No-Fault Litigation in New York: Achieving Dismissals Under the Threshold Law
Streams live on Wed 07/23/2025 at 04:00PM GMT
Intermediate
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:
Discuss what injuries rise to the level of a "serious injury" under New York's no-fault statute
Provide essential discovery protocols to establish a timeline of treatment in order to determine if cessation or gaps in treatment exist
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
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
Credits
Faculty
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