Asked in Personal Injury for New York

Q: I was broadsided when a 17 year old driver went through a stop sign 2 years ago. i'm 61 years old,how long should it tae

I was taken to the hospital by ambulance, and had to have surgery on my left shoulder for a ripped tendon and torn rotor cuff then i had pt and my left arm still get's numb and i can't raise my arm past my shoulder

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1 Lawyer Answer
Mark A. Siesel
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Answered
  • White Plains, NY
  • Licensed in New York

A: I need to know more information to answer your question. First, is the case in suit, or is it still a claim only? Second, what County is the case proceeding in? If a lawsuit was started, and the case is pending in either Brooklyn or the Bronx, for example, 2 years is certainly not that long considering how congested the calendars in those two counties are. Another question is whether any motions have been made in the case. Believe it or not, I have two clients with similar injuries and fact patterns to yours, and in both cases, the defense lawyers have made motions to dismiss the cases based on the argument that a torn tendon with surgery does not automatically qualify as a "threshold injury" under the No-fault Law, as hard as that is to believe. (Ironically, the law is so crazy that a simple fractured toe or pinky woudl be sufficient to defeat this motion, but not necessarily soft tissue injuries with surgery). All these factors can delay a case substantially. You need to speak with your lawyer and find out which, if any of these issues are involved. Good luck and I hope you win!

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