New York City Truck Accident Lawyer can help make sure that you get the recovery you deserve. It is important that the lawyer understands the aspects of the law which can both help, and hurt you. In order to help you better understand the law and process, we have highlighted an example case.
The Case By The New York City Truck Accident Lawyer
In this case a truck driver rear ended a woman. The New York City Truck Accident Lawyer helped the woman file an action against the defendants. The action was to recover damages for her personal injuries. She alleged that she sustained a serious injury. This is defined by Insurance Law § 5102(d). Under the categories of “permanent consequential limitation of use of a body organ or member” and “significant limitation of use of a body function or system.” Additionally she used a third category. “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.”
The Lawyer asked the court to decide the case before trial. The lower court granted the motion. The case went to trial on the issue of damages only. At trial, the plaintiff testified that she had never injured her left shoulder. Additionally, she never had any problem with it prior to the accident. On the day after the accident, she experienced excruciating pain in the area of her left shoulder.
The victim missed approximately seven months from work as a result of her shoulder injury. At trial she still had pain in her shoulder. She also said it was now weaker than her right shoulder. Further, the plaintiff’s medical expert, testified that she lost motion in her shoulder. He found that her left shoulder abduction was 120 degrees instead of the normal 180 degrees and her lateral rotation was 25 degrees. This is almost half of the normal lateral range of motion. He testified that when he did surgery, he observed injuries which were traumatic.
The defendants did not call their own medical witness. At the close of the evidence, the legal team moved pursuant to CPLR § 4401. This asks for judgment as a matter of law on the issue of whether her left shoulder injury was a serious injury. It must be serious within the meaning of Insurance Law § 5102(d) that was causally related to the subject accident. The defendants cross-moved pursuant to CPLR § 4401. In effect, for judgment as a matter of law in their favor on the grounds that the plaintiff did not sustain a serious injury. The court granted the plaintiff’s motion and denied the defendants’ cross motion. The jury awarded the plaintiff $150,000 for past pain and suffering. They also gave $100,000 for future pain and suffering. The defendants appealed.
New York City Truck Accident Lawyer Results
The Second Department affirmed the lower court’s decision holding. The New York City Truck Accident Lawyer submitted unrefuted evidence to support her claims. The Second Department held that “there was no rational process by which the jury could find that the plaintiff did not sustain a serious injury. Accordingly, the Supreme Court properly granted the plaintiff’s request. In addition, the Second Department affirmed the jury’s verdict in its entirety. It held that the sums of $150,000 for past pain and suffering and $100,000 for future pain and suffering are reasonable awards.
The legal process that occurs after a truck accident isn’t an easy one. That is why it is very important to contact an experienced law firm that can guide you through everything.