In order to receive compensation for pain and suffering from a motor vehicle accident in New York, must prove that you suffered a serious injury under New York law, which must be one of the following personal injuries that result in:
- Death;
- Dismemberment;
- Significant disfigurement;
- A 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; or,
- A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of 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