What is the test for proving a "serious injury" in a motor vehicle accident?
The following excerpt is from D'Avolio v. Dictaphone Corp., 822 F.2d 5 (2nd Cir. 1987):
Second, plaintiff may also demonstrate a "serious injury" if she establishes that: (a) there was a medically determined injury, (b) the impairment prevented the injured person from performing substantially all of the material acts of the person's customary daily activities, and (c) the incapacity lasted for at least 90 out of the first 180 days immediately following the injury. Stossel v. Fleyshmahker, 117 Misc.2d 454, 455, 458 N.Y.S.2d 484 (1983). While defendants correctly point out that the injury suffered must be "medically determined" to satisfy the last category of serious injuries listed in Sec. 5102(d), see, e.g., id. at 455-56, 458 N.Y.S.2d 484, they cite no case--and we have found none--requiring that elements (b) and (c) must be shown by medical testimony or that element (a) must be proven by an expert medical witness. New York courts considering elements
Page 7
Future Pain and Suffering Damages
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
