lost wages if you are injured in a car accident

If you’re facing medical bills that total over $50,000 or missing out on wages because you can’t work due to your injuries, we understand that it’s not just the physical pain, it’s the financial strain too.

Even though New York is a no-fault state and your auto insurance policy should cover some of your losses through personal injury protection, it doesn’t always provide enough coverage. Medical expenses can quickly surpass the limits of most standard fault coverage policies.

The cost of recovery is more than just hospital visits; ongoing therapy sessions, prescription medications, and other necessary treatments can add up quickly. Your lost wages from not being able to work also contribute significantly to this financial burden.

Despite these challenges, remember that if your medical bills and lost wages exceed $50,000 in total due to a car accident in New York, you may have grounds to seek additional compensation beyond what’s covered by no-fault benefits from the tortfeasor’s insurance policy. This could help alleviate some of the financial tension while you focus on healing.

Contact a New York Attorney if you have suffered the permanent loss of a body function or organ.

When you’re grappling with the harsh reality of a life-altering injury that has taken away your ability to function as before, it’s like being caught in a relentless storm of confusion and despair.  You may have been the most careful driver on the road, but motor vehicle accidents can still occur due to another person’s negligence. If you’ve suffered a permanent loss of body function or organ because of such an accident in New York, remember that you’re not alone.

Under New York’s no-fault insurance legislation, drivers are required to carry personal injury protection (PIP) insurance, which covers medical expenses and lost wages. However, PIP does not account for pain and suffering caused by severe disabilities.

In these circumstances, the team at Kerner Law Group, P.C. is there to help fight your case. They understand how overwhelming it can be to navigate through all the legalities while dealing with trauma.

Their job is to advocate for your right to seek compensation for losses beyond what PIP insurance provides, including pain and suffering from losing a vital body organ or function permanently due to an accident. You must act promptly after an accident for compensation claims; in New York state law mandates filing within three years from when the incident occurred.

If you have suffered a significant disfigurement call Kerner Law Group, P.C.

It’s a tough pill to swallow, finding yourself staring back at a stranger in the mirror, your body marred and disfigured after that fateful incident with motor vehicles. The reflection you see is not just an image of physical pain; it’s also a haunting reminder of emotional distress and accident-related lost wages.

Here are some steps you can take:

  1. Consultation: Seek a lawyer consultation immediately. An experienced attorney can guide you through the complicated compensation process.
  2. Uninsured driver: If the person responsible for your injuries was an uninsured driver, don’t panic! Your own liability coverage may provide compensation for medical bills and recovery costs.
  3. Lost Wages: Make sure to keep track of any work missed due to your injuries. You could be entitled to recover accident-related lost wages.
  4. Motor Vehicle-Related Death: While it’s painful even to think about if there has been a motor vehicle-related death in your family due to this incident, additional forms of compensation might be available.

No one should have their life turned upside down because of another driver’s negligence or recklessness on the roadways of New York State. So don’t hesitate – reach out for that consultation today and start taking back control over your life from this unfortunate circumstance.

If you have suffered a death in the family in a car accident in New York State, you need legal representation

Losing a loved one in a motor vehicle incident can leave you reeling, the absence echoing through your home and heart as you grapple with grief, loss, and the sudden financial burden that’s been thrust upon you.

In this devastating time, disputes with an insurance agent over compensation benefits may seem overwhelming. However, it’s crucial to understand that as a victim of such tragic circumstances in New York – even in a no-fault state – you have the right to make compensation claims for pain and suffering due to the death in your family.

An initial legal consultation can guide you through this process.

During your first meeting with a lawyer, they’ll explain how clients like yourself can file for social security disability if the deceased was the primary earner. This is an added layer of financial support while pursuing pain and suffering litigation.

Don’t hesitate to seek out legal consultation early on; attorneys are experienced at handling sensitive situations like yours and can offer valuable advice during this challenging time. They will work tirelessly on your behalf to ensure that all compensation claims are thoroughly explored so that you receive fair compensation for your tragic loss.

What Types of Damages Can I Recover in a Pain and Suffering Lawsuit?

You’re not limited to medical expenses and lost wages; your claim can also include compensation for the physical pain and emotional turmoil you’ve experienced. Additionally, you can seek compensation for any loss of enjoyment in life due to the accident. It’s crucial to fully grasp these aspects as they significantly influence how much compensation you might receive.

Medical Expenses

Medical expenses can quickly mount after a car accident, and in New York, you’re entitled to sue for these costs if your injuries are deemed serious enough. This applies not just to car accidents but also to incidents involving motorcycles.

Part of the process involves getting a medical treatment evaluation from an insurance company physician. They’ll assess your condition and determine if it’s severe enough to fall under the ‘serious injury per person’ category outlined by New York laws.

Lost Wages

In the aftermath of a serious collision, you’re likely dealing with more than just physical injuries; there’s also the financial strain of missed work. The compensation to your vehicle might be covered, but it doesn’t make up for the income lost due to the inability to perform usual duties. That’s where wage loss benefits come into play.

In New York, if you’ve been injured in a car accident and can’t return to work temporarily or permanently, you may be eligible for these benefits under motor vehicle policies.

