A serious injury can range in various types of injuries, from soft tissue to permanent disability. In extreme cases, a serious injury can result in death. What constitutes a serious injury in New York? What is the threshold?

The "Serious Injury" requirement was established by the New York State Legislature as part of the No-Fault Law to restrict the kinds of injuries that can be taken to court as part of a personal injury lawsuit. Regardless of the blatant negligence on the part of a defendant, a personal injury lawsuit will be dismissed if an injury does not meet the "Serious Injury" requirement.

If you believe you have suffered a "serious injury", as defined by New York Law, we suggest you seek legal help from an experienced NY personal injury attorney. Our team at Brandon J. Broderick, Attorney at Law is here to help.

To learn more about what constitutes a serious injury and why you should hire a lawyer, continue reading.

What is "Serious Injury" Under New York No-Fault Law?

According to Section 5104(a) of the New York Insurance Law, a plaintiff who wants to pursue a successful personal injury claim following a car accident must prove that either they have suffered a "basic economic loss" of more than $50,000, or a "serious injury" as defined in Section 5102(d), which says the following injuries are considered "serious injuries":

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of a body organ or member
• Significant limitation of the use of a body function or system
• Non-permanent medically-determined injury or impairment that prevents an injured person from performing substantially all of their usual and customary daily activities for not less than 90 of the 180 consecutive days immediately following an accident

Some injuries are more complex, while some are straightforward and simple to determine. A whiplash injury may not be a life-threatening injury, for example, but may be determined to be "serious".

Whiplash may meet the definition of a "serious injury" in some situations since it can result in long-term disabilities and impair one's capacity to work. It is important to comprehend what the state's legal definition of a serious injury is. "Serious" injuries are those that keep a person from working or taking part in regular activities.

It may be hard to understand just how difficult it is to prove that you have suffered a "Serious Injury" under the No-Fault Law. In order to ensure that your injuries are accurately recorded, properly treated, and the appropriate medical evidence is obtained for your case, you should always consult with a knowledgeable attorney before filing a lawsuit. This will allow you to be sure that you will receive the highest possible settlement, and whether or not your injuries qualify as "Serious Injury" under the No-Fault Law.

How to Prove a Serious Injury Case

There are no predetermined steps to take to prove a serious injury in a New York car accident case. The injuries must meet the criteria for a "serious injury" as defined by Section 5102(d) of the New York Insurance Law, which must be presented in the correct format. In addition to looking at the injuries, doctors must also offer quantitative proof to back up their claims. The facts of your case will determine the validity of your case, which can be unique.

Even though the process of proving a case for a major injury in a New York vehicle accident can be time-consuming, gathering all medical records that support the claim is one of the most important steps in making it more appealing to jurors. Be aware that defense lawyers for the defendant will work to refute the claim that the accident led to a serious injury. Therefore, it's important to gather as many medical records as you can that detail the accident-related treatment and recovery.

New York's 90/180 Day Rule

If you are injured in a motor vehicle accident, New York no-fault insurance might not be enough money to cover your losses. However, if you've suffered a "serious injury," you can sue the negligent driver. The 90/180-day guideline is one way to meet the requirements for a "serious injury" under the law.

A person is considered handicapped if they are unable to perform all of their normal daily activities for at least 90 of the first 180 days following the accident. Proving this into practice can be challenging. Your 90/180 claim will be successful if you can prove to the judge or jury that your condition has prevented you from performing "substantially all" of your usual activities. This shows that your injury has significantly altered and interrupted your life.

"Serious injury" is most likely warranted by your condition if a doctor advises that you stay home from work for several months. However, if you just require help with a few chores during the day, this is unlikely to meet the "substantially all" requirements.

Consult With Our Attorneys For Help With Your Claim

If you have been hurt in a car accident, we recommend that you call our office immediately to speak with one of our experienced NY car accident lawyers. We can help make you aware of your legal options, whether you have a personal injury case, and if you are considered the victim of a "serious injury".

We have offices in Connecticut, New York, and New Jersey.  We have years of expertise fighting for our clients' rights and getting justice.

Get a free consultation by contacting us today.