Car Accident Injury

Published on: October 26, 2012

In this case, the driver of the other car filed a motion for summary judgment

by Stephen Bilkis

On July 23, 2007, a man was sitting at the traffic control light located at Greenwich Street and Jerusalem Avenue in Nassau County, New York when another vehicle hit his. The other vehicle made contact with his vehicle in a same direction side swipe manner. As the vehicle was driving past his in the same direction, it swerved and the offending vehicle swept up the passenger side of the man’s car from the rear passenger side area to the front. The man filed a personal injury and 90/180 case against the driver of the other vehicle.

In order for a person to claim a serious person injury under the auspices of the New York Insurance Law, they must be able to prove that they suffered an injury that was invasive enough to alter their normal everyday lifestyle. In order to make that statement, the injured person must be able to demonstrate through medical records that they have sustained either a permanent loss of use, or partial percentage loss of use of a member of their body.

Alternatively, they can show a brain injury or spinal injury that is severe enough to have altered their lives and receives treatment. They may also file a 90/180 claim that contends that although they recovered from their injuries, they were incapacitated by them for 90 out of the 180 days that immediately followed the accident. It is important that the injured person is able to demonstrate that they have been continually under the care of a doctor from the time of the accident until the time that they filed their suit. The court has been known to dismiss a gap in treatment for legitimate reasons if it can be properly documented.

Published on: October 23, 2012

When a person decides that they want to file a personal injury lawsuit in New York

by Stephen Bilkis

When a person decides that they want to file a personal injury lawsuit in New York, they are required to submit proof to the courts that their injury is a severe injury as defined by the requirements of Insurance Law § 5102. That means that they must also show that they meet the requirements of Insurance Law § 5104 as it regards non-economic loss. When the elements of the injury are not in compliance with these codes, then the person will not be allowed to file the suit. A lawsuit in New York, alleging a personal injury may not be filed if the injury is merely an inconvenience. In order for an injury to be determined severe it must render that person unable to work for a substantial amount of time and/or prevent that person from continuing to work in their chosen career field.

The injuries that are defined as serious injuries are spelled out in the law. They are defined as injuries that deprive a person of the use of a limb, or actually results in the amputation of a limb. Some spinal injuries and brain injuries may also qualify as severe. In order for the spine injuryor brain injury to be categorized as serious, it must be so pervasive of an injury as to render the person unable to function on a daily basis as they were accustomed to performing. The ability to continue participating in daily activities that they were able to participate in prior to the injury would mean that the injury will not be considered a severe injury under the law.

In October of 2009, a woman was involved in a traffic accident at the intersection of Bellmore Avenue and Sunrise Highway. The accident occurred in Nassau County in the State of New York. At the time of the accident, the police determined that the vehicle that hit hers was at fault in the accident. At the accident scene, the woman left her car, walked around the scene, and was able to drive her vehicle to work after the accident. She later went home and stayed out of work for one day. She started to see a chiropractor following the accident because she claimed that she was having headaches and pain from personal injury that she incurred as a result of the accident. She was x-rayed by the chiropractor and went to see him two to three times a week for several months into the winter of 2010.

Published on: October 15, 2012

When a person is hit by a car, the injuries that they incur are likely to be serious

by Stephen Bilkis

When a person is hit by a car, the spinal injuries that they incur are likely to be serious in nature. However, pursuant to New York State Insurance Law § 5102, in order for an injury to be considered serious, it must be so pervasive that it required that person to restrict their lifestyle for 90 of the first 180 days following the injury. That means that the burden to show that they have incurred a serious bodily injury falls to the complainant. The only way to demonstrate a serious bodily injury is to have a board certified doctor perform tests that show definite results. These results must demonstrate that the person has incurred an injury that is both severe and invasive enough to limit the use of a limb. Alternately, in the case of brain or spine injuries, the complainant must be able to show that the injury has rendered them unable to perform tasks that they considered day to day activities prior to the accident.

This became the goal of a man who worked in New York State as a security guard for a school. One day while he was directing traffic for parents who were dropping off and picking up their children, he observed a woman driving a car in the bus lane. When she pulled in, a bus had pulled behind her preventing her from backing up. The Bronx security guard approached her vehicle to help guide her out of the driveway. As he approached, she suddenly put the car in forward gear and struck him. He contends that the force of the impact propelled him up onto the hood of her car and that he sustained serious bodily injury as a result of the accident. This accident occurred on March 12, 2012 at around nine in the morning.

