Proving A “Serious Injury” In A Buffalo Car Accident Lawsuit.

April 12, 2013

While all Buffalo personal injury cases require proof an injury, simply proving injury is not enough in car accidents.   For motor vehicle accidents, New York State law requires that proof of a “serious injury” before a case can succeed.

To be a “serious injury,” an injury must fit into one of the following categories:

  1. death;
  2. dismemberment;
  3. significant disfigurement;
  4. fracture;
  5. loss of a fetus;
  6. permanent loss of use of a body organ, member, function or system;
  7. permanent consequential limitation of use of a body organ or member;
  8. significant limitation of use of a body function or system;
  9. a medically determined injury or impairment of a non-permanent nature which prevents an injured person from performing substantially all of the material acts which constitute that person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

While some of these types of personal injury, such as fractures or dismemberment, are easily proven when pursuing a personal injury claim, categories involving issues such as a “significant limitation” can be vague and more difficult to establish.  If you have suffered a personal injury in a car accident, you should document the limitations your injuries place on you and share this information with a personal injury attorney who can help you determine if you have suffered a “serious injury” under the law.

We are experienced Buffalo personal injury attorneys and would be happy to help you determine if you have suffered a “serious injury” in a car accident.  We can be reached at 716-400-0000 with any questions.