Nassau

Published on: October 9, 2012

There are several different laws in New York which govern the litigation practices

by Stephen Bilkis

There are several different laws in New York City which govern the litigation practices involved in personal injury lawsuits. In order for a person to proceed with an action to sue in reference to a serious bodily injury that was the result of a traffic accident, they must prove that the injury is serious in accordance with the law. The statute CPLR § 3212 and Article 51 of the New York State insurance law specify the guidelines that are used to determine if an injury is considered serious.

There are several different categories that are used to determine serious injury under these statutes. Some of these involve brain injury, loss of an appendage, loss of use of an appendage, loss of a fetus, some brain injuries, and some spinal injury. In order for an injury to be considered serious, it must be pervasive enough to interfere with the person’s ability to function normally on a daily basis. This type of injury is usually one that is permanent in nature. Although, some brain injuries and spinal injuries may not be lifelong disability type injuries.

On June 10, 2007, a woman was driving her 2005 Nissan on East Shore Drive, Massapequa, New York in Nassau County. She was hit in the back end of her vehicle by a 1994 BMW. She received injuries in the accident that she felt met the criteria to be considered serious under the statutes of New York. She filed a personal injury lawsuit based on these injuries. The injuries that she claims to have suffered involved annular tear at L4-5 vertebrae, disc herniations at L3-4, L4-5, and L5-S1. She claims to have been diagnosed with a disc bulge at L2-3 which caused a constriction on the spinal cord. She also sustained an internal derangement of the lumbar spine with a severe strain or sprain of the lumbar spine. She gave a sworn statement to the court that after the accident, she had to stay in bed for a full two weeks. She also claims that after she was able to get out of her bed, she had to stay at home for another four weeks recovering. She stated that at the time of the accident, she was unemployed. However, she claimed that she can no longer take part in many of the activities that she enjoyed such as playing volleyball, gardening, cooking, or driving somewhere that is more than thirty minutes away. She stated that she cannot lift heavy objects or wash dishes. She stated that she joined a local gym and that she uses the recumbent bicycle several times a week to try to stay in shape. In her statement, she did not detail the specific compensable serious injury categories that she contends that her injuries fall under.

Published on: September 23, 2012

This is an action to recover damages for personal injuries

by Stephen Bilkis

This is an action to recover damages for personal injuries allegedly sustained by plaintiff in a motor vehicle accident in 2008 within a private parking lot on route 107, near its intersection with Lewis Street, in the town of Oyster Bay, Nassau County, New York. In his bill of particulars, plaintiff alleges that he sustained the following spinal injury and other injuries which are alleged to be permanent: Cervical muscle spasm, cervical radiculopathy, neck pain with upper extremity weakness, lumbar radiculopathy, right and left shoulder pains with numbness and tingling decreased range of motion of the cervical spine, low back pain with lower extremity weakness, subluxation of the cervical spine and lumbar spine, headaches, muscle spasm of the lumbar spine, decreased range of motion of the cervical and lumbar spine, mid back pain, dizziness, inability to sit or stand for prolonged periods of time, difficulty performing everyday activities such as bending, lifting, and sitting, necessity for prescribed pain medications, necessity for physical therapy, sleep disturbances, cervical spine tenderness with restricted range of motion, lumbrosacral spine tenderness with restricted range of motion, necessity for extended physical therapy, unable to perform household chores, loss of enjoy of life.

A Nassau Lawyer said that, plaintiff was involved in a prior motor vehicle accident in 2002 whereby he injured his neck, lower back, and shoulders. Defendant claims that the spinal injuries plaintiff complains of in this accident are not causally related to the 2008 motor vehicle accident, but rather are permanent spine injuries resulting from the 2002 accident.

Defendant has presented objective medical testing from 2002 in order to establish the preexisting spine injuries at the time of the 2008 accident. The MRI report dated February 25, 2002 of Dr. Richard J. Rizzuti indicated posterior disc bulge at L3-L4 and at L5-S1 impinging on the spinal canal. The report indicated posterior disc bulges at C-5-6 and at C6-7 impinging on the anterior aspect of the spinal canal. Therefore, plaintiff had bulging discs with impingement six years prior to the subject accident. Dr. Spindler states that “any scores falling in the abnormal range recognize a possible entrapment of the nerves and indicate that a problem exists.” More recently, plaintiff’s treating chiropractor, issued a report dated March 16, 2010 in which she opined that plaintiff suffered a permanent consequential disability with regard to his cervical and lumbar spine and is unable to perform his normal activities of daily living as a result of the 2002 accident. The Long Island Defendant claims that the evidence demonstrates that any permanent and consequential spine injuries and plaintiff’s inability to perform activities of daily living were a result of the prior accident in August 2002 and not the subject accident.

Published on: September 21, 2012

A lady was driving a Honda Civic on September 17, 2007 on the Jericho Turnpike. She was parked in

by Stephen Bilkis

A Nassau lady was driving a Honda Civic on September 17, 2007 on the Jericho Turnpike. She was parked in traffic waiting for the light to turn green when a Jeep hit her car from behind. The impact of the rear-end collision pushed her Honda Civic one car length away. Her Honda Civic struck the car in front of her.

