QUESTION
Do I have legal rights to sue for pain and suffering?
Asked on Aug 07th, 2015 on Automobile Accidents - New York
More details to this question:
Involved a bus accident. Only passenger on bus. Driver was under the influence and playing loud music. Totaled a 4 door car on the left side. I do not have serious injury except for whiplash being that I was sitting in the front area of the bus.
1 ANSWER
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of course you have the right to sue for pain and suffering, but you should know that under NYS law, you only have a viable claim if you have sustained a "serious injury", which thankfully, you did not. Under the law, a "serious injury" is one that involves a fracture, a dislocation, or any soft tissue injury that necessitates surgery and/or prevents you from doing your normal job/activities for 90 days out of 180 following the accident. Feel free to call us for more information.
Michael Barasch
212-385-8000
Answered on Aug 10th, 2015 at 3:22 PM