What Meets New York’s Serious Injury Threshold in Car Accident Cases?

Motorists in New York must carry liability insurance, which applies when they are at fault for a crash, and no-fault personal injury protection (PIP), which covers the insured driver and their passengers. Typically, those hurt in major motor vehicle collisions cover their initial losses with their own no-fault PIP coverage. No-fault coverage can pay for basic medical expenses and other injury-related losses, including lost income — regardless of who is actually at fault for the crash. 

Injured victims have the right to bring a personal injury lawsuit against an at-fault driver only if their losses meet certain statutory standards. They generally need to prove that they have either sustained economic losses exceeding $50,000 or have sustained a “serious injury.”

A New York state statute defines a “serious injury” as one that results in any of the following: 

• 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 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 90 days during the 180 days immediately following the occurrence of the injury or impairment.

If the victim dies of their injuries, their spouse, children or parents or the personal representative of their estate may pursue a wrongful death suit to recover damages.

Medical records and other kinds of documentation play a critical role in a personal injury lawsuit, and especially in motor vehicle collision cases where plaintiffs must prove that their injuries meet the statutory definition of “serious.” Employment records, too, may help demonstrate the impact of a serious injury on someone’s life, as might personal testimony and eyewitness statements.

Gathering evidence and pursuing a personal injury lawsuit can be a challenge for those already struggling to manage the practical and financial implications of their injuries. The guidance of a New York auto accident attorney can be beneficial for those injured in wrecks caused by other drivers.

At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York, we represent people injured in car accidents throughout Long Island. To schedule a free initial consultation, call us at 631-360-0400 or contact us online.