Can I File a Lawsuit if My Injuries Are Not Catastrophic?
by King Law
Personal injuries can vary greatly from incident to incident, and they can range widely in terms of severity. Even if a person does not sustain a particularly severe or disabling injury in an accident, that moderate injury can still result in many missed days of work, extensive medical bills, and pain and suffering. You should never assume that, just because your injuries are not especially severe, that you cannot be eligible to seek financial compensation.
One of our experienced Rochester personal injury attorneys can assess your case for you today to help you determine your eligibility for filing a lawsuit. In the meantime, we want to provide you with more information about filing a lawsuit after suffering injuries that may not be catastrophic.
Severity of Your Injuries and Medical Documentation
Many people who are injured as a result of another party’s negligence or wrongdoing are able to obtain financial compensation even if their injuries are not catastrophic. One of the most important steps in a personal injury case, regardless of the severity of the injuries, is to obtain a medical assessment and medical documentation.
First, you might assume that your injuries are not particularly severe after an accident, but you should know that some types of injuries are actually more serious than their initial symptoms suggest. For example, internal bleeding may not produce immediate and obvious signs, but a healthcare provider can identify these injuries and can get you the treatment and care you need. Second, it is critical to see a doctor as soon as possible after an accident to ensure that your injuries are properly documented. You will need that information to prove that the defendant’s actions (or lack of action, in some cases) caused the specific injuries for which you are seeking financial compensation.
Type of Lawsuit You Are Planning to File
What type of lawsuit do you plan to file? For most kinds of personal injury claims in New York, you do not need to have severe or catastrophic injuries in order to file a lawsuit against the at-fault party and to seek financial compensation for your losses. However, car accident lawsuits are a bit different.
If you were injured in a motor vehicle collision and your injuries are moderate but are not severe, New York law likely will not allow you to file a car accident lawsuit. According to New York Insurance Law § 5104, you must meet a “serious injury threshold” to be eligible for compensation in a motor vehicle collision lawsuit. Your lawyer can discuss the serious injury threshold with you and whether your injuries are severe enough to file a car accident lawsuit.
Seek Advice from a Rochester Personal Injury Lawyer
If you sustained any type of personal injury in an accident or because of another party’s fault, you may be able to file a personal injury lawsuit. Even if you did not suffer life-threatening or debilitating injuries, you may certainly still be able to file a lawsuit against the responsible party. As we mentioned above, aside from car accident lawsuits in New York, most types of personal injury lawsuits do not have a serious injury threshold. As such, it is important to get in touch with a Rochester personal injury attorney to discuss your case. Contact King Law to learn more about filing a claim.