New York is a no-fault insurance state. This means, in part, that a person hurt in a collision generally cannot recover damages from the party that caused the collision unless they demonstrate they suffered serious harm. In a recent New York ruling issued in a matter arising out of a collision, the court discussed what constitutes a serious injury and what evidence a plaintiff must offer to prove that such injury occurred. If you were hurt in a collision, it is in your best interest to speak to a skilled Syracuse car accident lawyer to discuss your rights.<\/p>\n
The Facts of the Case<\/strong><\/p>\n It is alleged that the plaintiff and defendant were involved in a collision in May 2018. The plaintiff suffered injuries to his left knee and shoulder, and spine due to the accident. He underwent surgery on his left should in February 2019 and on his left knee in August 2019. He subsequently filed a personal injury lawsuit against the defendant, seeking compensation for his injuries. The defendant moved for summary judgment, arguing that the plaintiff failed to show that he suffered a serious injury as required to proceed to trial pursuant to New York\u2019s no-fault insurance law. The court ultimately denied the motion.<\/p>\n Serious Injuries in Car Accident Cases<\/strong><\/p>\n The court explained that the New York no-fault<\/a> insurance law provides, in relevant part, that in any action in which one covered party seeks compensation from another covered party for personal injuries arising out the negligent operation of a motor vehicle, there is no right of recovery for non-economic losses except in cases involving serious injuries. In turn, a serious injury is defined as one that causes a permanent consequential limitation of the use of a body part or organ, a substantial limitation of a bodily system or function, or a medically determined impairment or injury that prevents a person from performing the acts of daily life for at least ninety days during the six months following a collision. Continue Reading \u203a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" New York is a no-fault insurance state. This means, in part, that a person hurt in a collision generally cannot recover damages from the party that caused the collision unless they demonstrate they suffered serious harm. In a recent New York ruling issued in a matter arising out of a collision, the court discussed what […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-3284","post","type-post","status-publish","format-standard","hentry","category-car-accidents"],"yoast_head":"\n