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What is the Serious Injury Threshold?

Serious injury is a term used in personal injury law to describe an injury that has a significant impact on
the victim’s life. In New York, the serious injury threshold is a legal requirement. You must prove serious
injury occurred before compensation can be obtained.

Under New York law, a serious injury must meet certain criteria. A serious injury is perceived as
permanent loss or impairment, permanent limited use of an organ or member, significant limitation of a
body function or system, fracture, dismemberment, substantial disfigurement, loss of a fetus, or death.

Serious injury doesn’t always have to be permanent. Any injury or impairment that prevents the injured
person from performing all usual daily activities for at least 90 days within the first 180 days
immediately following the accident may also be valid.

Meeting the serious injury threshold can be difficult as insurance companies and defense attorneys will
often dispute whether an injury is serious enough to meet the legal requirements. This is where having
an experienced personal injury attorney can make the difference.

Contact an experienced injury lawyer in New York

If you, or a loved one, have suffered a serious injury, contact The Licatesi Law Group today to schedule a
free consultation. Our firm has over 40 years of experience with personal injury cases, including cases
involving motor vehicle accidents, slip and falls, construction accidents, medical malpractice, and more.
Reach out to one of our experienced attorneys by calling (516) 227-2662.

Verdicts & Settlements

Over One Billion in Verdicts, Settlements and Awards for Our Clients

  • $8 Million

    Plaintiff sustained a series of fractures and other injuries to the right shin, heel and foot, requiring nailing of the right tibia with two proximal and two distal locking bolts, ultimately resulting in below-the-knee amputation

  • $3 Million

    Infant plaintiff sustained encephalopathy as result of DPT vaccination administered by NYC Health and Hospitals Corporation.

  • $1.7 Million

    Plaintiff was involved in a car accident resulting in multiple disc herniations requiring percutaneous fluoroscopic-guided epidural treatment and lumbar fusion laminectomy.

  • $1.3 Million

    47 year old male police officer injured as a result of surgical malpractice by an orthopedic surgeon resulting in an inability to work and permanent impairment of gait.

  • $2 Million Dollar

    Wrongful death case settled at the Appellate level, 44-year-old husband and father drowned while swimming in a municipal pool.

  • $899,940.10

    69 year old female with underlying osteoporosis and preexisting spinal degeneration awarded as a result of a motor vehicle accident causing an acute T12 fracture of her spine.

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