When driving on a public roadway, we are expected to exercise due care and abide by traffic laws, which are in place to ensure public safety. As we all know, not everyone obeys the law; some people are careless, and accidents happen every day.
Many of the cases handled by Rutberg & Associate's car accident lawyers in Poughkeepsie, New York involve catastrophic injuries or death. The firm also represents many people with lesser, but still significant, injuries sustained in vehicular accidents. While cases of major injury and death require the excellent legal representation this firm provides, cases involving routine injuries also present their own, special challenges.
Contrary to what the public hears from certain politicians, the civil justice system contains many safeguards and rules that prevent the recovery of money by people with very minor injuries. In the state of New York, one of the most important protections, applicable to vehicular accidents, is contained in the Insurance Law and is commonly called the "Threshold" statute. If the injuries don't pass the "threshold", the case gets dismissed.
For a claimant to have the right to be compensated for his or her bodily injuries, the claimant's attorney has to prove not only that the other driver is at fault for the collision, but that the claimant sustained a "serious injury" as defined by the "Threshold" statute. "Serious injury" includes the following:
1. Death
2. Dismemberment
3. Significant disfigurement
4. Bone fracture
5. Loss of a fetus
6. Permanent loss of use of a body organ, member, function or system
7. Permanent consequential limitation of use of a body organ or member
8. Significant limitation of use of a body function or system
9. Any medically determined injury that causes the victim to be incapacitated for 90 of the 180 days following the accident
Several of these items are very ambiguous. Proving that you have met the "threshold" is vital to your case. Your auto accident lawyers in Poughkeepsie or elsewhere will help you determine whether you meet the requirements of the New York "Threshold" Statute. There are many components and factors related to each of the statute's requirements. Due to the many time restraints related to New York accident claims, it is imperative that you contact a car accident lawyer as soon after the accident as possible.
At Rutberg Personal Injury Law, our auto accident lawyers in Poughkeepsie successfully handle motor vehicle accident claims throughout New York. We work hard to protect your rights as an injured victim of collision or vehicle-pedestrian accident.
Contact us today to discuss your auto or car accident, product liability, wrongful death or medical malpractice case in Poughkeepse or in greater New York. |