Sustaining "Personal Injury"... How is that defined? New York Insurance Law Definition of a "Serious Injury"
If someone is injured in a car accident in New York State, they can usually sue. However, they must meet a threshold for a "serious injury." This "serious injury" threshold is defined under New York Insurance Law 5201(d). Under this insurance law, the accident victim (or the family) must demonstrate that they suffered at least one of the elements outlined in this list:
▪ dismemberment▪ significant disfigurement▪ fracture▪ loss of a fetus▪ permanent loss of use of a body organ, member, function or system▪ permanent consequential limitation of use of a body organ or member▪ significant limitation of use of a body function or system▪ 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
The reason such a threshold is applied is to screen out superficial injury cases from the court system.
▪ dismemberment▪ significant disfigurement▪ fracture▪ loss of a fetus▪ permanent loss of use of a body organ, member, function or system▪ permanent consequential limitation of use of a body organ or member▪ significant limitation of use of a body function or system▪ 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
The reason such a threshold is applied is to screen out superficial injury cases from the court system.