Medical Coverage for Back Injuries Due to Car Accidents

Deciding whether or not to get back surgery for a car accident injury depends on various factors. Of course the main factor is whether the surgery is necessary and will help you recover from the injury. However, financial considerations often come into play. How will you pay for the surgery?

Negligence and No-Fault Insurance in New York

New York is a no-fault insurance state, which means that regardless of who was responsible for causing the accident, your insurance will pay costs up to a certain limit. New York no-fault insurance covers up to “$50,000 for bodily injury (not resulting in death) sustained by two or more persons in any one accident.”

When someone else’s negligence caused the accident, unless injuries meet the NY State insurance law’s definition of the serious injury threshold, you cannot sue the other party for damages.

Also, based on New York’s contributory negligence law, if your actions contributed to causing the accident, the amount of damages you can recover will be reduced. For example, if the court decides that your percentage of fault is 20% and the other party’s percentage of fault is 80%, then you could only recover 80% of the compensation for damages.

Why Is Having an Experienced Attorney a Good Idea?

Are financial considerations affecting your decision whether or not to go through surgery? Consulting with an experienced attorney can provide an idea of whether you have a case and what amount of compensation you might potentially recover. Attorneys take accident cases based on contingency. Contingency means that the attorney only gets paid if you recover through verdict or settlement.

At Sackstein, Sackstein & Lee, LLP, our attorneys have decades of experience advising clients and handling accident cases. We offer a free evaluation to determine whether grounds exist for a lawsuit.