To pursue a Buffalo motor vehicle accident lawsuit, the injury to the victim must fit within one of the categories set forth in New York State’s No-Fault Law. The purpose of the No-Fault Law is to eliminate claims for insignificant injuries or frivolous claims. One of the No-Fault Law injury categories is a “significant limitation of use of a body function or system.”
For an injury to fit within this category requires proof that the limitation complained of is actually “significant.” While people may have different ideas regarding what degree of injury is necessary for it to be significant, the Court of Appeals has offered some guidelines to help in the evaluation of this category.
To prove the extent or degree of physical limitation, a medical expert’s designation of a numeric percentage of a plaintiff’s loss of range of motion can be used. A medical expert’s qualitative assessment of a plaintiff’s condition also may suffice, provided that the evaluation has an objective basis and compares the plaintiff’s limitations to the normal function, purpose and use of the affected body organ, member, function or system. A qualitative assessment in a personal injury lawsuit may include a description of how the injury has impacted the plaintiff’s ability to perform normal activities, such as standing, sitting, driving, lifting, etc., as compared to an uninjured person.
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