Following a Buffalo personal injury car accident, an injured party must establish that he or she suffered a “serious injury” to successfully sue for damages. What constitutes a “serious injury” is defined in Article 51 of the New York State Insurance Law. The requirement that the injured party prove “serious injury” only applies to automobile accidents. It is not an issue in other types of personal injury lawsuits.
There are several different categories of serious injury, one of which is “a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such 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.” This category is why the defense is frequently very interested in what the injured party could or could not do for the first three to six months following an automobile accident.
If a person is unable to perform most of his or her usual activities for at least 90 days during the first six months following an accident, he or she will be considered to have suffered a serious injury and may sue for damages. While what constitutes “substantially all” of the person’s normal activities must be decided on a case by case basis, areas usually considered include the ability to work, perform normal household chores, drive, and care for children.
If you have been involved in an auto accident and have any questions, we would be happy to help you. Please call us at 716-542-5444.
{ 0 comments… add one now }