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