Understanding “Serious Injury” in New York Car Accident Cases

In New York, the term “serious injury” carries a very specific legal meaning in motor vehicle accident cases. Understanding this definition is critical if you are injured in a crash and want to pursue a personal injury claim beyond your No-Fault insurance benefits.

What Constitutes a Serious Injury?

According to New York law, a serious injury is defined as:

• Death resulting from the accident
• Dismemberment
• Significant disfigurement
• Fractures
• Loss of a fetus
• Permanent loss or use of a body organ, member, function, or system
• Permanent consequential limitation of a body organ or member
• Significant limitation of use of a body function or system
• A medically determined non-permanent injury that prevents you from performing substantially all of your usual daily activities for at least 90 days within the 180 days following the accident

These criteria are used by courts to determine whether a personal injury lawsuit can be pursued beyond No-Fault insurance claims.

Why the Serious Injury Threshold Matters

In New York, No-Fault insurance covers medical bills and lost wages regardless of fault, but its benefits are limited. To recover compensation for pain and suffering, long-term disability, or permanent injuries, your injuries must meet the serious injury threshold.

Courts are increasingly scrutinizing claims to ensure they meet these standards. For example, recent decisions have emphasized that mental health conditions like PTSD may also qualify if they substantially impair daily life. Learn more about how New York courts are getting serious about PTSD in car accident cases.

Seeking Legal Guidance Regarding a Serious Injury

Determining whether your injuries meet the legal standard for a serious injury can be complex. An experienced car accident lawyer or auto accident attorney in the Albany Area can evaluate your medical records, assess the long-term impact of your injuries, and help you pursue the compensation you deserve.

If you’ve suffered a serious injury in a motor vehicle accident in Albany, New York or the surrounding area, consulting with a knowledgeable personal injury lawyer is the first step to protecting your rights and understanding your legal options.