After a car accident, losing consciousness can be a harrowing experience and a sign of serious injury. As victims begin the recovery process, many wonder whether the loss of consciousness will give them an opportunity to go beyond no-fault benefits and claim additional compensation. Under New York law, not every injury automatically qualifies you for a lawsuit, and whether or not you qualify can largely depend on a doctor’s opinion. As such, proving the relevant requirements is not always straightforward. In this post, Gabriel Law will take on the role of a car accident lawyer in Brooklyn and explain whether loss of consciousness can qualify as a serious injury, what evidence you need, and more.
What does loss of consciousness mean medically?
In medical terms, loss of consciousness (LOC) in a car accident is an immediate red flag. This is because it is an indication that your brain has experienced a significant and disruptive impact, potentially a traumatic brain injury (TBI). LOC, even for a few seconds, indicates that the brain’s normal functioning was temporarily disrupted.
Can loss of consciousness qualify as a serious injury?
In New York, the serious injury threshold is a legal standard that, if fulfilled, allows victims to step outside the no-fault system and claim compensation for non-economic damages such as pain and suffering caused by the accident. You will satisfy the legal threshold when you show that you’ve suffered one or more “serious injuries” as defined in Section 5102 (d) of New York Insurance Law.
As such, momentary LOC might not automatically qualify as a serious injury. However, if you can prove that the LOC was the result of a traumatic brain injury or concussion, then it can be considered a serious injury. Such a situation can be recognised under a permanent or consequential limitation, or under the 90/180-day rule.
What evidence do you need to prove your claim?
The following evidence can be presented during the negotiations or trial to prove your serious injury claim:
- Medical evidence – Hospital records, diagnosis tests (CT scans, MRIs), and prescriptions can be used to show the extent and severity of the injury that caused the LOC.
- Expert testimony – Written or oral testimony from medical professionals can be used to establish a connection between the injury and LOC.
- Photographs and videos of the accident – These can be presented to show how the accident occurred and its aftermath. It can be used to show how likely it is for the LOC to happen.
What compensation can you recover?
If you can prove that the LOC was the result of a serious injury, you can claim compensation for both economic and non-economic losses. The economic losses you can claim include medical bills, lost income, other related expenses, and sometimes, even damage to property. On the other hand, non-economic damages claimed can include pain and suffering, emotional distress, loss of consortium, and the loss of enjoyment of life.
How can a car accident lawyer in New York help?
When you want to piece together the timeline of events and prove that you deserve the compensation that you claim, you call a car accident lawyer in Manhattan. That is because your lawyer can:
- Look at the facts and explain your legal options.
- Set your expectations on compensation.
- Work with experts to determine whether the injuries are “serious injuries”.
- Collect evidence and build a strong and compelling case.
- Determine a value for the damages suffered and take steps to maximise the compensation.
- Handle all the documentation and make timely submissions before deadlines.
- Negotiate with insurance companies to achieve a fair settlement.
- Represent you in court and fight for your case
Conclusion
Loss of consciousness after a car accident should never be taken lightly. While it can be a strong warning sign of a serious injury, it does not necessarily guarantee that you fulfill New York’s serious injury threshold. If you want to pursue compensation beyond the no-fault system, then you need to gather evidence and build a compelling case. To do all that and more, you need an experienced car accident lawyer in NYC.
If you’ve been injured in a car accident and want to claim the compensation that is rightfully yours, then Gabriel Law can help. Contact our team today and schedule your free and confidential consultation. We can evaluate your case, explain your legal options, and guide you to secure the compensation you deserve.
