Can I recover for pain and suffering for injuries sustained in a motor vehicle accident?
It depends. In New York, a person who is involved in a motor vehicle accident must sustain a “serious injury” as a result of a motor vehicle accident in order to recover for pain and suffering. New York State Insurance Law defines what a “serious injury” is. If your injury falls within one of these specific categories, you may bring a claim for your pain and suffering. Whether an injury is considered a “serious injury” is a highly litigated area of law. You should rely on the firm’s expertise in this area to advise you as to whether your injury is considered “serious” under New York State Law.