Scott C. Gottlieb, Injury Law Attorney

Only accidents which result in a serious physical injury entitle the accident victim to compensation for pain and suffering. The NYS Insurance Law defines a serious physical injury as any one of the following:

· Death

· Dismemberment

· Significant Disfigurement

· One or More Fractures

· Loss of a Fetus

· Permanent Loss of Use of a Body Organ or Member

· Permanent Consequential Limitation of Use of a Body Organ or Member

· Significant Limitation of Use of a Body Function or System

· A Medically Determined Injury or Impairment of a Non-Permanent Nature which Prevents the Injured Person from Performing all of the Material Acts which Constitute such Person’s Usual and Customary Daily Activities for not Less than 90 Days During the 180 days Immediately Following the Occurrence of the Injury or Impairment


These definitions can be difficult to understand and often require the assistance of an attorney in order to determine whether the accident victim qualifies as having suffered a serious physical injury. It is best to consult with an attorney soon after the accident occurs in order to make certain that your treating doctor is properly documenting your diagnosis, symptoms and prognosis.

Labels: accidents, general, injury