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No-Fault Litigation in New York: Achieving Dismissals Under the Threshold Law

Streams live on Wed 07/23/2025 at 04:00PM GMT

Intermediate

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Course Price

$89


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Overview

Recent decisions in local courts have shaped the way we defend "serious injury" cases. This program will provide practitioners with successful methodologies in establishing the lack of "serious injury" under New York Insurance Law § 5102(d). Discovery protocols and foundations for successful motions will be discussed.

Learning Objectives: 

  1. Discuss what injuries rise to the level of a "serious injury" under New York's no-fault statute

  2. Provide essential discovery protocols to establish a timeline of treatment in order to determine if cessation or gaps in treatment exist

  3. Retention of appropriate experts to prove that plaintiff's injuries are either pre-existing, degenerative, or do not rise to the level sufficient to meet the threshold law

  4. Recent decisions in state and federal court reflecting the ability to dismiss under the "serious injury" threshold requirement, even where liability has been found against you

 



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