Legal Question in Personal Injury in New York

what type of injury a person must suffer before they can commence a lawsuit


Asked on 10/10/11, 12:54 pm

2 Answers from Attorneys

Jason A. Richman Jason A. Richman, Esq.

It depends on many things. Anyone can file a lawsuit for anything. However, in New York, if you are suing for personal injuries suffered in a car accident, you must have suffered an injury which is serious in order to win your lawsuit. NY Insurance Law Section 5102(d) defines the injuries that are serious as including: death, dismemberment, fracture, various degrees of permanent or significant injuries, and even certain injuries that are temporary. In order to asses with more specificity your claim, you should either read Section 5102(d) and the recent cases interpreting it, or talk to an experienced attorney that handles NY personal injury cases.

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Answered on 10/10/11, 1:21 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

A serious injury usually one involving surgery, fracture or something that is permanent in nature. Lawsuits are very expensive and insurance companies fight very hard. Therefore, only cases where a person is seriously injured are pursued by most attorneys. If you have a serious injury and would like to speak to an attorney about your case please call the Law Offices of Jason B. Kessler at 914-220-1088.

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Answered on 10/10/11, 1:29 pm


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