Feldman, Kronfeld & Beatty Law Blog

Friday, September 11, 2015

Smith v. Roberts: Motor Vehicle Accidents, Surgeries, and Time Out of Work

In every motor vehicle accident case, an injury that leads to a surgery may not allow the plaintiff a full recovery. In the recent case of Smith v. Roberts decided by the 1st Department Appellate Division, the plaintiff only missed three days of work following the accident. The Court found that the year of work that the plaintiff missed following a surgery that was conducted several months after the accident did not contribute to the proving of a serious injury (in particular, the 90/180 day requirement) that is necessary for plaintiffs to seek recovery in motor vehicle accident negligence actions. Furthermore, the plaintiff was not able to prove a permanent consequential injury to the plaintiff's knee.

Anyone who has a potential motor vehicle accident case in New York City should immediately contact a personal injury lawyer who has experience dealing with no-fault and auto insurance companies to protect that person's rights. A small mistake can be the difference between recovery and dismissal during the motion and appeals process.

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