We are often asked by our clients if they have a “good case.” Our response generally involves three components; (1.) Whose fault is the accident?; (2.) Did the other driver have adequate insurance, or the client have sufficient underinsurance; (3.) Do the injuries meet the threshold. I would like to focus on the third component of a good case, namely “threshold.” New York State law has set forth nine (9) different categories of cases that qualify as a serious injury that would allow a person to successfully pursue a personal injury lawsuit. One of the categories is easy, that is you suffer a fracture. So, if you are in an accident and suffer a fracture, your injury qualifies as a “serious injury”under the law. The more difficult cases are those involving a soft tissue injury. In these cases, there must be causal connection between the injury and the accident, a diagnostic test confirming the injury, and some impact upon a person’s life. This means that if you have a soft tissue injury and go back to your usual daily activities right away, the chances of having a successful personal injury case are reduced. Usually the best indicator of a good soft tissue case is the significance of the injury on a person’s life after a period of time has passed.
