The “Serious Injury” Requirement

A lot of people are likely unaware that in order to bring a lawsuit for injuries, pain and suffering arising out of an automobile accident, New York law requires you to prove that you sustained a “serious injury”. A “serious injury” is defined as:

1. Death;
2. Dismemberment;
3. Significant disfigurement;
4. Fracture;
5. Loss of a fetus;
6. Permanent loss of use of a body organ, member, function or system;
7. Permanent consequential limitation of use of a body organ or member;
8. Significant limitation of use of a body function or system;
9. Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
   

Based upon these categories, minor injuries such as bruises, strains and sprains generally do not qualify as serious injuries under the law but you should always speak with an attorney to ensure you get appropriate information and guidance. Often what appears to be a simple strain turns into something more serious with further testing so you should call Chiariello & Chiariello promptly to discuss your situation. Drive carefully!

Posted in Personal Injury | No Comments »