---
title: "Test a motor-injury tort claim against the serious-injury definition"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-statutory-threshold-for-benefits-or-damages/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WR20261022-1-US"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Test a motor-injury tort claim against the serious-injury definition

> From the diagnoses the lawyer lists, set each injury against the words of the serious-injury definition and leave a blank where the file does not say which word is relied on.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-statutory-threshold-for-benefits-or-damages/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the diagnoses the lawyer lists, set each injury against the words of the serious-injury definition and leave a blank where the file does not say which word is relied on. Do not classify the injury and do not say that tort damages are available. State law governs, and the lawyer confirms the governing state. For example, New York. |
| What the lawyer must review | New York Insurance Law § 5102(d) defines serious injury as a personal injury which results in death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent consequential limitation of use of a body organ or member, or significant limitation of use of a body function or system. CPLR § 1411(b) uses article 51 of the Insurance Law as the class of personal-injury actions in which greater culpable conduct bars recovery. You decide whether the injury meets § 5102(d) and what that does to a tort claim. There is no national motor-accident threshold. Do not use a soft-tissue or threshold-psychiatric category from a state scheme you have not opened. State law governs, and the lawyer confirms the governing state. For example, New York. |
| Written for | United States |
| Applies to | [Test an injury against the statutory threshold for benefits or damages](https://ailawframework.com/practice/personal-injury-and-compensation/test-an-injury-against-the-statutory-threshold-for-benefits-or-damages.md) |

## Checking plan

- What the AI does: From the diagnoses the lawyer lists, set each injury against the words of the serious-injury definition and leave a blank where the file does not say which word is relied on. Do not classify the injury and do not say that tort damages are available. State law governs, and the lawyer confirms the governing state. For example, New York.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The opened § 5102(d) text ends at significant limitation of use. Do not add a further serious-injury category that is not in that text.
- Most states have no verbal threshold of this kind. Name New York before you apply § 5102(d).
- State law governs; confirm the governing state before relying on this.

## Sources

- [New York Insurance Law § 5102, definitions, including serious injury](https://www.nysenate.gov/legislation/laws/ISC/5102) (checked 2026-10-22)
- [New York CPLR § 1411, damages recoverable when contributory negligence or assumption of risk is established](https://www.nysenate.gov/legislation/laws/CVP/1411) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*