The already congested courts are making efforts to significantly reduce the number of automobile personal injury cases in litigation. The First and Second Departments are strictly adhering to the legislative intent of §5102(d) by routinely dismissing cases where the plaintiffs fail to establish the required evidence to demonstrate that a serious injury exists.

Significant Disfigurement

An injury becomes a significant disfigurement when a reasonable person viewing the person’s body in its altered state would regard the condition as objectionable or as the object of pity or scorn. N.Y. Pattern Jury Instr.-Civil 2:88B.