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On August 8, 2008, a Brooklyn woman was a passenger in a vehicle that was involved in a traffic accident. The accident occurred in the intersection of Middle Neck Road and Northern Boulevard. This intersection is located in Nassau County in New York State. At the time of the accident, the woman was a passenger in a 2007 Lexus that was being driven by her male companion. The vehicle was struck in the rear end by another vehicle. The woman contends that she sustained a serious injury as defined by the Insurance Laws of New York State in the course of the traffic accident. She subsequently filed a personal injury lawsuit to recover monetary damages as a result of the injuries that she sustained in the accident. The woman contends that her right knee was injured in the accident and that she was required to have arthroscopic surgery on the knee. She also stated that she received a sprain of her neck and lower back. She contends that these injuries prevented her from conducting her usual activities for at least 90 of the 180 days immediately following the accident. She also contends that the knee injury qualifies as a serious injury under the law because she now has limited flexion of the knee that is not within the normal range.
In order for a person to recover monetary damages as the result of an accident under New York Law, they must be able to demonstrate that they obtained an injury of sufficient severity that they were unable to perform their normal day to day activities for at least 90 days of the 180 days that immediately followed the accident. They can also demonstrate that the injury is a permanent disability as defined by them having a limited use of an appendage of the body. Other qualifying injuries fall under spinal injury or brain injury, either one of which may qualify a person to have received a serious injury as defined by the Insurance Laws of the state.
However, these injuries must be quantitative. That means that a medical professional doctor, or chiropractor, must swear under oath to the condition that the woman sustained. She must present these sworn statements to the court. The woman must also show that the doctor performed quantitative non-subjective tests of the body part that she maintains was injured. These tests must demonstrate an actual decrease of use that can be measured as compared to the normal measurements of an uninjured person.
It is especially important when a person is attempting to recover monetary damages from a personal injury that they clearly define the impact that the injury has had on their daily functioning. If they fail to clearly demonstrate this, they will not succeed in their suit. The doctor’s test results must also be sworn to and certified by the court. The only exception to this practice is if the test results are accepted by both sides of the complaint and relied upon by both as a support for their contentions. However, if one of the parties does not use the particular test as a measure of the injury, then the test results must be certified through the court before they can be used. Many people make the error of not properly presenting the evidence that they intend to use in court. It is this failure that costs them the ability to prove their case. The defendant, as in this case, is going to file a motion that challenges the severity of the injury. In this motion, they will ask the court to dismiss the entire complaint because the injured person has not demonstrated that they sustained a serious injury under the law. In this case, the failure to properly certify the test results cost the woman her lawsuit. It was dismissed.
At Stephen Bilkis & Associates with its personal injury Lawyers, have convenient offices throughout New York and Metropolitan area. Do not lose monetary compensation. Our spinal injury lawyers can provide you with advice to guide you through difficult situations. Without a brain injury Lawyer, you could lose precious compensation to help your family.