Collateral Estoppel?
Explore collateral estoppel: why default judgments don't preclude later suits & when courts can depart from other departments' rulings.
Read More →Causation
51 articles by Jason Tenenbaum, Esq.
New York Personal Injury Law: Proving Causation in Accident Cases
Learn how to prove causation in NY personal injury cases. Expert analysis of Parisien v Allstate case and causation challenges. Call 516-750-0595.
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Understanding Causal Relationship in New York Personal Injury Cases: Legal Guide
Learn how to prove causal relationship in New York personal injury cases. Expert legal guidance on causation challenges, medical evidence, and winning strategies. Call 516-750-0595.
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Understanding Medical Causation in New York Personal Injury Cases: Expert Analysis Requirements
Learn NY medical causation requirements for personal injury cases. Expert guidance on causation analysis from experienced Long Island attorneys. Call 516-750-0595.
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The need for contemporaneous records
Second Department clarifies that contemporaneous medical examinations aren't required to defeat summary judgment motions under Insurance Law § 5102(d).
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Causation in Personal Injury Cases: Understanding 5102(d) Standards in New York
Understanding causation standards in NY personal injury law. Expert analysis of 5102(d) requirements, medical evidence & expert testimony. Call 516-750-0595.
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Another arbitration only rule bites the dust
NY Appellate Division vacates arbitral award in no-fault insurance case, requiring de novo hearing on causation for post-accident medical equipment claims.
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Pre-Existing Injuries in New York Personal Injury Cases: What You Need to Know
Learn how pre-existing conditions affect NY personal injury cases. Expert legal guidance for Long Island accidents. Call 516-750-0595 for free consultation.
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Junk science?
Court case analyzing biomechanical expert testimony and causation standards in New York personal injury law, focusing on delta-v calculations and serious injury thresholds.
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Causation on a degeneration
Court ruling shows how plaintiffs can overcome preexisting condition defenses in personal injury cases by proving conditions were asymptomatic before the accident.
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There was no accident
Pavlova v Allstate case analysis: when insurers successfully prove "no accident occurred" through examination under oath testimony to deny no-fault coverage claims.
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Proof of causation
New York personal injury case law on proving causation in accident claims. Analysis of Hernandez v Marcano regarding medical evidence requirements and causal connection standards.
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Out of scope – out of mind
Appellate court ruling on expert witness qualifications in personal injury cases - physicians must establish foundation when testifying outside their specialty area.
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Degeneration from the App Div
Court dismisses personal injury case where plaintiff failed to prove spinal injuries caused by accident rather than degeneration, highlighting critical causation requirements.
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Causation properly went to the jury
Court ruling shows how inconsistent testimony and medical records can undermine causation in personal injury cases, allowing jury to determine if accident caused injuries.
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Cessation of treatment/Pre-existing injuries/Commentary
NY court ruling on cessation of treatment and pre-existing injuries in personal injury cases. Analysis of burden shifting and causation requirements.
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Causation – interesting observations
Court rules on causation in personal injury case where plaintiff had prior accident but fully recovered before sustaining new cervical spine injuries.
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The injuries are “not-related” peer review in a 5102(d) case
Court accepts peer review in 5102(d) case where defendant successfully challenges causation claims using medical records showing no ACL injury and delayed treatment.
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Preclusion of bio-mechanical opinion
Dovberg v Laubach case analysis: Second Department precludes biomechanical expert testimony lacking proper foundation in peer-reviewed literature and empirical data.
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Lack of causation not established on a peer review
Court rules IME doctor's contradictory causation statements and failure to review key medical records insufficient to establish lack of causation in no-fault case.
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Failure to review actual images insufficient to defeat causation MSJ
Court grants summary judgment where plaintiff's expert failed to review actual ultrasound images, only relying on reports in medical malpractice causation dispute.
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Minor impact and expert report sufficient to prove lack of causation
NY court rules minor impact and expert testimony can prove lack of causation in personal injury cases. Key case analysis for attorneys handling accident claims.
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This is what Perl spoke up against
Court ruling demonstrates how failure to report injuries or seek immediate medical treatment can undermine causation claims in personal injury cases.
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Causation defense not substantiated in intercompany arbitration
Court upholds intercompany arbitration award where causation defense fails - DTG Operations v Travelers case analysis on injury causation standards.
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Serious injury, causation and the ability to recover
Court ruling shows how lack of causation in knee injury claims can bar recovery even when serious injury threshold is met for other injuries.
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Causation not proved
Court dismisses personal injury case where plaintiff failed to prove causation between car accident and cervical injuries, distinguishing new trauma from preexisting neck condition.
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A good causation case
New York Court of Appeals case demonstrates how timing gaps between accidents and medical complaints can break the causal chain in personal injury claims.
