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Injured accident victim’s injury deemed not “serious” by court

In a recent case before the New York Supreme Court, more than one party in an accident wanted summary judgment granted. If this judgment was granted, it would mean that, in the eyes of the court, the person who claimed to have been seriously injured did not actually “sustain a ‘serious injury,’” according to an August 14, 2014 New York Law Journal article. A serious injury would be defined by the Insurance Law.

In the accident, a taxi hit a car. Then, the car that been hit by the taxi rear ended another car. The injured person was a passenger in the taxi. She had surgery following the accident as she had been injured in a knee and one shoulder. However, the only medical record she provided in the case was her emergency room record, and the surgery was performed later on. The parties trying to dismiss her claim of a serious injury provided expert witnesses and medical evaluations to the court. One expert who performed an orthopedic exam found her condition to be “normal.” Another expert doubted she needed knee surgery. That expert also thought her lumber spine and shoulder were “fine” according to the article.

When a person or business involved in a lawsuit, whether they are the plaintiff or defendant, needs a technical explanation of someone’s condition in a personal injury case, they hire an impartial expert witness who will provide the court information useful to the case.

The judge granted the parties involved in the accident summary judgment. The judge found did not find that the allegedly injured taxi passenger’s injuries to be “serious” for the purpose of continuing to a trial.

If you have been injured in an accident, then be sure to seek medical care. You should also speak to a lawyer to find out if you have a potential case where you may be able to receive a large settlement. Jayson Lutzky is an experienced accident and personal injury attorney. He has over 31 years of New York legal experience and offers free in-person initial consultations. If you have been seriously injured, then home or hospital consultations are available. Call 718-329-9500 to set up an appointment or visit www.MyNewYorkCityLawyer.com to learn more about your rights after an accident.

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