How Can A Doctor Prove The Degree Of My Injury?

by Friedman & Ranzenhofer, PC on December 12, 2011

in Buffalo Car Accidents

Under New York State law, all Buffalo motor vehicle accident lawsuits require the injured person to prove that he or she suffered a “serious injury” before damages can be recovered.  The law defines several different categories of what may constitute a serious injury.  While some categories – a fracture or dismemberment, for example – are straightforward and easy to prove, other categories – such as a significant limitation of use of the injured part or a permanent consequential limitation – are more ambiguous and require proof of the degree of injury.

To meet the serious injury threshold under one of these categories, the injured party must be able to establish (1) objective evidence that an injury occurred and (2) the degree of limitation.  Objective evidence of injury generally consists of physical evidence, such as CT scans or a doctor’s direct observation of trauma.  Without objective evidence, a serious injury under these categories cannot be proven.

New Yorkcourts have ruled that the second prong of this test – degree of limitation – may be established in two ways.  One way is for proof to be submitted of testing performed by a medical professional that establishes a limitation.  For example, a test may show a decreased ability to move a body part.  Limitation may also be proven through a description of the degree to which the injured person’s day to day living is impacted by the injury.  For example, a medical provider may find that someone should not lift as much, should not work with their arms overhead, or cannot sit for extended periods of time.  If the impact on daily living is found to be great enough, these factors may also be sufficient to establish a serious injury.

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