Senator Thompson's Personal Injury Legislation: The Real Story

September 23, 2010 (Press-News.org) New York State Senator Antoine Thompson recently introduced legislation designed to widen the scope of what is considered a "serious injury" for purposes of bringing a personal injury claim. The law would be somewhat retroactive in nature, covering not just future claims, but any suits pending at the time of its passage. The timing of his proposal has been criticized by some, however, since it comes on the heels of his own personal injury lawsuit.

Timing is a Coincidence

In March of 2007, Senator Thompson was involved in an auto accident in which he suffered deep soft tissue damage to his rotator cuff and other injuries. He and his wife recently filed suit against the negligent driver and his employer, a trucking company. It was this incident - his injury and convalescence - that brought him to the realization that New York personal injury and insurance laws needed to be updated.

After introducing the legislation Thompson has faced detractors who argue that his motives are anything but altruistic. He has been accused of seeking changes in the law in order to increase his chances at a larger financial recovery in his own suit. He has vehemently denied allegations that he is acting to further his own interests; in fact, he has recently withdrawn his sponsorship of the legislation to prevent lawmakers from being distracted from the bill's underlying purpose.

The Law Must Change With the Times

New York's "no-fault" insurance system was adopted in the 1970s for the purpose of restraining the price of automobile insurance premiums. Since that time, medical science has made leaps and bounds toward a deeper understanding of the body's functionality. In the 1970s, for example, MRI technology was not yet available; doctors had no reliable way of properly diagnosing and assessing the real impact of soft tissue injuries without surgical intervention.

As technology has evolved, the law has remained stagnant. Thousands of injured people across New York and the nation do not necessarily receive the compensation they deserve for soft tissue and other internal injuries. These are serious injuries for those who have them, yet soft tissue injury has often been deemed relatively insignificant because the law has not kept pace with science. Thompson's legislation seeks to bridge the gap, opening wider the courthouse doors and the amount of compensation for injured victims.

If you've been injured in an accident, seek the advice of an experienced personal injury lawyer.

Article provided by Perecman & Fanning PLLC