To sue for damages beyond property damages resulting from an automobile accident in Buffalo, Erie County or elsewhere in New York State, the injured party must prove that he or she has suffered a “serious injury.” For personal injury accidents involving an automobile, New York State Insurance Law provides the following types of personal injuries that are considered “serious injuries”:
- death;
- dismemberment;
- significant disfigurement;
- a fracture;
- loss of a fetus;
- permanent loss of use of a body organ, member, function or sysem;
- 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.
Some of these types of injuries, fractures or dismemberment, for example, are easy to prove when suing in a personal injury case. Other categories, however, are more difficult to establish. If injured in a car accident, you should document all of the limitations your injuries place on you and be prepared to share this information with a personal injury attorney who can help you determine if you have suffered a “serious injury” under the law.
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