The question about what constitutes a severe injury under the Insurance Laws of New York is one that is battled in court on a daily basis. The Insurance Laws of New York detail the guidelines that define a serious injury. Not every injury will qualify as serious under the statutes. In order for an injury to qualify as serious, the person must have lost a limb or the use of that limb. If the person is claiming that they lost partial use of the limb, they will have to provide objective evidence that shows exactly how much of a difference there is between what that person can do and what an uninjured person that person’s age is capable of doing with that limb. There must be an objective measurement of the difference. That measurement must be provided by a medical test that is performed by a medical doctor or chiropractor. If the test is subjective, it relies on the personal opinion of the doctor to interpret it. It will not be sufficient to keep the case from being dismissed. In fact, it can be so difficult to prove a serious injury, that it is routine for a defendant of a personal injury lawsuit to file a motion that the injury sustained by the complainant is not severe and requesting the dismissal of the case.
Anytime that a person is going to court for a personal injury, it is an emotional time. Most people who have sustained a serious injury have seen their lives completely altered overnight from the accident. They know that they were injured severely, and more often than not are offended by the suggestion that their injury is not severe. A court of law in Westchester is no place for sentiment. One of the advantages to having an attorney handle your case for you is that they are not offended by the suggestions or claims of the opposing side. It is critical to prove the injury objectively. Just saying that you are injured or even having a doctor say that you are injured is not sufficient to prove your case in a court of law.
The doctor that is seen will have to perform medical tests that clearly show the extent of the injury. That means that an MRI or CT Scan will not be sufficient on its own. In the case of spinal injuries, there are nerve conductivity tests that must be performed. These tests demonstrate the nerve damage that causes the pain. They are objective and there are numerical figures that are assigned to the amount of damage that is present. The doctor is then able to testify in court about a numerical figure provided by a test that was conducted without personal opinion input. Even then, the doctor’s testimony must be sworn or the report certified in order for the test results to be admissible.
That was the problem that a New York woman ran in to when she filed her personal injury lawsuit following a traffic accident that occurred on August 8, 2008. She was the passenger in a car that was struck in the rear by another car. In the accident, she sustained an injury to her knee as well as a spinal injury. Her knee was injured badly enough for her to have to have surgery to repair it. However, when she had her case prepared for trial, the doctors were not able to certify that their opinions could be supported by objective medical tests. The defending party in the suit filed a motion for summary judgment in contention that she did not make her case that she sustained a serious injury under the code section. The court agreed and her case was dismissed.
At Stephen Bilkis & Associates with its spinal injury Lawyers, have convenient offices throughout New York and Metropolitan area. Do not lose monetary compensation. Our traffic accident injury lawyers can provide you with advice to guide you through difficult situations. Without a personal injury Lawyer, you could lose precious compensation to help your family.