One “Serious Injury” = All Injuries Compensable
We discussed in a previous post that not all injuries from a motor vehicle accident are compensable; only “serious” injuries are entitled to compensation for pain and suffering. The term “serious injury” is defined in the Insurance Law and the Courts have further defined “serious injury” in numerous appellate cases. What if there are several injuries and some are “serious”, but some are not? In this scenario, the Courts have held that once the plaintiff proves a “serious injury” with respect to any body part, all injuries are then compensable under the law. This means that, for example, if you sustained a fractured wrist in a motor vehicle accident (which is a “serious” injury), you are entitled to pain and suffering compensation for that wrist fracture and also for any other injuries you sustained, whether those other injuries are “serious” or not, such as bruises and headaches.