What Does New York Consider a Serious Injury?
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One of the key points of a personal injury case is showing that you have sustained serious injury and will be unable to work for a period of time while you recover. In some cases, it even involves showing that you will never be able to work again. But what constitutes a “serious injury” in the state of New York? It’s vital that you understand the legal definition of this term before you get to court.
You Cannot Perform Basic Daily Activities
If a medical expert has determined that your injuries are not permanent, but that they do prevent you from performing any of your normal daily activities for at least 90 days following the injury, that injury is classified as serious. This means the injury prevents you from doing your job and may even make it difficult or impossible for you to do daily activities such as showering or preparing meals without assistance. In short, you’re hurt enough that you need help to get around and do daily tasks for at least three months.
Permanent Loss or Limitation of Limb or Bodily Function
If you have lost any part of your body or if an organ has been permanently damaged, it counts as a serious injury. This includes function. For example, if something has happened that has caused you to permanently lose sight in one of your eyes, you have incurred a serious injury because that has significantly limited the use of your vision, even if you didn’t actually lose an eye. If you are exposed to something in the air that permanently decreases your lungs capability to function, it’s also classified as a serious injury.
You don’t have to lose an arm or a leg to be considered seriously injured. Having a bone fractured is enough to receive that designation.
There are a number of other qualifications for a serious injury, including significant disfigurement and losing a fetus due to the injuries you’ve received. If you have been injured and want more information on pursuing a personal injury claim, the law offices of Held & Hines, LLP, are here to help. Contact us today to discuss your situation.