New York No Fault Serious Injury

New York Serious Injury Requirements under No Fault Law

What is a serious injury and what injuries qualify?

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Commonly known as the no fault threshold or the serious injury requirement, it is the requirement that you must meet in order to pursue a lawsuit against a negligent driver. Under New York Law, an injured car driver who seeks to recover damages for pain and suffering and other non-economic damages, must first prove that he or she sustained a “serious injury” as defined by Insurance Law §5102 (d). New York Insurance Law § 5102(d) defines what a serious injury is:

“Serious injury” means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system, or 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 that ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

The definition of what injuries qualify for the 5102 threshold are a frequent source of litigation in New York. At the Snyder Law Firm we will help prove that your injury meets the serious injury threshold and obtain compensation for your pain and suffering to help get you back on your feet and to recover what you deserve for your injuries.

Just because you do not have a broken bone, doesn’t mean that you have not been seriously injured. Call the Snyder Law Firm today at (315)451-3040 to talk to a lawyer and to find out if your injury meets the serious injury threshold. Or fill out our online form.

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