Peer report is sufficient to prima facie prove lack of serious injury (Ins Law Sec. 5102[d])

If you were injured due to someone else’s careless actions, we understand the challenges you may be facing. As a victim or a surviving family member, you could be dealing with the life-altering consequences of a serious accident.

Fisher v Hill, 2014 NY Slip Op 00830 (4th Dept. 2014)

It is infrequent that I post on the serious injury threshold.  But a Plaintiff on a PI case that I am handling rejected a 3101(d) based upon the fact that our expert will be the classic peer reviewer.  He will look at the EBT testimony, medical records, Bill of Particulars and testify that Plaintiff did not sustain a “serious injury”  since the injuries were not causally related to the loss.

“In support of their motion, defendants submitted medical records and the affirmed report of a neuroradiologist who examined plaintiff’s medical records at defendants’ request.  The neuroradiologist concluded that the objective medical findings related only to a preexisting condition in plaintiff’s spine. “[W]ith persuasive evidence that plaintiff’s alleged pain and injuries were related to a preexisting condition, plaintiff[s] had the burden to come forward with evidence addressing defendant[s’] claimed lack of causation” and, here, plaintiffs failed to meet that burden”

Facebook
Twitter
Email
Print

Latest Article

DON'T ACCEPT LESS THAN WHAT YOU'RE OWED!

Choosing the right legal representation is one of the most critical decisions you can make after an accident.

Partnering with a skilled, experienced, and dedicated personal injury attorney can bolster your case and position you to secure the full financial compensation you’re entitled to.

Our firm is ready to manage every aspect of your case, including negotiations with insurance companies. We reject inadequate settlement offers and relentlessly fight for the maximum compensation you rightfully deserve.

Contact Us – We’re Here to Help


    5-Star Rating on Google