Legal Question in Personal Injury in New York

eggshell skull?

I was rear ended @ 4-way stop @ low speed, min. damage to my car bent lic. plate on other drivers car. (New York) I sustained neck sprain, muscle spasms, headaches & severe anxiety, panic dis., ptsd symptoms. (on going)I was in severe mva 1998 many inj., hospitalized 4 1/2 mos, & situational anxiety (bad weather long trips). I continue treatment PT 2x wk, RX's for neck & Anxiety counseling every 2 wks ongoing 4 mos now. I am curious as to the liklyhood of these injuries qualifying as 'Serious' under NY Ins Law? I am also wondering if 'Eggshell skull law' applies due to the Exacerbation of my Anxiety condition which prior to the rear end mva, I had not taken any meds for since 1998. In addition I had never needed to receive counseling for it and now it it so severe I have problems just leaving my home! This rear end mva has effected my already limited life severly. (I have physical limitations f/1998 mva). The impact of an acute injury on top of ongoin chronic pain and health issues is devastating and my Dr & PT both agree it is making it very hard for my body to handle and heal these recent injuries. Thank you for any advice you can give me. jinxd


Asked on 9/17/07, 11:32 am

1 Answer from Attorneys
Jason A. Richman Jason A. Richman, Esq.

You can read the serious injury section for free on the web

Copy and paste the link below to go to the page that has 5102(d). I also copied the pertentent information below.

A serious injury determination without the obvious qualifying injury like a fracture is always a close call and needs a review of the records from this accident and its treatment.

If you would like to discuss this with me I am in Rochester at 5853195334

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

(d) "Serious injury" means a personal injury which results in death;

dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or 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 days during the one hundred eighty days immediately following the occurrence of the injury or

impairment.

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Answered on 9/18/07, 7:19 am


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