NY Insurance Law Defines 'Serious Injury' Via 90/180-Day Rule
New York's Insurance Law includes a 90/180-day rule to determine if an accident victim suffered a serious injury that impedes their daily activities.
K L Sanchez Law Office, P.C. is clarifying New York's Insurance Law 90/180-day rule, one of the categories under state law that defines a "serious injury." This rule can allow an accident victim to pursue damages for pain and suffering if an injury has significantly disrupted their usual daily activities in the months following an accident.
The rule requires a medically determined injury that has prevented a person from performing substantially all of their customary daily activities for at least 90 of the 180 days immediately following the accident. Applying this rule necessitates medical proof of functional limitations and proper documentation of care.
Queens-based personal injury attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. assists accident victims in evaluating whether their medical records and daily activity limitations may support a serious injury claim under the 90/180-day rule. The firm emphasizes the importance of accurate and timely documentation to protect claims.
New York case law has clarified that limiting "substantially all" activities means a significant curtailment, not just a minor disruption. Attorneys note the key is comparing an individual's capabilities before and after the accident, with claims needing to be supported by medical evidence linking the injury to specific limitations.