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New York Serious Injury Threshold

Believe it or not, just because you were injured in a Car Collision and injured because of someone else, according to New York's insurance law, you are only able to bring a law suit against the responsible party if you suffered a "serious Injury". Although everyone who has ever been in a car collision believes their injury is serious, the New York "Serious Injury" threshold is an objective standard and can only be established using medical proof supported by a medical doctor and in very specific situations, including:  

  • Death;
  • Dismemberment;
  • Significant disfigurement;
  • Fracture;
  • Loss of a fetus;
  • Permanent loss of use of a body organ, member, function or system;
  • Permanent consequential limitation of a body organ or member;
  • Significant limitation of use of a body or system; or
  • Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

The point being that New York is not exactly simple when it comes to figuring out if you have a case or legal basis to bring a case. This is why it is really important you consult an attorney as soon as possible so you do not cause yourself more harm by failing to comply with the many time deadlines.

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Frequently Asked Questions
How long does it take to settle a personal injury case in New York City?
In New York City, the timeline for settling a personal injury case can vary based on factors such as the complexity of the case, the severity of your injuries, and whether the case goes to trial. Some cases settle within a few months, while others take a year or more, especially in the busy NYC court system. At the Law Office of J Bacher, PLLC, we work diligently to resolve cases efficiently while securing the maximum compensation for our clients.
How do I know if I have a valid personal injury claim?
To have a valid personal injury claim, you need to show that another party’s negligence caused your injury and resulted in damages, such as medical expenses or lost wages. At the Law Office of J Bacher, PLLC, we offer free consultations to evaluate your case and provide straightforward, honest advice about your options.
How is the value of my personal injury claim determined?
The value of your claim depends on factors like the severity of your injuries, medical costs, lost income, and pain and suffering. Our team at the Law Office of J Bacher, PLLC uses its extensive experience handling NYC cases to assess the full scope of your damages and fight for the compensation you deserve.
Do I need a lawyer for my personal injury case?
While it’s not legally required, hiring an attorney in NYC is highly recommended. Insurance companies often try to minimize payouts, and the legal process can be overwhelming. At the Law Office of J Bacher, PLLC, we handle every aspect of your case—from investigating the accident to negotiating with insurers and taking your case to trial if necessary.
What is the difference between a personal injury settlement and a lawsuit?
A settlement resolves your claim without going to court, while a lawsuit involves filing a case in court and potentially going to trial. Many NYC cases settle before reaching court, but at the Law Office of J Bacher, PLLC, we prepare every case as if it will go to trial to ensure the best outcome for you.
What should I bring to my first consultation with a personal injury lawyer?
Bring any documents related to your case, such as accident reports, medical records, photos, and communication with insurance companies. At the Law Office of J Bacher, PLLC, we use this information to evaluate your case and map out a winning strategy tailored to your needs.
Can I file a personal injury lawsuit in New York if I am not a U.S. citizen?
Absolutely. In New York City, non-citizens, including undocumented individuals, have the same rights to file a personal injury lawsuit. Our firm is experienced in handling cases for clients of all backgrounds, ensuring your rights are protected and immigration status does not impact your ability to pursue justice.
How much will I owe my lawyer if I receive compensation?
At the Law Office of J Bacher, PLLC, we work on a contingency fee basis, meaning you owe nothing upfront, and we only get paid if we recover compensation for you. Our fee is typically one-third of the recovery, and we also advance all necessary legal expenses, such as hiring experts and obtaining records. This approach ensures we are fully invested in securing the maximum compensation for you.
What happens if the insurance company denies my claim?
If an insurance company denies your claim, we can help by appealing the decision, gathering additional evidence, or filing a lawsuit. At the Law Office of J Bacher, PLLC, we have experience holding insurance companies accountable and ensuring our clients get the compensation they deserve.
How do I choose the best personal injury lawyer in New York City?
Look for an attorney with deep knowledge of NYC laws, a proven track record, and a reputation for client-focused representation. The Law Office of J Bacher, PLLC has years of experience, glowing client reviews, and a commitment to delivering results while keeping your best interests at heart.
What sets the Law Office of J Bacher, PLLC apart from other NYC law firms?
At the Law Office of J Bacher, PLLC, we follow “The Bacher Way,” which prioritizes personalized attention, strategic advocacy, and maximum recovery. With extensive experience in NYC personal injury cases, we understand the unique challenges of navigating the city’s legal system and are dedicated to supporting you every step of the way.
"Our success is based on our defined approach to each case, which includes a thorough investigation, a full review of legal documents and ongoing consultations throughout each stage. We are committed to our clients and their best interests, while understanding that just as each case is unique, so too are our clients." 
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