As it turned out, the woman who was driving the car, had borrowed it from her long term boyfriend. The Manhattan boyfriend had rented the car from ELRAC. ELRAC is in the business of leasing automobiles. During the course of the investigation into this case, the security guard determined that the boyfriend had a restricted license at the time that he had rented the car from ELRAC. He contends that if ELRAC had not rented the car to a person that had demonstrated that they were likely to operate the vehicle in a manner that would cause harm to another, that he would not have been injured by the car. He contends that ELRAC had a responsibility to ensure that the persons who rented cars from them would operate those vehicles in a safe manner. The fact that the man’s license was restricted should have been an indicator to them that the man was a less safe driver.

Published on: October 7, 2012

On July 9, 2009 around noon, a traffic accident took place at the intersection

by Stephen Bilkis

On July 9, 2009 around noon, a traffic accident took place at the intersection of West Sunrise Highway and North Bayview Avenue in Freeport, New York in the County of Nassau.

Complicating this accident was the fact that it involved three vehicles actively and one vehicle in a more passive aspect. A 2005 Nissan which was involved in the accident was owned and operated by the person who was injured and who filed a personal injury lawsuit as a result of the accident. The injured party contends that a BMW which was owned and operated by the defendant in the personal injury suit did not stop at the traffic signal located at that location. Rather, they went through the red light and struck a U-Haul rental truck that was in the intersection. The U-Haul truck was pushed by the force of the impact into the complainants Nissan. The Nissan was then shoved backward into a fourth vehicle. As a result of the accident, the complainant who was the driver of the Nissan claims that he suffered from a serious bodily injury as defined in the New York State Insurance Law guidelines.

In order for an injury to be categorized as serious under the New York State Insurance Law guidelines, the person who is claiming the injury must be able to prove that they suffered from an injury that caused them to lose the use of a part of their body, a serious spinal injury, or a brain injury that was debilitating. Alternatively, they can show that as a result of the accident, they were unable to perform their usual daily activities or go to work for at least 90 days out of the 180 days that immediately followed the accident. That type of claim is referred to as a 90/180 claim. In order for a claimant to be able to prove that they suffered from a serious injury, they must have corroborating evidence in the form of court certified documentation from a licensed medical professional in the state of New York.

Published on: October 4, 2012

On August 8, 2008, a New York woman was a passenger in a vehicle

by Stephen Bilkis

On August 8, 2008, a Brooklyn woman was a passenger in a vehicle that was involved in a traffic accident. The accident occurred in the intersection of Middle Neck Road and Northern Boulevard. This intersection is located in Nassau County in New York State. At the time of the accident, the woman was a passenger in a 2007 Lexus that was being driven by her male companion. The vehicle was struck in the rear end by another vehicle. The woman contends that she sustained a serious injury as defined by the Insurance Laws of New York State in the course of the traffic accident. She subsequently filed a personal injury lawsuit to recover monetary damages as a result of the injuries that she sustained in the accident. The woman contends that her right knee was injured in the accident and that she was required to have arthroscopic surgery on the knee. She also stated that she received a sprain of her neck and lower back. She contends that these injuries prevented her from conducting her usual activities for at least 90 of the 180 days immediately following the accident. She also contends that the knee injury qualifies as a serious injury under the law because she now has limited flexion of the knee that is not within the normal range.

In order for a person to recover monetary damages as the result of an accident under New York Law, they must be able to demonstrate that they obtained an injury of sufficient severity that they were unable to perform their normal day to day activities for at least 90 days of the 180 days that immediately followed the accident. They can also demonstrate that the injury is a permanent disability as defined by them having a limited use of an appendage of the body. Other qualifying injuries fall under spinal injury or brain injury, either one of which may qualify a person to have received a serious injury as defined by the Insurance Laws of the state.

However, these injuries must be quantitative. That means that a medical professional doctor, or chiropractor, must swear under oath to the condition that the woman sustained. She must present these sworn statements to the court. The woman must also show that the doctor performed quantitative non-subjective tests of the body part that she maintains was injured. These tests must demonstrate an actual decrease of use that can be measured as compared to the normal measurements of an uninjured person.

Published on: October 2, 2012

The above entitled action stems from personal injuries allegedly sustained by plaintiff

by Stephen Bilkis

The above entitled action stems from personal injuries allegedly sustained by plaintiff as a result of an automobile accident with defendant occurred on May 16, 2008, when plaintiffs’ vehicle was exiting Northern State Parkway to Route 110 in Melville, County of Suffolk, State of New York. Plaintiff was operating a 2003 Lincoln Town Car which was owned by his employer Executive Limo. Defendant was the owner and operator of a 2001 Chevrolet. It is alleged that the automobile that was being driven by plaintiff was struck in the rear by the automobile being driven by defendant. Defendant claims that the impact was heavy and caused his glasses to fly off and his body to move back and forth inside the vehicle despite the fact that he was seat belted.

