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The ability to prove that an injury that has been sustained in an automobile accident is serious under the essential elements of the laws of New York can be a daunting experience. The law is clear on what is considered a serious personal injury. In order for a person to recover damages associated with an accidental injury, the person must be able to present medical evidence that demonstrates that the person has a loss of use of a limb, a serious spinal injury, or a serious brain injury. The mere contention that an injury is serious and painful does not constitute a serious injury under the law. There must be some corroborating medical evidence of the injury. It is not even sufficient to bring in a doctor who is willing to testify that the person has experienced a serious injury that is life changing. That doctor must be able to show that he performed or administrated accepted medical tests that demonstrate that the injury is severe enough to be life altering.
That means that the injury that is sustained must be so severe that the person injured is not able to do the things in life that they did for enjoyment or work before the accident. The problem is that many doctors do not agree on diagnoses. Anyone who has gone to numerous doctors and had each one give them a different diagnoses understands this problem. It is frustrating when it is not something that will be presented in court. It is unnerving when it is. That is a major problem for anyone who has suffered a life changing accident only to have to find a doctor who is willing to interpret the test results to a court in verification of what the patient already knows to be true. One case of this nature was commenced on December 16, 2008.
That was the date that an injured man filed his personal injury lawsuit in New York. He was injured in a motor vehicle accident on January 9, 2008. His car was stopped at a traffic light when another car struck it with enough force to knock it off of the roadway and into a fire hydrant. The man maintained that he sustained serious spinal injury, and injury to his right knee that has resulted in an altered gait and a limp. He also maintained that he received a head injury that has left him with headaches, dizziness and post-concussion syndrome. He presented numerous medical records, x-rays and MRI reports to support his allegations.
The Brooklyn insurance company for the man who hit him requested that he be examined by a doctor of their choosing. That doctor stated that there was nothing wrong with him. That doctor stated that he did not have an altered gait and that his range of motion was normal. The insurance company contends that the spinal complaints that the man has are not related to the automobile accident at all, but rather to an incident that happened in 2001. In 2001, the man was shot in the back. As a result of that incident, the man still has a bullet in his back and that bullet is located in the left side of his colon where it presses on the nerves that control his left leg. He stated that the second bullet that hit him was removed by the hospital on the date that he was shot. The CT scan presented as evidence, however, showed that there was a bullet lodged in the region of his L5-S1 region of his back that has caused the machine to not be able to evaluate the underlying injury. The doctors stated that impingement cannot be excluded. Based on the evidence presented and the fact that it appears that the man still has a bullet wedged into his back, the request by the insurance company for summary judgment releasing them from liability is granted.
At Stephen Bilkis & Associates with its traffic accident Lawyers, have convenient offices throughout New York and Metropolitan area. Our personal injury lawyers can provide you with advice to guide you through difficult situations. Without an insurance Lawyer, you could lose precious compensation to help your family.