Legal Question in Personal Injury in New York
no fault ins & personal injury threshold rules
Re the 90 out of 180 days inability to function work-wise would working i.e anwering a few calls,meeting with two clients for aprox. 3 hours and logging aprox 15 hours or less during 3 months demonstrate significant curtailmen? I am in considerable pain after being rear-ended by a police car but I did go to the home of a client and I have responded to some emails but otherwise I have not been able to conduct my business as usual. Since I do not have a fracture or have not lost a limb I need to know if I can meet the threshhold for serious injury. Also, I have had a number of expensive tests including multiple MRI's,EEG and have been sent to various specialists.What will be the determining factors to demonstrate serious personal injury? Do special rules apply for self-employed individuals?
Thank you for your help.
2 Answers from Attorneys
Re: no fault ins & personal injury threshold rules
The 90/180 needsd to be MEDICALLY determined.
As to the other categories, see an attorney with your medical records for an evaluation as those other categories are nebulous and are usually dependant on the injuries, their nature and sequallae, as well as experience of the attorney in dealing with these matter.
Good Luck
RRG
Re: no fault ins & personal injury threshold rules
This is a well-litigated area. The disability needed would include staying in bed except to go to the bathroom for days at a time, or staying home and only leaving to see doctors for treatment. There are factors other than the 90/180 rule. Whether you surpass the threshold is something your lawyer would deduce; you must continue to get treatment through No-Fault benefits. Feel free to call me and I'll fill you in.
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