In order to sue for personal injury in a motor vehicle accident, the plaintiff must show that he or she suffered a “serious injury.” This is defined by the law as missing 90 out of the first 180 days from your usual and customary activities, a fracture, or a permanent limitation of a body organ, function or system, disfigurement, or loss of a fetus.
In the Nussbaum case, as in many similar cases, the defendants moved to have the case dismissed on the grounds that our client did not suffer a “serious injury” as defined by the law. The judge denied their motion, and they appealed. The Appellate Division, Second Department upheld the judge’s decision, which entitled our client to a trial in his case.