Our New York car accident lawyers won a major decision earlier this year, in the Westchester Supreme Court. Our Westchester personal injury lawyers won summary judgement on the issue of serious injury which means that the Westchester Supreme Court agreed that we established that the car accident victim’s injuries were serious as a matter of law.
This decision was a milestone because the New York Courts and many lawyers seem to be under the impression that only defendants are entitled to summary judgment on the serious injury issue. Typically defendants always move for summary judgment and try to get car accident cases dismissed. However, many personal injury lawyers have not thought to make a motion stating that the injured party is entitled to summary judgment. Our New York truck and car accident lawyers remain committed to fighting the good fight for people injured in a car accidents.
Under the serious injury law, the Courts have held that a Plaintiff can establish a prima facie case of serious injury, if they did not work for 90 our of the first 180 days following the accident. The Courts have also held that a Defendant cannot establish that the Defendant cannot meet its burden of proof where the Defendant’s doctor did not examine the car accident victim within six months following the accidnet because an examination years after the accident has no bearing on the injured person’s condition for the first six months following the accident. As a result, our New York car accident lawyers were able to prove that the Plaintiff was seriously injured as a matter of law. This takes away one major weapon from the defense lawyer’s trick bag at trial.