A Suffolk man said that, as a result of the accident plaintiff claims that he sustained the following injuries: Sprain of the anterior cruciate ligament/left knee; Tear in the posterior horn of the medial meniscus of the left knee and may require future surgery; Acromion impingement on the supraspinatous muscle of the left shoulder which may require future surgery; Increased signal in the supraspinatous tendon consistent with tendonopathy/left shoulder; Subligamentous posterior disc herniations at C3-4, C4-5, C5-6 impinging on the anterior aspect of the spinal canal at C3-4 and C4-5 and on the anterior aspect of the spinal cord at C5-6; Subligamentous posterior disc herniations of the lumbosacral spine at L4-5 and L5-S1 impinging on the anterior aspect of the spinal canal, the neural foramina bilaterally and left nerve root at L4-5; Moderate to sever stenosis from L3-L5; Cervical, thoracic and lumbar myofascitis; Lumbar and cervical radiculitis/radiculopathy; Left bicepital tendonitis; Left shoulder derangement; Left knee derangement; Left ankle sprain/strain; Left foot contusion and left plantar fascitis; Cervical sprain/strain; Thoracic sprain/strain; Lumbar sprain/strain; Cervical acceleration/deceleration injury; Myofascitis; Bilateral ulnar motor neuropathy at elbows; Borderline left median motor neuropathy; Right, distal medial sensory neuropathy; Bilateral ulnar sensory neuropathy; Left rotator cuff sprain; Decreased range of motion of the cervical spine; Decreased range of motion of the left shoulder; Myofascitis of the cervical, thoracic and lumbar spine; Left supraspinatus tendinopathy and impingement.

Plaintiff commenced the action with service of a Summons and Verified Complaint. Defendant moves, pursuant to CPLR § 3212 and Article 51 of the Insurance Law of the State of New York, for an order granting her summary judgment on the ground that plaintiff did not sustain a “serious injury” in the subject accident as defined by New York State Insurance Law § 5102(d). Plaintiff opposes defendant’s motion.

Published on: September 30, 2012

The question about what constitutes a severe injury

by Stephen Bilkis

The question about what constitutes a severe injury under the Insurance Laws of New York is one that is battled in court on a daily basis. The Insurance Laws of New York detail the guidelines that define a serious injury. Not every injury will qualify as serious under the statutes. In order for an injury to qualify as serious, the person must have lost a limb or the use of that limb. If the person is claiming that they lost partial use of the limb, they will have to provide objective evidence that shows exactly how much of a difference there is between what that person can do and what an uninjured person that person’s age is capable of doing with that limb. There must be an objective measurement of the difference. That measurement must be provided by a medical test that is performed by a medical doctor or chiropractor. If the test is subjective, it relies on the personal opinion of the doctor to interpret it. It will not be sufficient to keep the case from being dismissed. In fact, it can be so difficult to prove a serious injury, that it is routine for a defendant of a personal injury lawsuit to file a motion that the injury sustained by the complainant is not severe and requesting the dismissal of the case.

Anytime that a person is going to court for a personal injury, it is an emotional time. Most people who have sustained a serious injury have seen their lives completely altered overnight from the accident. They know that they were injured severely, and more often than not are offended by the suggestion that their injury is not severe. A court of law in Westchester is no place for sentiment. One of the advantages to having an attorney handle your case for you is that they are not offended by the suggestions or claims of the opposing side. It is critical to prove the injury objectively. Just saying that you are injured or even having a doctor say that you are injured is not sufficient to prove your case in a court of law.

The doctor that is seen will have to perform medical tests that clearly show the extent of the injury. That means that an MRI or CT Scan will not be sufficient on its own. In the case of spinal injuries, there are nerve conductivity tests that must be performed. These tests demonstrate the nerve damage that causes the pain. They are objective and there are numerical figures that are assigned to the amount of damage that is present. The doctor is then able to testify in court about a numerical figure provided by a test that was conducted without personal opinion input. Even then, the doctor’s testimony must be sworn or the report certified in order for the test results to be admissible.

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 18, 2012

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

by Stephen Bilkis

A 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 injuryin 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.