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 For anyone familiar with New York Insurance Law, you'll notice something is missing. What's gone is the avenue for meeting the threshold for serious physical injury on the basis of 90 days of disability stemming from an accident. Read more about why it is more difficult for an injury victim to pursue their rights in court. The reasoning behind the threshold is to screen out superficial injury cases from the court system. However, recent legislative changes have created debate between plaintiff interests and insurance interests.
▪ 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 For anyone familiar with New York Insurance Law, you'll notice something is missing. What's gone is the avenue for meeting the threshold for serious physical injury on the basis of 90 days of disability stemming from an accident. Read more about why it is more difficult for an injury victim to pursue their rights in court. The reasoning behind the threshold is to screen out superficial injury cases from the court system. However, recent legislative changes have created debate between plaintiff interests and insurance interests.