You should seek a no-obligation consultation with an experienced attorney who can guide you through filing claims and securing disability benefits rightfully owed to you from both no-fault and liable driver insurance. This way, even amidst unfortunate circumstances, you can alleviate some financial pressures while focusing on recovery.

Pain and suffering

Dealing with the aftermath of a serious collision, you’ll find that it’s not just about the physical injuries or financial strain; it’s also about the emotional distress and upheaval to your usual way of life. Pain and suffering can’t be quantified as easily as medical expenses or lost wages, but they are nonetheless real and significant.

You may have additional coverage amounts through your automobile insurance carriers, which could include compensation for pain and suffering. This is considered additional coverage over your core coverage like medical payments or property damage liability. Even if you were involved in a hit-and-run incident where an unknown driver is to blame, your own car insurance policy might still provide some level of coverage for repair costs and even potentially for your pain and suffering.

However, securing these benefits isn’t always easy as insurers often resist paying out on claims beyond core coverages. They might argue that your emotional distress doesn’t qualify under their definition of ‘serious injury’.

It’s here where an attorney experienced in fault arbitration can help navigate these complexities on your behalf. To make sure you’re taking all possible steps towards full recovery physically, emotionally, and financially – it’s wise to get a free, no-risk consultation with a legal professional like Kerner Law Group, P.C., who understands this terrain exceptionally well. They can guide you through the process of claiming these additional coverages from stubborn carriers and making sure that every aspect of your pain and suffering is recognized and compensated adequately.

Loss of enjoyment of life

It’s not just the physical pain that takes a toll, but also the loss of life’s simple pleasures you once enjoyed. This is known as ‘loss of enjoyment of life’ and in the no-fault state of  New York, it’s taken into account when suing for pain and suffering from a motor accident.

You may have difficulty enjoying activities you used to before the crash due to new consequential limitations, which can result in economic coverage under this category. Before taking the litigation route, however, consider arbitration. Arbitration requests are often faster and less stressful than court trials.

The arbitration route involves hiring an independent third-party arbitrator who listens to both sides of the case and makes a decision. It’s important to remember that there will be an arbitration filing fee involved. If you’re unsure about how to proceed with this approach, consult with your attorney for guidance.

Key considerations when choosing between litigation or arbitration:

  • Duration: Arbitration typically resolves quicker than going to trial.
  • Cost: Although there is an arbitration filing fee, overall expenses tend to be lower compared with court proceedings.

Things you’ll need for either process:

  • Evidence: Documentation supporting your loss of enjoyment claims such as medical reports or personal testimonies.
  • Legal representation: Having experienced legal counsel guiding you through either process can increase your chances of success.

Don’t let this deter you from pursuing what’s rightfully yours. Life might have thrown you a curveball, but remember – it’s not only about recovering financially but also regaining some semblance of normalcy after experiencing such traumatic events.

How to File a Pain and Suffering Lawsuit in New York

Filing a lawsuit for pain and suffering in the Empire State involves some crucial steps you’ll need to take promptly. First, keep in mind that New York law gives you a three-year timeframe from the date of the accident to file your lawsuit. It’s essential not to delay, as failing to meet this deadline could forfeit your right to sue.

Hiring an attorney should be one of your first actions — they’ll help guide you through the complex process and advocate on your behalf. Your chosen attorney plays a pivotal role in gathering evidence that proves you meet the criteria for suing for pain and suffering under New York’s no-fault law. They’ll also handle negotiations with insurance companies, striving to reach an agreement out of court if possible.

However, if discussions with insurers don’t yield satisfactory results, prepare yourself for trial; it’s then that your case will be presented before a judge or jury where a verdict regarding compensation will be made.

What Are the Benefits of Hiring an Attorney To Represent Me in a Pain and Suffering Lawsuit?

Having a skilled attorney to represent you in a lawsuit can significantly enhance your chances of securing the compensation you’re entitled to. They’re familiar with the legal system and understand how to navigate through its complexities.

An experienced lawyer like Kerner Law Group, P.C. knows precisely what evidence is necessary to substantiate your claim, and they’ll ensure it’s collected efficiently. They’ll also negotiate on your behalf with insurance companies, who often try to minimize payouts or deny claims entirely.

Having an attorney by your side can alleviate much of the stress associated with legal proceedings. It’s their job to handle most aspects of the case, allowing you to focus on recovery and rehabilitation from any injuries sustained in the accident.

Moreover, if negotiations fail and your case goes to trial, an attorney will be invaluable in presenting your case effectively before a judge or jury. They can argue convincingly why you deserve compensation for pain and suffering, potentially leading to a more favorable outcome than if you were alone in this journey.

Kerner Law Group, P.C. Can Help

In the end, it’s crucial to understand that suing for pain and suffering after a car accident in New York is not a simple process. You’ll need to meet specific criteria and navigate complex legal proceedings, but the potential recovery of damages makes it worthwhile.

Remember, you don’t have to do this alone. Hiring Kerner Law Group, P.C. provides invaluable assistance, ensuring your rights are protected while managing the intricate details of your lawsuit.

Arm yourself with knowledge and seek professional help today.

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