Car Accident Injury

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 13, 2012

Plaintiff alleged that a car accident occurred on September 15, 2002

by Stephen Bilkis

This involves a case where the court granted defendant’s motion for summary judgment dismissing the plaintiff’s complaint for failure to prove that the latter suffered serious injury threshold requirement of Insurance Law Sec. 5102 (d).

Plaintiff from The Bronx alleged that a car accident occurred on September 15, 2002 at approximately 5:15 p.m. at the intersection of Carman Avenue and Choir Lane in the Town of Hempstead, New York. Plaintiff claimed that as a result thereof, she suffered serious injuries. At her oral examination before trial, the Plaintiff testified that she had a preexisting spinal injury to her lower back from another car accident in 1988. After being treated for the injuries from that accident, the Plaintiff continued treating with a chiropractor for occasional discomfort to her back, “as needed,” rather than having a set schedule of appointments. Following the subject accident, it was suggested by multiple doctors that the Plaintiff undergo surgery and/or physical therapy, but she declined and chose to continue seeing the chiropractor instead. The Plaintiff also declined pain medication immediately following the accident, preferring over the counter medication. But plaintiff admitted she had her first doctor visit for medical expert opinion after 18 months from the accident. Following the accident, Plaintiff testified to having trouble bending over, walking long distances, participating in her children’s activities, dancing, hiking and brushing her teeth. Plaintiff claimed that she had some occasional discomfort in her back prior to the subject accident, and that the accident exacerbated that pain into a chronic condition.

The Court in Brooklyn held that Plaintiff’s claims that her injuries satisfy the 90/180 category of Insurance Law § 5102 (d) are unsupported and contradicted by her own testimony wherein she states that she only missed a week and a half of work and was confined to her home or bed for one week. Additionally, the Plaintiff does not provide any evidence that she was “medically” impaired from doing any daily activities as a result of this accident for 90 days within the first 180 days following 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 7, 2012

This involves a case where the court ruled that plaintiff failed to demonstrate a prima

by Stephen Bilkis

This involves a case where the court ruled that the Westchester plaintiff failed to demonstrate a prima facie case that he suffered serious spinal injury within the meaning of Insurance Law Section 5102 (d).

Plaintiff, age 24, alleged that on August 21, 2006, at approximately 11:20 a.m., a motor vehicle owned and operated by him came into contact with a vehicle owned by defendant owner and operated by defendant driver. The car accident occurred on Old Country Road, at its intersection with Frost Street, County of Nassau. Defendants moved for an order dismissing plaintiffs complaint pursuant to CPLR §3212, on grounds that plaintiff failed to sustain a “serious injury” within the meaning of Insurance Law §5102(d).

Insurance Law §5102(d) provides that a “serious injury means a personal injury which results in (1) death; (2) dismemberment; (3) significant disfigurement; (4) a fracture; (5) loss of a fetus; (6) permanent loss of use of a body organ, member, function or system; (7) permanent consequential limitation of use of a body organ or member; (8) significant limitation of use of a body function or system; or (9) a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment” (numbered by the Court). The Court’s consideration in this action is confined to whether plaintiffs injuries constitute a permanent consequential limitation of use of a body organ or member (7) or significant limitation of use of a body function or system.

Published on: September 5, 2012

A complainant woman commenced an action for her claimed of personal injuries

by Stephen Bilkis

A complainant woman commenced an action for her claimed of personal injuries resulting from a motor vehicle accident.

According to the woman’s statement, after the accident the police responded to the scene but an ambulance did not arrive. The woman then exited her vehicle unassisted, without any pain in any part of her body and was capable of driving her vehicle from the scene to her workplace. The woman testified that she first sought medical attention when she felt some pain in her lower back and headaches. X-ray examinations were taken and chiropractic treatment was rendered by a physician. She further testified that she was treated by the same physician regularly until the winter and eventually discontinued the treatment. Thereafter, she received physical therapy two or three times per week for a few months. She also testified that she visited an orthopedist on three or four occasions.

The woman no longer receives medical treatment for injuries allegedly sustained as a result of the accident, nor does have any future medical appointments scheduled. She testified that she was confined to her bed for one day as a result of the accident and missed less than one week of work. The court notes that the testimony contradicts the woman’s bill of particulars.

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 27, 2012

On June 10, 2007, a woman, driving a Nissan was rear-ended by a BMW

by Stephen Bilkis

On June 10, 2007, a woman, driving a Nissan was rear-ended by a BMW as it was stopped at the intersection of Merrick Road and East Shore Drive. As a result of this accident the woman sustained a spinal injury: she had swollen discs and a severe sprain of the lumbar spine. She asserts that two weeks after the accident occurred, she was ordered to rest in bed by her Manhattan doctor. She was also confined to her home and could not go to work until after another four weeks.

She claims that after the accident, she could no longer play volleyball or do gardening. She cannot stand or sit for more than thirty minutes. Fifteen months after the accident, the woman joined a local gym where her favourite workout was on the recumbent bicycle.

The defendant owner and driver of the BMW that allegedly rear-ended her Nissan filed a motion for summary judgment. He claims that the complaint should be dismissed because the woman failed to state that the spinal injury she sustained is a serious injury. She also failed to state which classification of serious injury she falls under. There are five categories of serious injury under the Insurance Law: death, dismemberment, significant disfigurement, fracture or loss of a fetus, total loss of use of a body organ, function or system.

Published on: August 25, 2012

A man and his girlfriend rented a car from a car company and brought their kids to school

by Stephen Bilkis

A man and his girlfriend rented a car from a car company and brought their kids to school. The school’s driveway allowed cars to go only one way. When they neared the entrance and the children had gotten off, their rental car was sandwiched between two school buses that were also letting children off. When the bus in front of their rental car went forward, the couple moved their car but hit the school security guard who was standing near the front of the rental car driven by the couple.

The security guard was hit in his right knee for which reason he fell on the hood of the couple’s rental car. The defendants claim that they never struck the security guard. He stood in front of their rental car and struck the hood of the car with his palm to stop them from moving.

The security guard filed a suit in damages against the couple and against the rental car company and their insurers. He claims to have sustained serious spinal injury especially of the lower back, the hip and his right knee joint.