The Parts of a Motor Vehicle Accident Case

Being involved in a motor vehicle accident is a necessary but not a sufficient basis in the eyes of New York State Law to get the right to be made whole for the losses done to you by the accident. Many people think that if they suffer losses in a motor vehicle accident, they, ipso facto, get the right to be made whole. This is a a misunderstanding. A motor vehicle accident case does not consist of only one (1) part. There are four (4) parts to a motor vehicle accident case.

1. a negligent motorist
2. injuries
3. a causal connection between the accident and the injuries
4. the magnitude of the injury must rise above a vague, ill defined, imaginary line. The name of the line is the serious injury threshold. A description of this vague, ill defined, imaginary line can be found in New York State Insurance Law §5102(d) where the definition of a serious injury is found.  Can you understand it? Most lawyers and judges don't either. It is a moving target.  Defendants argue that a plaintiff's injuries are not serious but minor. Plaintiffs argue that a plaintiff's injuries are not minor but serious.  The jury is given the description of a serious injury found in New York State Insurance Law §5102(d) and applies it to the evidence that was presented during the trial to decide whether the injuries are minor or not.

The plaintiff must present evidence at a trial that proves all four (4) of the parts of a motor vehicle accident case. If the plaintiff only proves three (3) out of the four (4) parts, the plaintiff loses the entire case. There is no victory in coming close. All a defendant needs to do is knock out one (1) of the four (4) parts and the defendant wins. That is why it is easier to be a defendant than a plaintiff.  A defendant picks out the weakest of the four (4) parts and hammers away.

Sometimes it is unclear immediately after an accident whether or not the injuries of an injured person have the magnitude to get passed the serious injury threshold.  All of the other three (3) parts of a motor vehicle accident case are usually clear right after the accident but sometimes not the magnitude of the injuries.  Time needs to pass to see whether the consequences of the injuries rise or fall. At Bosco and Mascolo, Esqs. LLP we accept motor vehicle accident cases immediately if the other parts are strong even though the magnitude of the injuries is unclear. This way we can make sure everything is done right. After about six (6) to nine (9) months post accident, we can tell, having collected and reviewed the medical evidence, whether the evidence of the magnitude of the injuries is sufficient to continue to pursue a case. If it is, the case goes on. If not, we let you know.