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Posted by Edward Lemmo | Sep 13, 2021 | 0 Comments

Since the 1980s in a case called Licari v Elliot, the Courts have slowly eroded and tested motions by the insurance company  lawyers to defeat your accident claims , even if you were injured and the accident was not your fault. 

Insurance Law Section 5102(d) defines serious injury to mean an injury that  results in either " a permanent loss of use of a body function or system ; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system ie ( your peripheral nervous system or musculoskeletal system); or an injury of a non - permanent nature which prevents the injured party from performing  all of the material acts which constitute such persons usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence or injury.   

In hiring the right lawyer  for your auto or pedestrian accident case, you should retain an attorney who is well versed in the law and capable of interpreting your medical records and obtaining MRI reports or X rays or other objective tests to oppose the defendant ( insurance company's lawyers) ,motion to dismiss your case for " lack of serious injury".  During the course of the litigation the  defense has the right to send you to their doctor to examine you  and issue a report . Much of the time that doctor will make no findings or permanency or restriction of motion . When hiring a lawyer consider a lawyer who is able to fight these motions to dismiss your case and go to trial. 

That is why it is important , not to refuse medical attention at the scene of the accident , seek prompt treatment for your injuries, and obtain an attorney to represent you promptly to get your records and case evaluated. 

At Lemmo Law our motto is to plan our work and work our plan, so that even if you were needlessly harmed from a vehicle accident you can be evaluated by the proper medical professionals, and obtain reports , to defeat any motion by the insurance company lawyers to dismiss your case. 

About the Author

Edward Lemmo

Edward Lemmo Esq. of Lemmo Law TOP NYC PERSONAL INJURY LAWYER For over 34 years Edward Lemmo has distinguished himself as a one of the top personal injury lawyers in Manhattan , Bronx , Brooklyn and the Upper West side ,combining hard work and dedication to achieve positive results for his clients. Lemmo Law's philosophy is clear. We prepare every case as if it is going to trial .


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Edward Lemmo, Esq., is committed to answering your questions about Slip, Trip, & Fall accidents, Motor Vehicle Accidents, Construction Accidents, Wrongful Death, and Medical Malpractice law issues in New York.

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