The Need to Define a “Serious Injury” in a NYC Car Accident
Because of New York’s “no-fault” auto insurance laws, for most car accidents the victims are limited to seeking coverage for their medical bills and lost wages under their own policies. New York allows an accident victim to step outside no-fault and sue the other vehicle’s owner and driver for their pain and suffering as well as the loss of any future wages or required medical care, however, they must be able to prove that they sustained a “serious injury” in a collision due to the defendant’s negligence. There are various conditions that can meet this serious injury threshold, including death, dismemberment, or a permanent or significant limitation to the use of any body function or system.
Appellate Court Divided on Truck Accident Case
Whether a particular car accident victim’s condition meets the serious threshold is often a close call. For example, the Appellate Division, First Department, recently ordered dismissal of a personal injury case at the summary judgment stage because a majority of the five-judge panel determined the plaintiff failed to prove a serious injury. Yet one judge dissented from this ruling and supported the trial judge’s finding to the contrary.
The case, Fernandez v. Sukhdeep, involved a December 2020 car accident in Manhattan. The plaintiff was driving a Toyota Camry on West 184th Street when he was struck by a Mack truck attempting to pass him. This initial impact caused the truck to drag the Camry and led to a second impact before the truck driver reversed his vehicle.
In his subsequent personal injury claim, the plaintiff alleged that this double-impact by the truck caused serious injury to his left shoulder as well as his cervical and lumbar spine. The defense’s position was that those injuries were not serious and were actually the result of preexisting degenerative conditions and not the accident. On this basis, the defense moved for summary judgment on the grounds the plaintiff failed to meet the “serious injury” threshold.
In granting the defense motion, the First Department’s majority opinion said the “[p]laintiff’s own medical records were sufficiently persuasive” to shift the burden of proof to the plaintiff to explain why his preexisting conditions were not the cause of his cervical and lumbar spine symptoms and limitations.” The plaintiff subsequently failed to provide such an explanation. As for his shoulder, the majority cited the expert opinion of an orthopedist who concluded that the injury simply was not “serious.”
The dissenting judge, however, said the orthopedist’s opinions were “speculative and conclusory, and fails to identify any objective medical evidence.” More to the point, the fact the plaintiff required shoulder surgery within three months of the accident should have raised a triable issue as to whether that injury was causally related to the accident. With respect to his cervical and lumbar spine injury, the dissent said the records did show the plaintiff had preexisting degeneration, but he also presented evidence that the accident exacerbated this condition. Again, on that basis the dissent would have allowed the plaintiff to proceed with his lawsuit.
In almost every car accident case the insurance company’s lawyer will ask the Court to dismiss your case on the grounds that you did not have a “serious injury” as the No Fault law defines that term. They will submit affidavits to that effect from the doctors that they hire to review the records and sometimes who also examined you. It is then up to your attorney to obtain medical reports, from qualified medical experts, to support your claim that you suffered a “serious injury”. If your attorney does not obtain and submit such reports your case will be dismissed without a trial or any award for your damages.
Contact a New York City Truck Accident Lawyer
Even when your accident is the result of a clearly negligent commercial truck or other driver, New York law still requires proof that you suffered a serious injury for you to be able to sue in order to obtain compensation for your past and future pain and suffering, as well as your future medical and therapy bills and lost wages. This is why it is so important to work with an experienced New York City truck accident lawyer who can help you build a compelling case. Contact the Law Offices of Jaroslawicz & Jaros, PLLC, at 212-227-2780 to schedule a consultation. We serve clients throughout New York City and Long Island.
Source:
scholar.google.com/scholar_case?case=17301364271856489694