Why Most Rochester Car Accident Victims Fail to Sue for Damages

The serious injury threshold acts as a legal gatekeeper, forcing victims to meet specific criteria before they can pursue a personal injury claim. While bone fractures, significant disfigurement, and permanent loss of body function typically qualify, soft tissue injuries to the neck, back, and shoulder face intense scrutiny. Insurance companies frequently argue that such pain is not objectively proven, challenging victims who lack consistent medical records or structural damage evidence from MRIs.

Wright highlights the 90/180 rule as a critical, often overlooked path for recovery. Under this provision, victims may qualify if an injury prevents them from performing daily activities for at least 90 of the first 180 days following a collision, even if they eventually recover. Because fault alone does not grant the right to sue, Wright urges victims to seek immediate medical treatment and document every aspect of their recovery. Waiting to see if pain subsides often creates a gap in medical evidence that can permanently disqualify an otherwise valid claim.