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Contemporaneous medical records sufficient
Court ruling demonstrates how contemporaneous medical records can establish causation between accidents and injuries, with implications for no-fault insurance claims.
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Triable issue of causation established
Court establishes triable issue of fact on causation in personal injury case, highlighting importance of medical expert testimony and comparative MRI evidence.
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It did not work the second time around
New York appellate court decisions show inconsistent rulings on no-fault insurance medical necessity and causation claims, highlighting unpredictable outcomes.
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Break in the chain of causation
New York court ruling on causation breaks when injury treatment is delayed 6 months after motor vehicle accident, making medical opinions speculative.
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Permanent consequential v. Significant limitaton – the value of early surgery
Analysis of Sutliff v Qadar case examining permanent consequential vs significant limitation standards under 5102(d), highlighting the importance of early surgical intervention for personal injury claims.
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Biomechanical Engineer allowed to testify
Landmark 2014 Vargas v Sabri case allows biomechanical engineers to testify on motor vehicle accident causation without medical credentials in New York courts.
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Trial De Novo granted and declaration of non-coverage granted
Nassau County court grants trial de novo and declares no coverage in Allstate v. Phelps case, finding stroke treatment unrelated to motor vehicle accident.
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Proof that the injury was pre-existing was not refuted
Get expert legal analysis on Proof that the injury was pre-existing was not refuted from Law Office of Jason Tenenbaum | Personal Injury Lawyers
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Causation speculative after trial; 4404(a) motion granted and $200,000 jury verdict vacated
Court vacates $200,000 jury verdict in personal injury case due to speculative causation evidence, granting defendants' CPLR 4404 motion after trial.
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Chubb defense substantiated and unrebutted on this record
Court dismisses no-fault claim when medical provider's bare-bones affidavit fails to rebut insurer's causation defense with factual basis or address contrary expert findings.
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Absence of a business record entry = no motor vehicle accident
Expert analysis of Jesa Med. Supply v NYC Transit Authority and business records evidence. Learn how absent records affect personal injury cases in NY.
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Oh Pearl
Expert analysis of medical causation in NY personal injury cases when experts disagree. Learn how Grant v United Pavers protects your rights. Call 516-750-0595.
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A 2007 causation case – affidavit insufficient
2007 New York case shows how conclusory medical expert affidavits fail to establish causation in personal injury claims, highlighting importance of substantive evidence.
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Guidance on how to defeat a lack of causation motion regarding injury to a knee
Learn how to defeat lack of causation motions in knee injury cases. Expert guidance on establishing causal relationship between accidents and injuries in NY.
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Lack of causal relationship motion denied based upon evidence that the injured person was "asymptomatic" prior to the motor vehicle accident
Court denies lack of causal relationship motion when plaintiff was asymptomatic before motor vehicle accident, despite prior injuries and degenerative changes.
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Triable issue of fact found as to the issue of whether an injury was causally related to a motor vehicle accident
Court finds triable issue of fact on injury causation in motor vehicle accident case despite strong radiological evidence showing pre-existing degenerative condition.
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Broke the chain of causation
New York appellate court ruling demonstrates how a patient's failure to follow medical instructions can break the chain of causation in malpractice cases.
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Causation defense rebuffed – notice the subtleties of this case
Court case highlights crucial distinction between reviewing MRI reports versus actual films when defending against causation claims in personal injury cases.
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Understanding New York’s One Year Rule in No-Fault Insurance Claims
Expert analysis of New York's one year rule in no-fault insurance claims. Nassau County & NYC personal injury lawyer explains ascertainability requirements. Call 516-750-0595.
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Neurologist’s Insufficient Affirmation: Understanding Causal Connection in Personal Injury Cases
Learn how conclusory medical opinions can be challenged in NY personal injury cases. Expert legal analysis of Frias v James case. Free consultation - Call 516-750-0595.
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Understanding the Lobel Effect: No-Fault Insurance and Personal Injury Law
Learn how no-fault arbitration can destroy your personal injury case through collateral estoppel. Expert legal analysis from experienced Long Island attorney.
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How Medical Expert Testimony Can Make or Break Your NY Personal Injury Case
Learn how medical expert testimony affects personal injury cases in NY. Discover why proper medical evidence is crucial for overcoming preexisting condition defenses.
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Affirmed, Reversed, and Modified on Summary Judgment: Key Causation Lessons
Learn how New York courts evaluate medical evidence in personal injury cases through key appellate decisions on causation, expert testimony, and preexisting conditions.
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Causation – Be aware of seeking a trial de novo after a master arbitrator affirms an award
Learn how to prove causation in NY no-fault insurance claims. Expert analysis of State Farm v Stack case for Long Island and NYC accident victims.
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