In New York State, in order to make a claim against another driver, one of the elements that you will need to prove is that you have met the serious injury threshold. New York Insurance Law Section 5102(d) defines serious injury in nine categories. Therefore, you must satisfy at least one of the nine serious injury standards before you can pursue a lawsuit. Accordingly, you will have met the serious injury standard if you sustain a personal injury that results in:
Consequently, the serious injury threshold makes it more difficult for you to file a claim for additional damages beyond No-Fault. It is obvious that Legislature intended to keep what they consider to be minor personal injury cases out of Court. Therefore, it is important for you to have an attorney that will fight hard to protect your right to be compensated for your injuries.