Can You Sue for a Broken Bone After a Car Accident? Car Accident Lawyer NYC Explains

When we look at car accidents, you will notice that broken bones and fractures are among the most common injuries suffered. If you've been injured, you want compensation, and you're not alone in wondering if you can sue the person responsible. In this post, as your car accident lawyer in NYC, we’ll take you through everything you need to know about filing legal action and claiming compensation for broken bones and fractures in car accidents in New York.

How can we claim compensation for car accidents in NYC?

If you are looking to claim compensation for car accident injuries in New York, you have two options—insurance or a lawsuit. Since New York is a no-fault state, insurance is the primary means of claiming compensation for losses suffered due to a car accident. You would be able to claim compensation from the other driver’s liability insurance or cover medical expenses, lost wages, and other related expenses up to $50,000 through your personal injury protection insurance. 

Most insurance coverage will only cover economic damages, such as those we mentioned above. But if you want to claim compensation for non-economic damages like pain and suffering and emotional distress, you have to file a personal injury lawsuit. Filing such a lawsuit is only allowed in very specific circumstances.

When can you file a lawsuit for car accident injuries in New York? 

A person can only file a personal injury lawsuit to claim compensation for injuries suffered in a car accident when they show that:

• They have suffered a “serious injury” or 
• They have experienced basic economic loss that exceeds $50,000.

The term “serious injury” is defined in Article 51, Section 5102 of New York State Insurance Law as any personal injury that results in:

• Death 
• Dismemberment 
• Significant disfigurement
• A fracture 
• The loss of a fetus 
• The permanent loss of the use of a body organ, member, function, or system
• The permanent consequential limitation of the use of a body organ or member
• The significant limitation of use of a body function or system
• The inability to live normally for at least 90 days during the first 180 days immediately after the accident. 

So looking at our topic, can you sue for a broken bone after a car accident? The answer is yes. Since fractures are recognized as serious injuries, this means that the law allows you to file a lawsuit and claim compensation for non-economic damages such as pain and suffering, emotional distress, the loss of consortium, and the loss of enjoyment of life, apart from the standard economic damages.

Should you sue for injuries after a car accident? 

While we’ve established that you can sue, the question is whether you should. As a personal injury law firm in NYC that handles car accident cases on a daily basis, what we can say is that the choice to sue ultimately depends on the circumstances of your case and the objectives you hope to achieve. 

If you’re someone who is looking to cover their expenses, claim due compensation, and move on from the incident, it would be ideal for you to consider the insurance route. It is quicker, and the combination of liability, personal protection, and uninsured motorist coverage would most likely cover all, if not most, of your costs. 

On the other hand, if the accident has significantly impacted your life and you will continue to experience its effect long after the incident, filing a lawsuit, claiming for non-economic damages, and holding the negligent party accountable is the logical step forward. You must also consider the financial position of the other side, and see if they are actually capable of paying the damages you claim. While the payday can be significant, you need good solid evidence to support your claim, and you may need to hold out for some time until the court gives their judgment.

Conclusion 

If you have suffered a fracture due to a car accident, New York law considers it a “serious injury” and allows you to sue for damages. However, while you are allowed to sue, it is important to look at whether going through all the trouble is really worth it or whether there are any alternative ways to claim compensation. Whatever you decide, if you’re in need of a Queens car accident lawyer to help you with any and all parts of your case, look no further than Gabriel Law. We are one of New York’s best personal injury law firms, and we would be thrilled to pave your path to a brighter future.