When a Buffalo resident is involved in a car accident and wishes to pursue damages against another party, New York State Law requires that their injury fall within one of several categories deemed serious enough to warrant bringing a personal injury lawsuit. One of those categories is a “significant limitation of use of a body function or system.”
What actually falls within this category is a highly disputed area of personal injury law that is frequently refined by the courts. Generally, the New York State Court of Appeals has determined that proof a significant limitation requires (1) objective medical evidence and (2) a qualitative or quantitative assessment of the degree of limitation.
Objective medical evidence may include medical tests such as x-rays, MRI examinations, etc., that reveal some injury to the body part in question. This requirement is necessary to weed out cases based solely on the plaintiff’s claim of pain in a certain body area without additional proof of actual injury.
If there is objective medical evidence, the degree of limitation may be assessed in one of two ways: either qualitatively or quantitatively. Quantitative assessments consist of actual measurements taken by a medical provider which compare the current use of the body system to normal use – such as a determination that a person has lost 25% of the range of motion in his or her neck. Qualitative assessments consist of a comparison of the plaintiff’s condition to normal functioning, such as a decreased ability to lift heavy objects, sit for long periods of time, etc.
If you have suffered a personal injury in an auto accident and have any questions, we would be happy to help you. Please call us at 716-542-5444.
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