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Am I entitled to pain and suffering?

Hopewell Junction, NY |

I was injured on November 25, 2013 by a driver who ran a red light and struck my drivers side door. I've been out of work since with a shoulder injury and will find out shortly if I will need to under go surgery to resolve the problem. Regardless of surgery, I will not return to work until February 19th (probably another month at least if I do receive surgery). I am 25 and due to the injury I will miss a lot of work, but also I am unable to lift and properly care for my daughter. Also, seeing I am only recieving a portion of my lost wages I am not able to pay for her day care and have been forced to take her out. I know there is a threshold in New York State for pain and suffering claims, so I was looking for legal advice if I should pursue a claim. Thank you for any help or advice.

Attorney Answers 12


  1. Best answer

    Based on what your account of the damages, it is quite likely that you will meet the NY threshold. You should absolutely pursue the matter for pain and suffering either way. Contact a lawyer as soon as possible to protect your rights.


  2. Let me explain. Assuming that the car crash occurred in New York, you should already be receiving No Fault coverage. No Fault will pay for the first $50,000 in economic loss, including medical expenses and lost wages. You can pursue a claim for additional compensation, primarily, pain and suffering. To prevail with a claim, you need to show that the other driver shares all or some of the liability for causing the accident, that you suffered damages and that you meet the serious injury threshold. (See the attached link for info on serious injury.). There are many ways to meet the serious injury threshold, including missing 90 days of work in the first 180 days after the incident.

    I strongly recommend that you speak with an experienced personal injury attorney as soon as possible. That consultation should be free.

    The Schlitt Law Firm and Carol L. Schlitt provide answers for informational purposes only. If this answer is helpful, please mark the “helpful” button. If this is the best answer, then please indicate it. Thank you. We are a plaintiffs-only, personal injury and medical malpractice law firm representing clients in the New York metropolitan area. We offer personal services built on the values of communication, education and responsiveness. Please understand that legal advice can only be given by an attorney licensed in your jurisdiction who has a familiarity with the law concerning your question. This answer does not constitute an attorney-client relationship.


  3. The best "advice" is to continue with the medical care you require and consult with an attorney in your area as soon as possible. There is too much at stake not to take advantage of the free consultation offered by most personal injury attorneys. Good luck.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  4. Retain a New York state lawyer as soon as possible.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.


  5. Maybe. Consult with a NY personal injury lawyer as soon as possible to investigate your case and advise you of your options. Good luck.


  6. I think so. Get a lawyer right away. Did you file for no fault benefits?


  7. You definitely have a case. Not only will you be able to recover for pain and suffering, but also lost earning capacity, lost wages and future medical benefits. Our firm has handle many cases like this and is important to make sure you received the proper treatment for your injuries, keep a diary of your day to day activities and doctor visits, and have no fault pay your bills.

    There are also additional items that are important, and I would never suggest negotiating with an insurance company alone.


  8. Most likely, yes.

    The facts you describe would likely result in a money recovery for pain and suffering. There is no guarantee, but you seem to have a significant injury with a serious effect on your day to day life and functionality. Because of this you may very well breach the threshold you mentioned in your posting.

    As I mentioned, these types of matters carry no guarantees but there are several reasons why you should pursue a case. First of all - you are only 25. The unfortunate thing about these types injuries is that they generally progress with age. Some attorneys, including my firm, assist with your lost wages and can help verify that you are getting all that you are entitled under the no fault law. And this assistance is provided by counsel at no cost as fees in these types of matters are contingent on a money recovery.

    It is strongly suggested that you seek counsel to assist you with this matter. Consultations are free and even if it turns out that nothing comes of it you would have protected your rights and likely realized the full potential of no fault benefits due to you.

    Good luck!

    The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.


  9. Yes, why not. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee.


  10. You are likely entitled to compensation not only through the striking vehicle but additionally through the insurance coverage on your vehicle depending on the coverage limits of both vehicles and the extent of your injuries. Contact an AVVO lawyer as soon as you can .


  11. Yes. As long as you breach the serious injury threshold which it appears that you will, you can recover for pain and suffering/loss of enjoyment of life, medical bills and lost income.


  12. you sat " I know there is a threshold in New York State for pain and suffering claims"
    The threshold is whether you have a "serious physical injury" as it is defined by law in NY. Based on your saying you have been out of work and will be so until 2/19/14 and may need surgery I would say that you probably do have a "serious physical injury" and can sue to recover for your pain and suffering.
    I suggest that you contact an experienced personal injury attorney so that they can evaluate your case. Most personal injury attorneys will provide a free consultation.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Prior results do not guarantee a similar outcome.

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