New York’s Serious Injury Threshold law is one of the most heavily litigated areas of automobile accident cases.
The Serious Injury Threshold (the “Threshold”) limits the circumstances in which a New York / Brooklyn Bronx Queens accident victims can be awarded compensation for personal injuries sustained in a vehicle crash. This legal “threshold” is codified in New York Insurance Law Article 51 et seq.
There are several ways in which the Threshold can be satisfied. The most common ways is the Serious Injury Threshold’s 90 of 180 Days Limitation qualifier.
A Serious Injury Threshold “90 of 180 Days Limitation” claim requires the accident victim to demonstrate his injuries were “serious” enough that he was “limited” in his performance of routine tasks during at least ninety (90) days of the first one hundred eighty (180) days immediately following the accident.
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The 90+ days of disruption to routine tasks do not need to be consecutive. Any 90 days (or more) of significant disruption, during the first 180 days immediately following the date of the accident, will count toward satisfaction of the Serious Injury Threshold.
However, an accident victim’s ability to satisfy the 90 of 180 Days standard can be complicated by separate and distinct medical conditions.
Pre-Existing Medical Conditions
Many people have medical conditions, such as limited mobility of an arm or leg, which impair their daily activity. When a person with a pre-existing condition is involved in an automobile accident, the injuries they sustain often make the pre-existing condition even worse.
This raises a technical question of the extent to which the accident is responsible for the victim’s post-accident ailments. Only the portion of the ailment(s) that is attributable to the accident will count toward satisfaction of New York’s Serious Injury Threshold.
Expert medical testimony is often required regarding exacerbation of pre-existing conditions.
Intervening Medical Conditions
Occasionally, in the weeks or months immediately following an automobile accident, the injured party will suffer an unrelated injury. For example, the injured party could be struck with falling debris while walking alongside a construction site.
A personal injury attorney will need to work with medical professionals to establish that the victim’s daily routine would still have been limited for at least 90 of 180 Days immediately following the car accident, even if the “intervening” construction site accident had never occurred.
Serious Injury Threshold 90 of 180 Days Review
Have you sustained injuries in a vehicle collision causing significant disruption to your regular course of conduct? Obtaining timely diagnosis and treatment is an important part of establishing the extent to which your injuries have disrupted your daily routine.
Call our auto accident lawyer right away for a free consultation regarding satisfaction of New York’s Serious Injury Threshold 90 of 180 days requirement. We will review the limitations to your daily routine caused by your injury, and provide our recommended approach to pursuing monetary compensation in the State of New York.