Kenneth E. Pitcoff and Andrea M. Alonso 'Serious Injury' Update
Recent cases are confirming a new trend in no-fault law involving serious injury claims under the significant disfigurement, fracture, significant limitation, gap in treatment, preexisting conditions/previous accidents, and 90/180-day categories. Courts are scrutinizing claims and are inclined to dispose of them when the plaintiffs fail to provide objective evidence in admissible form.
August 30, 2021 at 11:30 AM
11 minute read
The already congested courts are making efforts to significantly reduce the number of automobile personal injury cases in litigation. The First and Second Departments are strictly adhering to the legislative intent of §5102(d) by routinely dismissing cases where the plaintiffs fail to establish the required evidence to demonstrate that a serious injury exists.
Significant Disfigurement
An injury becomes a significant disfigurement when a reasonable person viewing the person's body in its altered state would regard the condition as objectionable or as the object of pity or scorn. N.Y. Pattern Jury Instr.-Civil 2:88B.
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