Yes. In New York, in order to pursue a lawsuit against a driver for your pain and suffering after being involved in a bicycle accident, your injuries must meet the New York State Insurance Law’s definition of a “serious injury.” A serious injury means a personal injury which results in any of the following:
- 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; http://lamarchesafrankolaw.com/new-york-courts-get-serious-about-ptsd/
- 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.