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

• 1 Permanent loss of use requires a total loss to qualify as a serious injury
• 2 Bulging or herniated discs require objective functional limitations, not imaging alone, to meet the threshold
• 3 Use discovery and deposition questions to document treatment timeline and expose gaps or cessation of care
• 4 Retain radiologists, spinal surgeons, and biomechanical experts to compare pre/post films and contest causation

Based on transcript analysis