A pedestrian was struck by a car. The driver of the car was uninsured at the time of the accident. The pedestrian was taken to a hospital emergency room for treatment. He also, at a later date, received treatment for pain from the injuries.The pedestrian did not miss any time at work. He incurred no medical expenses since all the expenses were paid for by the defendant, the Motor Vehicle Accident Corporation.
The pedestrian brought a lawsuit for past and future pain and suffering. Judicial Hearing Officer Nadelson, sitting in the Civil Court of Kings County, found that the pedestrian only had soft tissue injuries involving sprains, muscle spasm and disk bulges. His decision was that these injuries were not sufficient to meet the heavy burden on individuals in car accidents to prove a “serious injury.” The court found that the injuries suffered by the pedestrian were not permanent and did not meet the threshold of a serious injury. The pedestrian’s claim that he suffered an inguinal hernia were not supported by the evidence. The pedestrian did not recover any monetary damages.
If you are in a car accident and sustain a serious injury, we can help you. The Law Offices of Schlissel DeCorpo, for more than 30 years, have represented both men and women involving personal injuries. Our firm litigates car accidents, truck accidents, slip and fall cases, wrongful death and other types of personal injury cases. Call for a free consultation.