Buffalo personal injury accidents involving automobiles require that the injured party prove that he or she suffered a “serious injury” as that termed is defined under New York State No Fault Insurance law. While there are several categories that an injury may fit under to meet the threshold of being a “serious injury,” one of the vaguer categories is a finding that the victim suffered a “significant disfigurement.”
Unlike the other categories of serious injury, New York courts have generally ruled that what constitutes a significant disfigurement is not a medical determination requiring the expertise of a doctor or other medical provider. Instead, whether an injury constitutes a significant disfigurement is based on how a “reasonable person” would react upon seeing the scar or other visible injury.
An injury is considered disfiguring if it alters a person’s natural appearance for the worse. It is only considered significant, however, if a reasonable person viewing the alteration caused by the disfigurement would regard the condition as unattractive, objectionable, or as the object of pity or scorn.
Whether a disfigurement is significant will usually be determined by a jury. Important factors in making this determination usually include its location, size and visibility. Also, juries generally tend to evaluate disfiguring injuries to women as more serious than similar injuries to men.
If you have suffered a serious injury and need help, please feel free to call us at 716-542-5444.
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