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What qualifies as a "serious injury?"

Some injuries clearly meet this standard. Under New York's Insurance Law, any fracture qualifies. Death, dismemberment, significant disfigurement and loss of a fetus also qualify. More challenging to analyze and define are the other categories that constitute a "serious injury":

  • permanent loss of use of 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 90 days during the 180 days immediately following the occurrence of the injury or impairment