New York State’s No Fault law sets forth several categories that define a “serious injury.” One of these categories of injury must be proven to successfully pursue a Buffalo personal injury lawsuit involving a motor vehicle accident.
One of the primary purposes of the No Fault law is to eliminate unnecessary or unfounded lawsuits. As a result, when a personal injury is the result of a motor vehicle accident, it is not enough to have a complaint of pain and documentation of physical limitations. The plaintiff must also be able to provide objective medical evidence of injury.
Objective medical evidence includes any testing or examination of the injured party that renders a result that is not influenced by the victim’s subjective complaints of pain. Typical objective medical evidence includes radiological examinations – such as x-rays or MRI tests – physical signs of injury outside of the control of the victim (cuts, tears, contusions, etc.), and uncontrolled physical responses to testing, such as muscle spasms.
If you have been in a motor vehicle accident and have any questions, we would be happy to help you. Please feel free to call us at 716-542-5444.
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