Am I entitled to pain and suffering?

Asked 11 months ago - 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. Leandros A. Vrionedes

    Contributor Level 6

    10

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . 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. Craig A. Post

    Contributor Level 17

    12

    Lawyers agree

    1

    Answered . 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... more
  3. Carol Lynn Schlitt

    Pro

    Contributor Level 12

    10

    Lawyers agree

    1

    Answered . 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... more
  4. Daniel Simon Hahn Szalkiewicz

    Pro

    Contributor Level 13

    9

    Lawyers agree

    1

    Answered . 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.

  5. Anthony A. Ferrante

    Pro

    Contributor Level 15

    7

    Lawyers agree

    1

    Answered . 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... more
  6. Yefim Rubinov

    Contributor Level 17

    7

    Lawyers agree

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

  7. Edward A. Ruffo

    Pro

    Contributor Level 10

    7

    Lawyers agree

    Answered . 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 .

  8. Jason Todd Studinski

    Contributor Level 20

    8

    Lawyers agree

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

  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

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

  10. Philip Anthony Fabiano

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  11. David Ian Schoen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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. Abraham Jaros

    Contributor Level 8

    4

    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,250 answers this week

3,088 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,250 answers this week

3,088 attorneys answering