What amounts to a serious injury under the no-fault law has been the source of much debate and litigation. As a starting point, the no-fault law itself describes certain types of injuries that automatically qualify as serious injuries, such as broken bones, dismemberment, and death. There are several other categories of serious injury defined by the no-fault law. For these other categories, specific types of medical evidence is needed to establish that the injuries resulted in, for example, a significant limitation of use of body function or system, or that the injuries prevented the person from performing substantially all of their usual daily activities for at least 90 out of the 180 days immediately after the accident. Thus an injured person seeking recovery for pain and suffering must prove first that the driver who caused the accident was negligent, and then that he or she sustained a “serious injury” as a result of that accident.
At the Law Firm of Weiser & Associates, we work closely with experienced medical professionals in order to properly document our clients’ injuries so that full compensation may be provided. In this way our auto accident lawyers have obtained maximum damages for accident victims throughout the Bronx, Brooklyn, Staten Island, and surrounding areas of New York.