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The most frequently asked question a person injured in a motor vehicle accident wants to know is under the No Fault law can I make a valid claim for my personal injuries, pain and suffering? For motor vehicle accidents in New York State they can sustain a claim for personal injuries if they have suffered a “Serious Injury” in one or more of nine categories as defined by Insurance Law 5102(d):

  • death
  • dismemberment
  • significant disfigurement
  • 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
  • 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 ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

Most motor vehicle cases deal with the last three categories of serious injury and concern cases where plaintiffs have suffered injuries to their spine, shoulders, and knees, so called “soft-tissue” injuries.

That it is very important to have a very experienced personal injury lawyer . Please call us for an appointment for a free consultation. Our attorney hot line is 472-4444 and you will speak to an attorney 24 hours a day, 7 days a week. Let us help you get through this painful process.