Unfortunately, Buffalo personal injury attorneys see many cases where clients will never fully recover from their injuries. In car accident cases, one manner in which the injured party may prove that he or she suffered a serious injury under New York State law is to establish what is termed a “permanent consequential limitation” following an accident. A serious injury must be proven in all car accident cases to successfully obtain compensation for injuries.
In cases where a doctor has determined that an injury is permanent, the injured party may be told that he or she does not need any further treatment because it will not help. Such decisions should always be left in the hands of the patient in consultation with the medical provider – they should never be dictated by how discontinuing treatment may be portrayed by the adverse party in a personal injury lawsuit.
Fortunately, the New York Court of Appeals has ruled that even when a doctor has found an injury to be permanent years before trial, that finding – unless overcome by contrary evidence presented by the other party – remains valid. As a result, it is not necessary to continue treatment for the sole purpose of “looking injured” until the case is concluded. Instead, what must be proven is that the plaintiff has suffered a permanent limitation caused by the accident.
If you have been injured in a car accident and have any questions regarding this topic, please feel free to call my office at 716-542-5444.
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