Car Accident Cases

As New York City population has grown, many are using public transportation. However, with cost of living in New York City being so expensive many who work in New York commute to their job. Some drive in every day. In addition, the outer boroughs like Brooklyn, Queens, Bronx, and Staten Island have many residents who drive cars each and every day to work.

Accordingly, at Leav & Steinberg, LLP we are often retained by client's to represent them for serious car accidents that result in serious injuries.

The law in New York has evolved in this field over the last 20 years. Under Section 5102(d) of the Insurance Law one can only sue a responsible party for personalinjuries if they have sustained one of seven qualifying injuries:

1. Death

2. Dismemberment

3. Fracture to a bone

4. Significant cosmetic scar

5. Significant Limitation of a body function or system

6. Permanent Consequential limitation of a body system or member

7. A medically determined injury that impairs one from performing all of their usual customary daily activities for at least 90 out of the first 180 days.

It is important as the client to keep in mind that documenting a serious injury is something that the law requires you to do. Those responsible for accidents will often make a motion before the trial to ask that the case be dismissed as the injured party did not prove that they sustained one of the seven injuries above. Leav & Steinberg, LLP faces these motions and have won nearly every one we have faced. Partly because we understand the law and can make sure our client is properly documenting his or her serious injuries in a manner that will be compelling not just to a jury but to a judge who may face such a motion.

Just this last month, Ed Averbuch of the firm was able to take a case where the client had bad back injuries but did not have much more than a few months of treatment and present this to a jury. Obviously the defense stated and tried to argue that the client did not have a serious injury and therefore should receive no compensation. We were able to present competent and credible medical evidence to show that the injuries were serious. The jury not only found that the client had a significant limitation but also a permanent consequential limitation. In doing so, the unanimous jury awarded our client $250,000.00 for his injuries; whereas the last offer was $10,000.00 from the defense. Along with the Brooklyn Eagle this case was reported by our firm's blog.

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