Do I have a “serious injury” under Section 5102 of the New York State Insurance Law?
In order to recover for pain and suffering stemming from a car accident, you must have a “serious injury” as defined by Section 5102. Certain injuries qualify automatically, such as broken bones, loss of a limb and death. Other categories require extensive medical evidence to establish that a body function or system is significantly limited, or that the an injury has prevented the person from performing substantially all of their usual daily activities for at least 90 out of the 180 days immediately after the accident. If you have been in an accident, contact us to discuss whether you have a sustained a legally compensable “serious injury.”.
In order to recover for pain and suffering stemming from a car accident, you must have a “serious injury” as defined by Section 5102. Certain injuries qualify automatically, such as broken bones, loss of a limb and death. Other categories require extensive medical evidence to establish that a body function or system is significantly limited, or that the an injury has prevented the person from performing substantially all of their usual daily activities for at least 90 out of the 180 days immediately after the accident. If you have been in an accident, contact us to discuss whether you have a sustained “serious injury” that qualifies for compensation.