In a motor vehicle accident, a plaintiff has the burden of proving each of the following four elements
- Negligence
- Injury
- Causation
- Seriousness of the Injury
If the plaintiff proves three out of four - which in baseball would be outstanding - the Plaintiff looses the whole case. That is why it is easier to be a defendant rather than a plaintiff. All a defendant need do is knock out one of the four elements to win.
The State of New York defines a serious injury in Insurance Law
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