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New York State Automobile Accident Attorney, Serious Injury and Personal Injury Law

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A car accident lawyer in New York knows there are some special circumstances concerning car accidents. Article 51 of the "Insurance Law" stipulates that victims of car accidents must prove that has been seriously injured before they can prove any money before pain and suffering . What does it mean?

This means very little in terms of medical expenses, salary losses and other relatively small items. New York’s no-fault law guarantees that the injured are compensated in these areas. The insurance company that you pay for the car should pay for your medical expenses and salary losses. In almost all cases, you do not need a lawyer. Although we began to see that insurance companies unreasonably refused to pay in certain circumstances, this situation is still rare. Moreover, for most of these denials, the amount involved is not sufficient to justify legal costs. When it comes to any no-failure rejection, we recommend our customers, and in the case of a fundamental problem, we do represent them. Usually we oppose denial in arbitration.

At least in theory, the threshold for serious injury in a car accident is compromise. Since the routine costs have been covered by the Personal Injury Protection insurance coverage under no fault, the Personal Injury Compensation line of responsibilities has allegedly decreased. Whether this compromise is sensible or fair may have been a big controversy, but others can write this article.

What is the standard of serious injury is quite complicated. There are several serious injuries. The most common defects we see include other injuries that caused major restrictions or a lot of work time.

You will think that the fracture category will be very simple. In most accidents it is. However, several fractures are not clear. Court decisions show that a small percentage of bones meet the standards. Fracture cartilage is usually unqualified, as is the fracture organ. We have a case of "liver fracture." It sounds weird, but that's what doctors call it. The case has been solved, so we have never tested it in court. When was the other question a small part? The thin line counts, but the "green" fracture does not.

Major restriction categories have led to hundreds of cases discussing when major restrictions occur and what the injured person must prove. The defendant’s lawyer often makes summary judgment to hand over the case. After the injured person saw the injured person in his own doctor independent medical examination (also known as IME, and many of us objected to the use of the word "independent"), the defense counsel Experts were submitted "The report usually indicates that the injured person has fully recovered. Then, the plaintiff's auto accident lawyer usually responded by reporting from treating physician describing the details of the injury and why the harm was important. If the plaintiff The answer is not sufficient and the case is often not resolved. To avoid this situation, the evidence must show that the injury is more than mild, slight or slight, and this is consistent with [1945900] objective results (such as X-ray or MRI abnormalities, Or in many cases 痉挛 a survey result

other is in 90/180 category. The person is required to have an accident The last 180 days have suffered from 90 days or more of most daily activities. In most cases this means that they lost their job within six months after the accident. The time of the month., The lawyer must show through medical evidence that the person must not work within three months, and this is related to objective medical discovery.

For the latter two categories, we often win by passing a key point in the IME The motion proposed by the defect. In most cases, the IME doctor did not discuss much about past problems and treatments. We believe that this means that the defense did not satisfy their burden on their motion . They did not go to court. It is not important to prove that the restrictions are limited, or that the working hours are not appropriate because IME doctors did not discuss these issues.According to our experience, most judges understand this and keep the case alive.

also in car accident cases involving serious injury thresholds Other categories and other complex issues may arise, but this is a good start.

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