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Do I have a car accident case?

After a serious motor vehicle accident, there are many questions that need to be answered. How will you pay your bills? What will you do if you can't return to work? Who will cover the costs of treatment into the future?

Through a personal injury claim, you can secure compensation to help you cover your medical expenses, lost wages and damages for your pain and suffering. But how do you know if you qualify to bring a claim?

Qualifying for a personal injury claim in New York

To bring a claim after a car accident in New York, you must suffer a serious injury. Not all types of injuries are eligible. In general, Article 51 of the New York Insurance Law defines a serious injury as an injury that results in:

  • A fracture
  • Loss of a fetus
  • Dismemberment or significant disfigurement
  • Wrongful death
  • Loss of use of an organ, member, function or system in your body
  • Permanent limitation of the use of an organ or member
  • Significant limitation of the use of a function or system in your body
  • Injury or impairment that prevents you from performing your usual and customary daily activities for at least 90 days during the 180-day period after the accident

This definition can be confusing to individuals who are not familiar with the law. If you are unsure whether your case qualifies as a personal injury claim under New York law, an attorney can evaluate your claim and help you understand your rights. At Chiariello & Chiariello, we can help you understand your rights under the law and secure compensation for your injuries.

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Glen Cove Office


Chiariello & Chiariello
147 Glen Street
Glen Cove, NY 11542

Telephone: 888-692-1540
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Chiariello & Chiariello
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Forest Hills, NY 11375

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