- In New York, the definition for serious injury includes death, dismemberment, significant disfigurement, a fracture, loss of a fetus, a permanent consequential limitation of use of a part of the body, a significant limitation of use of a body function, or an injury that prevents you from performing your usual activities for at least 90 days in the 180 days after the accident.
- If you do not prove a serious injury, you will lose your case.
- If you can prove a serious injury, you are entitled to recovery if it’s caused by the negligence of the other driver.