New York Insurance Law Details 9 "Serious Injury" Categories

New York’s Insurance Law § 5102(d) specifies nine categories of injuries that qualify as a "serious injury" for the purpose of seeking pain and suffering damages following a car accident. The state's no-fault system generally bars such claims unless an injury meets this heightened threshold.

Attorneys at K L Sanchez Law Office, P.C., including Keetick L. Sanchez, assist accident victims in determining if their injuries meet these legal criteria. Common qualifying injuries often involve fractures, permanent limitations, and significant disfigurement, which may allow for a lawsuit to proceed.

New York's no-fault system covers medical expenses and a portion of lost earnings regardless of fault. However, it does not compensate for pain, suffering, or emotional distress. Meeting the definition of a serious injury is necessary to pursue these additional damages from the at-fault party.

The law lists nine categories that permit a lawsuit. These include, for example, fractures, permanent or significant limitations of body function, significant disfigurement, permanent loss of use, death, and loss of a fetus. Additionally, a 90/180-day rule applies to temporary but substantially disabling injuries.