Under New York’s no-fault law, pain and suffering damages are not available except in very limited circumstances. In order to recover pain and suffering damages, you must be able to show that you have suffered a “serious injury.” A serious injury is defined as an injury that:
- results in death;
- significant disfigurement;
- a fracture;
- loss of a fetus;
- permanent loss of use of a body organ, member, function or system;
- permanent consequential limitation of use of a body organ or member;
- a significant limitation of use of a body function or system; or
- a medically determined injury or impairment of a non-permanent nature that 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 ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
How Much Is No Fault Pain and Suffering Compensation in New York?
There is no set amount of compensation for pain and suffering in New York. The amount of your award will depend on the severity of your injuries and how long you have suffered. In general, the more severe your injuries are, the more money you will be able to recover.
Have You Been Injured in an Accident?
If you have been involved in a car accident and believe that you have suffered a serious injury, it is important to contact an experienced New York personal injury attorney who can help you navigate the no-fault insurance system and ensure that you get the compensation you deserve.
Michael J. Redenburg, Esq. is a New York City personal injury attorney with over 15 years of experience handling all types of accident cases, including car accidents. He is a member of the New York State Trial Lawyers Association and has been recognized by Super Lawyers as a “Rising Star” in the area of personal injury law.
If you have been injured in an accident, contact Michael J. Redenburg, Esq. today at 212-240-9465 to schedule a free consultation.