Westchester County Accidents

For those injured in a motor vehicle accident, the pain and suffering is often compounded by confusion over a lack of information regarding how to get reimbursed for medical bills, loss of earnings and for other damages suffered. If an individual suffers serious injuries as a result of an accident, it may be necessary to file a personal injury claim and/or pursue legal action to recover the compensation to which he or she is entitled. In Westchester County, personal injury claim and/or lawsuit should be filed against the responsible parties for economic damages such as medical bills (which No-Fault did not cover) and non-economic damages including pain and suffering.

Westchester County Motorists involved in accidents who suffer serious injuries may be able to sue for economic as well as non-economic damages such as the pain and suffering (that is attributable to their injuries). Under New York State law, a serious injury can be defined as any of the following:

• Death
• Dismemberment - Loss of limb(s)
• Significant disfigurement/scarring - The injury must be significant enough to cause a reasonable person to view the result as 'unattractive, objectionable or as the subject of pity or scorn'.
• Fracture of a bone or a part of a bone
• Loss of a fetus
• Significant limitation of use of a body function or system
• Permanent consequential limitation of use of a body organ or member - The use of the organ or member causes persistent or chronic pain that has a limiting effect.
• Permanent loss of use of a body organ, member, function or system - The injury must cause the organ, member, function or system to no longer operate, operate in a limited capacity or operate only with pain.
• The '90/180 Day Rule' - Defined as an impairment of a non-permanent nature that prevents the victim from conducting daily activities for at least 90 days during the 180 days immediately following the accident.