Amputation After a Car Accident in the Bronx: Can I Sue?

Unfortunately, many car accidents in the Bronx lead to amputations. Sometimes, doctors simply cannot save limbs – and the only remaining option is the unthinkable. Victims of these injuries often struggle with both mental health and physical problems for the rest of their lives. How can you pursue compensation after this type of injury?

 An Amputation Is Considered a “Serious Injury” Under New York Law 

It might seem obvious to call an amputation a “serious injury.” However, the specific definition of the phrase “serious injury” is important in New York law. This is because if you have suffered a serious injury, you do not face the same limitations that a normal injured plaintiff would in the event of a car accident. In these normal cases, less compensation would be possible under New York’s “no-fault” system. This is because no-fault claims do not provide compensation for non-economic injuries.

In contrast, an amputation meets the requirement of a serious injury, and it allows you to file a personal injury lawsuit directly against the negligent driver. This in turn provides a pathway for more compensation. An amputation is typically associated with pain & suffering, emotional distress, disfigurement, PTSD, depression, and other non-economic damages. All of these damages can lead to higher levels of compensation.

 When CAN’T You Sue After an Amputation Injury Related to a Car Accident? 

There are a number of situations in which it may be challenging to file a personal injury lawsuit. First, your injury may have been work-related – and you may need to file a workers’ compensation claim instead. However, this only really applies to accidents on private roads and company premises. For example, you might have had your leg run over by an excavator at a construction site. As long as the accident occurred on a public road in the Bronx, you probably have the right to file a personal injury claim instead.

It may also prove difficult to sue if you wait too long. For example, you might wait many years after your injury. Something called the “statute of limitations” prevents injured plaintiffs from suing if they wait too long – and this is something you should be aware of if you’re considering legal action. Perhaps the best way to determine whether or not you can sue is to get in touch with a qualified, experienced injury attorney in the Bronx.

Key Takeaways

• An amputation satisfies the definition of a “serious injury” under New York law
• Amputations cause non-economic damages like disfigurement and emotional distress
• You can claim non-economic damages for more compensation after most amputation injuries in the Bronx

Find a Qualified Injury Attorney in the Bronx 

If you’ve been searching for a qualified, experienced New York personal injury attorney, look no further than Cohan Law, PLLC. Over the years, we have helped numerous injured plaintiffs throughout the New York area – including those who have suffered serious, disfiguring amputations. With our help, you can strive for the full level of compensation you deserve. Book your consultation today.

Sources: 

dfs.ny.gov/consumers/auto_insurance/minimum_auto_insurance_requirements

hopkinsmedicine.org/health/treatment-tests-and-therapies/amputation#:~:text=Amputation%20is%20the%20loss%20or,emotional%20trauma%20can%20complicate%20recovery.