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New York Personal Injury Attorneys

Is There A Minimum Threshold For Medical Bills In A New York Personal Injury Case?

March 25, 2020 in

The answer is no; there is not a minimum medical bill threshold that must be reached before you can file a personal injury case in New York. When it comes to collecting compensation in personal injury cases, however, medical bills are often used to help illustrate the extent of your injuries.    

If you have been injured in a personal injury accident, it is important to get the medical care and treatment that you need as soon as possible. Defendants and insurance companies often point to delays in treatment or absence of treatment as evidence that the plaintiff’s injuries are neither serious nor significant.   

Types Of Personal Injury Claims

There are many types of personal injury cases, such as defective products, medical malpractice, wrongful death, premises liability, car accidents, bicycle accidents, pedestrian accidents, mass disasters, maritime and construction accidents. Different types of claims are often subject to different rules and procedures. 

For example, the statute of limitations is different for medical malpractice claims than it is for accident injury claims and claims against a government entity. Another example is that in New York, if you are involved in a motor vehicle accident, you have to have sustained a “serious injury” as defined by statute in order to prevail in a lawsuit.  Injury victims in other types of personal injury cases are not subject to those same limitations. 

Car Accidents And Bodily Injury Claims

New York is a no-fault car accident state, which is intended to make getting medical treatment and paying medical bills easier for motor vehicle accident victims. The term “no-fault” does not mean you can automatically recover if you are injured.  Rather, it is a benefit provided through your auto insurance policy to which you submit your claims for any and all related medical bills and lost wages resulting from your accident.  Typically, you can submit claims for medical expenses and lost earnings up to $50,000.  Some individuals have additional protection and benefits above the $50,000 limit.

Although New York law does not have a minimum medical bill threshold, state laws do require that car accident injuries qualify as “serious” as described above, before you are eligible to file a personal injury lawsuit against the party who caused the accident. Injuries that qualify as serious include death, dismemberment, fracture, significant disfigurement, loss of 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 function or system or a 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. 

Personal Injury Claim Compensation

No-fault coverage for car accidents may be limited to medical bills and lost wages, but through a personal injury lawsuit, plaintiffs may have additional recovery options to provide them with more compensation, such as for their pain and suffering.  Depending on your injuries and damages, you may also be entitled to compensation for future medical expenses, loss of earning capacity, disability, mental anguish and loss of services, amongst others.  

New York Personal Injury Law

New York’s personal injury laws are complex, and no two cases are the same. An experienced New York City personal injury attorney can help you by reviewing your case, going over applicable laws, and evaluating your claim. If you have a strong claim for compensation against an at-fault party, your attorney will help value your claim, negotiate with insurance companies, and take your case to trial if necessary.  

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Our fee is on a contingency basis. If we don’t recover money for you, we will never charge you. If you are unable to come to any of our offices, we are happy to visit you at home or in the hospital.

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