A Nassau Auto Accident Lawyer said that, defendant, moves pursuant to CPLR §3212 for an order granting summary judgment in his favor, dismissing Plaintiffs’ complaint, alleging that the injuries sustained by Plaintiffs’, do not satisfy the “serious injury” threshold requirement of Insurance Law §5102(d). This action arises out of a motor vehicle accident that occurred on December 5, 2008. As a result of the accident, plaintiff allegedly sustained serious personal injury, including but not limited to, cervical radiculopathy and lumbosacral radiculopathy.
A Nassau Spinal Iinjury Lawyer said that, the other plaintiff also allegedly sustained serious personal injuries, including but not limited to, disc bulging at L2-3, L3-4, and L4-5; cervical radiculopathy; and lumbosacral radiculopathy.
The issue in this case is whether plaintiffs sustained serious injury as defined under Insurance Law.
In a motion for summary judgment the moving party bears the burden of making a prima facie showing that he or she is entitled to summary judgment as a matter of law, submitting sufficient evidence to demonstrate the absence of a material issue of fact. The failure to make such a showing requires denial of the motion, regardless of the sufficiency of the opposing papers. Once this showing has been made, however, the burden shifts to the party opposing the motion for summary judgment to produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial of the action. The primary purpose of a summary judgment motion is issue finding not issue determination, and it should only be granted when there are no triable issues of fact.
Within the context of a summary judgment motion that seeks dismissal of a personal injury action resulting from a motor vehicle accident for the alleged failure of the plaintiff to sustain a “serious injury” within the meaning of Insurance Law §5102(d), the defendant bears the burden of establishing a prima facie case that the plaintiff’s injuries do not meet the threshold requirements of the statute. Upon such a showing, it becomes incumbent on the plaintiff to come forward with sufficient evidence, in admissable form, to demonstrate the existence of a question of fact on the issue. The court must then decide whether the plaintiff has established a prima facie case of sustaining a “serious injury”.
Insurance Law §5102(d) defines “serious injury” as a personal injury which results in: (1) death; (2) dismemberment; (3) significant disfigurement; (4) a fracture; (5) loss of fetus; (6) permanent loss of a body organ, member, function or system; (7) permanent consequential limitation of use of a body organ or member; (8) significant limitation of use of a body function or system; or (9) 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 (90) days during the one-hundred-eight (180) days immediately following the occurrence of the bicycle injury or impairment.
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If you want to claim damages for injuries sustained in an auto accident, there is a need to prove serious injuries exist. Nassau Personal Injury Attorney and Nassau Car