Legal Question in Personal Injury in New York

i have ny state no-fault auto insurance,while changing the tire oncar the jack kick out yanking my arm down.i tore my rotator cuff and need surgery to repair.my insurance company is paying for the surgery,i was wondring if i can also be compensated for pain and suffering?thank you


Asked on 5/08/10, 7:39 am

1 Answer from Attorneys
Matthew Schroeder

The quick answer is, it depends. Under New York State law you have to sustain a "serious injury" to be compensated for your pain and suffering. Under the current law, a torn rotator cuff is not, in of itself, a qualifying injury. However, other factors, such as a loss of range of motion in your shoulder may allow the injury to qualify for compensation for pain and suffering. However, if you were the one who placed the jack under the car to change the tire and the jack did not fail in any way then, unfortunately you are the sole negligent party. You should contact a lawyer and provide them with the full facts of the incident.

Our office wishes you the best of luck.

Matthew A. Schroeder, Esq. (212) 532-1200

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Answered on 5/20/10, 6:22 am


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