Yes. In New York, in order to receive money for your pain and suffering you must have suffered a “serious injury”. In NY, a serious injury is defined as:
- Death
- Dismemberment
- Significant Disfigurement
- Fracture
- Loss of a fetus
- Permanent loss or 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;
- 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.