Serious Injuries Update
Using case law, the authors discuss the requirements bringing a lawsuit under Insurance Law §5102(d).
September 30, 2024 at 11:00 AM
19 minute read
In order to bring a lawsuit under Insurance Law §5102(d), a plaintiff must demonstrate they sustained a "serious injury," meaning a personal injury which results in "death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than 90 days during the one hundred eighty days immediately following the occurrence of the injury or impairment."
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