The impact of the collision sent the lady driver of the Honda Civic in a lurching motion. She hit the steering wheel and was pulled back by gravity so that she hit her neck and back on the head rest. She claims that she twisted her neck and was in pain.

She claims that she sustained spinal injury in her cervical and lumbar spine. She claims to have discs that have been misaligned and resulted in swellings which brought about impingement of the nerves and great pain.

Published on: September 15, 2012

Defendant argued that plaintiff’s medical records establish that plaintiff

by Stephen Bilkis

This involves a case wherein the Court ruled that plaintiff’s injuries did not suffer a “serious injury” in the accident as defined by New York State Insurance Law which led for an order granting defendant summary judgment.

Plaintiff commenced the action against defendant allegedly for personal injuries sustained by plaintiff as a result of a car accident with defendant which occurred on November 20, 2009, at approximately 7:51 p.m., at or near the intersection of Guinea Woods Road and Jericho Turnpike, Old Westbury, County of Nassau, State of New York. The accident involved a 2008 Chrysler owned and operated by plaintiff and a 2003 Volkswagen owned and operated by defendant. It is plaintiff’s contention that the car accident occurred when defendant’s vehicle struck plaintiff’s vehicle in the aforementioned intersection when, defendant’s vehicle, while speeding, made a left turn in the intersection and failed to yield the right of way.

Defendant argued that plaintiff’s medical records establish that plaintiff had a preexisting medical history of lower back pain that pre-dates and is unrelated to the subject accident. Defendant submits that, on January 22, 2004, almost six years prior to the subject accident, plaintiff went to a physician with complaints of back pain from the proceeding year and admitted that the condition originated five to six years earlier. Defendant added that the medical records of plaintiff’s treating physician, further showed that plaintiff had pre-existing spinal injury, lumbar stenosis and pain of his lumbar spine for which he was treating from 2004 through 2006 and again in 2009 prior to the subject accident.

Published on: September 11, 2012

This involves a case where the court ruled that plaintiff did not sustain a “serious injury”

by Stephen Bilkis

This involves a case where the court ruled that plaintiff did not sustain a “serious injury” contemplated under New York State Insurance Law § 5102(d).

A car accident occurred on January 30, 2008, at approximately 8:15 a.m., at or near the intersection of Hempstead Turnpike and Locustwood Boulevard, Elmont, Nassau County, New York. The accident involved a 2005 Suzuki Verona four-door sedan owned and operated by defendant. On that date, at that time, it was raining out and plaintiff, who is four feet ten inches tall, was holding an umbrella standing on the southwest corner of the aforementioned intersection waiting for the pedestrian light to change from red to green so she could cross Hempstead Turnpike. Plaintiff claimed that she looked before crossing and did not see any vehicles on Locustwood Boulevard making a turn onto Hempstead Turnpike. Plaintiff further claimed that, as she was crossing Hempstead Turnpike, she was struck in the rear, specifically her lower back, by the front of defendant’s vehicle. As a result of the impact, plaintiff was thrown to the side. Plaintiff commenced an action by the filing a Verified Complaint for spinal injuries sustained.

Defendant argued that the Suffolk plaintiff already crossed in front of her, but then due to wind catching her umbrella, plaintiff walked backwards into the defendants vehicle. Plaintiff denied that the wind turned her umbrella inside out. Clearly, the parties give conflicting testimony with regard to how the accident occurred and plaintiff is not entitled to summary judgment.

Published on: September 3, 2012

The action for damages stems from personal injuries

by Stephen Bilkis

The action for damages stems from personal injuries allegedly sustained by the plaintiff as a result of an automobile accident occurred at westbound Jericho Turnpike approximately fifty (50) feet east of Wellington Road, in the County of Nassau, Town of North Hempstead, New York. The accident involved two vehicles, a 2004 Honda operated by plaintiff and a 2004 Jeep owned and operated by defendant.

A Nassau Injury Lawyer said that, at the time of the accident, plaintiff’s vehicle was traveling westbound on Jericho Turnpike. Defendant’s vehicle was also traveling westbound on Jericho Turnpike. Plaintiff contends that her vehicle was stopped in traffic in the left lane on Jericho Turnpike when the defendant’s vehicle struck her from behind, pushing her car forward approximately one car length. Plaintiff further contends that, as a result of the heavy impact, her body was caused to move forward and backward in her vehicle and said impact caused her neck and back to strike the headrest and seat. As a result of the collision, plaintiff claims that she sustained the following injuries:

Posterior disc bulges at C3-C4, C-4-C-5 and C6-C7 impinging on the anterior aspect of the spinal canal; Small joint effusion of the left knee; Menisci and ligament/ right knee; Posterior disc herniations at the L5-S1 impinging on the anterior aspect of the spinal canal and abutting the nerve roots bilaterally; Decreased range of motion of the cervical and lumbar spine; Decreased range of motion of the left knee; Left knee pain/sprain; Cervicalgia; Lumbar disc herniation at L5-S1; Pain in the limbs; Neuropathy; Cervical sprainand strain; Lumbar sprain and strain; Lumbargo; Weakness in muscles.

