When someone suffers a personal injury in a Buffalo motor vehicle accident, New York State has special requirements that must be met before that person can sue. One of these requirements is that the person not only have suffered an injury, but that the injury meets the standard to be considered a “serious injury” under New York State law. To be considered a serious injury, the injury must fit into one of the following categories:
- death;
- dismemberment;
- significant disfigurement;
- a 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;
- a medically determined injury or impairment of a non-permanent nature which prevents an injured person from performing substantially all of the material acts which constitute that 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.
While some of these categories, such as a fracture or death, are easy to prove when they occur, the categories that use terms such as a “significant limitation” or “permanent consequential limitation” are much more open to interpretation. This is why it is important to have an experienced personal injury lawyer who knows the law surrounding these definitions when suing your case.
If you have been injured in a car accident, we can help you. Call us at (716) 332-7106.
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