What is Threshold in NY Motor Vehicle Accident Cases? | By: Daniel Johnston, Esq.

wooden gavel concept

Motor vehicle accidents can be overwhelming and stressful, leaving victims with life-altering injuries and a seemingly endless list of financial and legal concerns. At Bell Law Group, we understand that navigating the complexities of the legal system is not easy, and our team is here to help.

One of the most common questions we receive from clients pertains to the threshold requirement in New York motor vehicle accident cases. In New York, the threshold requirement is a legal standard applied to motor vehicle accident cases to determine whether an injured person has the right to seek compensation for pain and suffering in a lawsuit. This requirement is primarily designed to prevent frivolous lawsuits and to ensure that only those with serious injuries proceed with litigation.

According to New York State Insurance Law (Section 5102(d)), an individual is deemed to have met the threshold if their injury falls under one of the following categories:

  • Significant disfigurement
  • Bone fracture
  • Permanent loss of use of a body organ, member, function, or system
  • Permanent consequential limitation of use of a body organ or member
  • Significant limitation of use of a body function or system
  • 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

Bell Law Group’s Success in Questionable Threshold Cases:

At Bell Law Group, we have a proven track record of success in handling motor vehicle accident cases with questionable threshold issues. Our experienced attorneys possess the knowledge and expertise necessary to thoroughly evaluate each case and identify the appropriate legal strategies to secure the compensation our clients deserve. Our team has successfully demonstrated that our clients’ injuries often meet the threshold requirements, even in cases where it may not initially appear so.

One of our key strategies in proving threshold requirements is working closely with medical professionals to establish a clear and comprehensive understanding of our clients’ injuries. This collaboration allows us to present a compelling argument in court, demonstrating how our clients’ lives have been significantly impacted by their injuries.

If you or a loved one has been involved in a motor vehicle accident in New York, you may be entitled to compensation for your injuries. At Bell Law Group, we are committed to providing our clients with the guidance and support they need to navigate the complex legal process. We encourage you to contact our experienced attorneys for a free case assessment to determine whether your case meets the threshold requirement and to explore your legal options.

Don’t hesitate to reach out to a New York personal injury lawyer from Bell Law Group at (516) 280-3008, or through our online contact form. Our compassionate team is ready to help you get the justice you deserve.

Get Your Free Consultation