Published on: August 31, 2012

As a result of the collision, plaintiff claims that he sustained the following injuries

by Stephen Bilkis

The action for damages stems from personal injuries allegedly sustained by plaintiffs as a result of a pedestrian knockdown/automobile accident with defendants which at Albany Avenue, Amityville, County of Suffolk, State of New York. At the time of the accident, plaintiff Mariano Lopez was a pedestrian and defendant Ronnell Davis (“Davis”) was the operator of a 2009 Dodge Charger that was owned by rental a company, defendant ELRAC. Defendant Davis’ girlfriend had rented the vehicle from defendant ELRAC.

A Suffolk Lawyer said that, plaintiff alleged that at the time of the accident, he was a school security guard, and was struck by the front of defendants’ automobile when it was in the driveway in front of the school where he was working. It is alleged that defendants’ vehicle entered the school driveway to drop off a child and was unable to back out of said one-way driveway due to a school bus pulling behind it. Plaintiff contend that, when defendants’ vehicle was moving forward after being blocked by the school bus, it struck him in the area of his right knee, causing him to fall onto the hood of defendants’ vehicle. Defendant Davis argues that his vehicle never struck plaintiff and that the only contact between plaintiff and defendants’ vehicle was when plaintiff placed his hands on said vehicle to prevent defendant Davis from moving the vehicle any further.

As a result of the collision, plaintiff claims that he sustained the following injuries: Lumbar radiculopathy; Cervical radiculopathy; MRI of the lumbosacral spine reveals subligamentous posterior disc herniations at L4/L5 and at L5/S1 impinging on the anterior aspect of the spinal canal and on the neural foramina bilaterally; Right hip sprain; Right knee medial meniscus tear; Surgical recommendation for right knee arthroscopy; Lumbar spine lumbago;Lumbar spine HNP; EMG/NCV testing to the lower extremities revealed right S1 radiculopathy; MRI of the right knee revealed: synovial effusion knee joint, lateral patellar tilt and lateral patellar subluxation with patellofemoral chondromalacia spurring and narrowing lateral patellofemoral joint compartment, medial femorotibial joint compartment narrowing with chondromalacia, strain medical collateral ligament and motion artifact noted. Knee Chondromalacia; Knee internal derangement; Right joint effusion.

Published on: August 29, 2012

When a person is injured in a vehicle accident in New York

by Stephen Bilkis

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.

Published on: August 9, 2012

A woman was involved in a motor vehicle accident sometime on October 9, 2009

by Stephen Bilkis

A woman was involved in a car accidentsometime on October 9, 2009 at the corner of Bellmore Avenue and Sunrise Highway in Nassau County, New York. The police arrived at the scene but no ambulance responded. The woman alighted from her car all by herself and after the initial investigation by the police the woman drove her car from the scene of the accident to her office.

The woman said she felt pain in her lower back and she experienced headaches. She went for an x-ray and consulted a doctor who recommended that she undergo treatment from a chiropractor. She went and saw the chiropractor for about a year and then she stopped seeing the chiropractor and went instead for physical therapy for a few months. She eventually stopped the physical therapy.

As of the time she filed this suit in damages, she was no longer receiving treatment for her injury. She claims that as a result of the accident, she lives in constant pain and she suffered spinal injury particularly, injury to her cervical and lumbar spine. She claims that she has lost significant motion in her spine and she asserts that this spinal injury qualifies as “serious injury.” She claims that the spinal injury has caused a limitation on her use of her spine which prohibits her from her customary daily activities.

Published on: July 30, 2012

A woman was involved in a motor vehicle accident sometime on October 9, 2009

by Stephen Bilkis

A woman was involved in a motor vehicle accident sometime on October 9, 2009 at the corner of Bellmore Avenue and Sunrise Highway in Nassau County, New York. The police arrived at the scene but no ambulance responded. The woman alighted from her car all by herself and after the initial investigation by the police the woman drove her car from the scene of the accident to her office.

The woman said she felt pain in her lower back and she experienced headaches. She went for an x-ray and consulted a doctor who recommended that she undergo treatment from a chiropractor. She went and saw the chiropractor for about a year and then she stopped seeing the chiropractor and went instead for physical therapy for a few months. She eventually stopped the physical therapy.

As of the time she filed this suit in damages, she was no longer receiving treatment for her injury. She claims that as a result of the accident, she lives in constant pain and she suffered spinal injury particularly, injury to her cervical and lumbar spine. She claims that she has lost significant motion in her spine and she asserts that this spinal injury qualifies as “serious injury.” She claims that the spinal injury has caused a limitation on her use of her spine which prohibits her from her customary daily activities.