Serious Injury Threshold in Personal Injury Cases

On June 14, 2014, in Personal Injury, by John A. Weber IV, ESQ.

Often times in Personal Injury cases, the injury itself becomes an issue.  Not all injuries are sufficiently damaging to be considered “serious” under New York Insurance Law, section 5102(d).   The facts of each particular case will determine whether or not each claimed injury meets the threshold of a “serious injury” under this statute.  In order to cross the threshold and satisfy the statute, the nature of the injury itself must be a “permanent consequential limitation of use of a body  organ or member” or “significant limitation of use of a body function or system.”   These standards were interpreted by the Court in Toure v. Avis Rent a Car Systems, Inc., 98 N.Y.2d 345, 350, 746 N.Y.S.2d 865 (2002) and later strengthened by the Courts in Perl v. Meher, 18 N.Y.3d 208, 936 N.Y.S.2d 655 (2011) and Adler v. Bayer, 77 A.D.3d 692, 909 N.Y.S.2d 526 (2d Dep’t 2010).  Patrick Higgins, Esq. discusses the significance of these cases in great detail in The Plaintiff’s Personal Injury Action in New York State.

Understanding the categories of injuries and the way in which the law views each type of injury can be a daunting task.  It is in your best interest to consult with an attorney to help clarify any questions you may have about whether or not your injury will pass the threshold of a “serious injury” under New York Insurance Law, section 5102(d).

Just for informational purposes; there also exists a 90/180 rule.  This rule includes injuries that cause an injured victim to miss 90 out of 180 days from work.  This particular post is not directed towards explaining this category but it is important to be aware of.

As always, if you need assistance with any aspect of your Personal Injury case, including threshold questions, please call (516) 858-2620 to speak to a Personal Injury attorney today!

 

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