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When a person is injured in a vehicle accident in New York, they are limited by the language of the laws that apply to personal injury as far as filing for a compensable lawsuit. There are boundaries that must be adhered to as far as claims of injury are concerned. The injury must be severe as defined by the statutes and it must be permanent as defined by the statute. In order for a person to be able to prove that the injury that they have incurred is both severe and permanent, they are required to have medical proof that can be presented in a court of law.
This can be in the form of a doctor’s testimony, but that doctor must be able to provide specifics on the medical tests that were performed to back up his contention that the injury is both severe and permanent. If the doctor only provides an opinion, then the court may or may not be impressed to agree with him. However, if the doctor provides specific tests that demonstrate that the person has restricted or lost use of a member of their body, then they have probably met the criteria for the injury to be considered severe and permanent. That is not always the case.
On August 8, 2008, a woman was in the intersection of Middle Neck Road and Northern Boulevard. This intersection is located in Nassau County, New York. She was a passenger in a 2007 Lexus that was struck from behind by another vehicle. At the time of the injury, the woman got out of the car and proceeded to walk around the accident scene unaided. She even drove away from the accident scene. However, later, she went to a local hospital to receive treatment because she stated that she began to have pain in her right knee. When her right knee was examined by an orthopedist, he diagnosed her as having a meniscus tear of her right knee. The orthopedic doctor also stated that she had several other soft tissue injuries to her knee. She also claimed that she was getting headaches since the accident. She was examined by the doctor to determine if there was a spinal injury that would account for the symptoms. The doctor determined that she had suffered from a lumbar strain that restricted the range of motion to the cervical and lumbar spines.
The insurance company for the other driver maintains that the woman did not demonstrate any signs of injury at the accident scene and that it was many months after the accident before she claimed any injury. They maintain that she did not suffer from a serious or permanent injury as defined by the laws of the state of New York. They made an application to the court to have a summary judgment issued in their behalf dismissing the claims that the woman made to the court.
The woman made several mistakes in the presentation of her legal case. She failed to get sworn statements from the doctors whom she had been examined by. She failed to have documents notarized and properly entered into evidence. The medical reports that she used to support her case were not sworn documents and would not normally have been admissible in court at all. The only reason that the state decided to use them was that the opposing party was using the same documents to support their contentions. Based on the evidence that was presented in the form of those medical records, the woman had not presented a case that her spinal injuries were serious and permanent under the law. The request for summary judgment by the insurance company was granted dismissing the woman’s case.
At Stephen Bilkis & Associates with its spinal injury Lawyers, have convenient offices throughout New York and Metropolitan area. Our civil 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.