If you’ve experienced serious injury in a car accident in the Bronx, you may be wondering if you can sue for pain and suffering. Medical bills, lost wages, and vehicle repairs are just part of the financial burden you might face. But what about the emotional and physical toll?
New York has specific laws about when and how you can seek compensation for pain and suffering after a car crash.
Understanding New York’s No-Fault Insurance Rule
New York follows a no-fault insurance system, meaning your own insurance company pays for medical bills and lost wages, no matter who caused the accident.
But here’s the deal: no-fault insurance does not cover pain and suffering.
To sue for pain and suffering, you need to step outside the no-fault system. That means proving you’ve suffered a serious injury as defined under New York law. A Bronx car accident lawyer can help determine if your case qualifies.
Definition of a Serious Injury in New York?
New York law has a strict definition of serious injury. It includes:
- Fractures
- Significant disfigurement
- Permanent disability of a body organ or loss of function
- Substantial limitation of a body part’s function
- Injuries that restrict your ability to do daily activities for a minimum of 90 days
If you’re experiencing lingering pain or mobility issues due to the car accident, you may qualify to receive compensation for pain and suffering. On the other hand, soft tissue injuries, like whiplash, are harder to prove, so they’re not likely to qualify for compensation.
If you’ve had a major car accident, it is a good idea to have a skilled car accident lawyer in The Bronx examine your case. An experienced Bronx car accident attorney will review your medical records and help you build a case.
How Do You Prove Pain and Suffering?
Pain and suffering aren’t just physical. They include emotional distress, anxiety, and how the injury has changed your life.
To prove this, your car accident attorney Bronx may use:
- Medical records showing ongoing treatment
- Expert testimony from doctors
- Your own statements about how the injury has impacted your daily life
- Witness statements from family or friends
You need to collect as much evidence as possible to build a strong case.
How Much Compensation Can You Get?
Every case is different. The amount you could recover depends on factors like:
- The severity of your injury
- How long you’ve been in pain
- Whether your injury affects your ability to work
- The emotional suffering due to the accident
A Bronx car collision lawyer can help you understand what your claim might be worth.
Do You Need a Lawyer for a Car Accident in The Bronx?
If your accident left you with ongoing pain or life disruptions, working with a personal injury lawyer in Bronx is a good idea. Insurance companies often downplay injuries and minimize your compensation. A Bronx personal injury attorney knows how to push back and fight for your rightful compensation.
Consult the Best Car Accident Attorney in The Bronx
If you or a loved one has suffered serious injury in a car accident, talk to a car accident lawyer in Bronx as soon as possible. The sooner you take action, the better your chances of getting fair compensation.
Jesse Minc is here to help. As one of the best car accident lawyers in the Bronx, we have the experience and dedication to fight for your rights.
Contact us for a free consultation and get the legal support you need.Call us at (718) 354-8000