New York Car Accident Lawyer Blog
Under New York law, “serious injuries” are defined under Insurance Law § 5102(d) as injuries resulting in specific, significant harm. These include death, dismemberment, significant disfigurement, fractures, loss of a fetus, permanent loss or limitation of use of a body organ or system, or medically determined injuries impairing daily activities for at least 90 days within 180 days post-accident. This definition determines whether a plaintiff can pursue damages beyond basic economic losses in motor vehicle accident cases.
In Pommells v. Perez the Court of Appeals examined New York’s No-Fault Law and its “serious injury” in the context of personal injury claims arising from a car accident. The case demonstrates the challenges of proving serious injuries under the law, particularly when gaps in treatment or preexisting conditions are involved.
Background Facts