Serious personal injury

In order to be successful on an automobile "personal injury" claim, a plaintiff must prove that her injuries met the personal injury "threshold." What injuries meet the threshold is a topic often discusses by the Courts. Recently the Court in Ballard v. Cuneen, 2010 NY Slip Op 06771, found that the defendant's failed to allege sufficient information establishing that the plaintiff's injuries did not meet the threshold. In particular the Court held that the defendant's own doctor found that the plaintiff had limited range of motion in her spine. Additionally, the Court held that the defendant's never addressed plaintiff's claim that that she sustained a medically-determined injury or impairment of a nonpermanent nature which prevented her from performing substantially all of the material acts which constituted her usual and customary daily activities for not less than 90 days during the 180 days immediately following the accident.