Table of Contents
- What Legal Criteria Must Be Met To File a Back Injury Lawsuit After a Car Accident in New York?
- What Factors Determine the Value of Your Back Injury Case?
- What Compensation Is Available for Back Injuries After a Car Accident in New York?
- What Evidence Is Needed To Prove Your Back Injury Was Caused by the Accident?
- How Can Lever & Ecker Help You After a Car Accident Back Injury
- Contact Lever & Ecker Today for a Free Case Evaluation
What Legal Criteria Must Be Met To File a Back Injury Lawsuit After a Car Accident in New York?
To sue an at-fault party after a car accident in New York, you must have a qualifying “serious injury” as defined under the New York Insurance Law § 5102(d) serious injury threshold. While some types of back pain may qualify, not all of them meet the criteria.
It is essential to consult with a lawyer who understands the nuances of the serious injury threshold. A knowledgeable attorney can help determine whether your injuries qualify, allowing you to pursue a lawsuit for the injuries sustained in a car accident.
Qualifying injuries of New York’s serious injury threshold include:
- Permanent consequential limitation of a body organ or member
- A significant limitation of the use of a body function or system
- A non-permanent, medically determined injury or impairment that prevents the injured person from performing their usual and customary daily activities for at least 90 of the 180 days immediately following the accident.
Meeting this threshold is the first step to recovering non-economic damages in court.
What Factors Determine the Value of Your Back Injury Case?
Once the serious injury threshold is met, the value of a back injury case is determined by considering the following factors:
- Severity and permanence of the injury
- Medical treatment required
- Impact on the ability to work and daily life
- Documentation and evidence needed to support your claim
- Fault and liability considerations
New York’s pure comparative negligence law allows you to receive compensation for damages even if you are partially or more at fault than the other party. However, the amount of compensation you receive will be reduced based on your level of fault.
What Compensation Is Available for Back Injuries After a Car Accident in New York?
In New York, all drivers are required to purchase personal injury protection (PIP) insurance, also known as no-fault insurance coverage, which reimburses medical care and certain limited lost wages, typically at least $50,000 per injured person, depending on the coverage procured.
If you meet the serious injury threshold, you may have the option to pursue economic damages that exceed your PIP coverage, as well as seek compensation for non-economic damages. Non-economic damages refer to compensation for subjective, non-monetary losses.
After meeting the § 5102(d) threshold, you may pursue damages such as:
- Pain and suffering (past and future), including any surgeries and long-term limitations
- Emotional distress and loss of enjoyment of life
- Medical expenses (past and future) and rehabilitation
- Lost wages and reduced earning capacity
Injured in a Car Accident? Contact Our Team Today
What Evidence Is Needed To Prove Your Back Injury Was Caused by the Accident?
To prove back pain in a car accident case, useful evidence includes:
- Police accident reports and witness statements
- Medical records and ongoing treatment notes
- Testimony from doctors, therapists, or counselors
- Journals, photos, or videos documenting your recovery
- Statements from loved ones about your emotional and physical changes
Gathering evidence to prove back pain after a car accident can be difficult, but the process is far less overwhelming with an experienced attorney by your side.
How Can Lever & Ecker Help You After a Car Accident Back Injury
Suing for back pain after a car accident in New York requires more than showing you were hurt. You must clear legal thresholds, calculate subjective damages, and gather convincing evidence. This is why having a trusted car accident attorney is invaluable.
When you become a client of Lever & Ecker, we will meet you wherever it is most convenient—whether at our office, your home, in the hospital, over the phone, or online. We will take care of the difficult parts for you, providing the resources you need to make informed legal choices and get the right care. You can rely on us to manage the legal process from start to finish. When you work with us, our attorneys will:
- Evaluate your case and explain your legal options
- Investigate the accident and gather key evidence
- Handle communications and negotiations with insurance companies
- Calculate full damages, including medical costs and lost wages
- Provide expert legal representation in settlement talks or trial
- Ensure all paperwork is filed correctly and deadlines are met
- Protect you from unfair insurance tactics and low offers
- Allow you to focus on recovery while managing your legal claim
Lever & Ecker Recovered a $1.25 Million Settlement for Back Injuries After a Rear-End Accident
The attorneys at Lever & Ecker have over 70 years of combined experience fighting for injured clients across New York. We understand how to build strong cases for maximum results—whether through settlement or trial.
This includes the $1.25 million recovered for a client who suffered lower back pain after a rear-end auto accident. The defense argued that our client’s injuries were pre-existing and took a no-pay position before arbitration. Our firm defeated the defense’s arguments and received the arbitration award of $1.25 million, which represented the full policy limits of available insurance.
Contact Lever & Ecker Today for a Free Case Evaluation
If you or a family member experiences back pain as a result of a car accident in New York, contact Lever & Ecker to learn more about your legal options. Our award-winning New York personal injury lawyers take a hands-on approach to every client’s matter, guiding them through each step of the legal process. We provide our clients with top-tier legal representation and an open line of communication throughout their cases, using our experience and extensive resources to protect their legal rights.
Contact us online or call one of our three office locations today for a free case evaluation:
White Plains: (914) 288-9191
Bronx: (718) 933-3632
Queens: (347) 391-6337
