The defense of auto liability cases has traditionally been a main stay of the work performed by attorneys at Connors & Connors, P.C. Whether it is a case to defend on liability, a case to defend on damages or a case to defend on both issues, our attorneys are fully familiar with the arguments to be advanced in the zealous defense of our clients.
Section 5102 of the Insurance Law of the State of New York defines a "serious injury" and the threshold which must be met by the plaintiff in order to succeed in proving his/her claim. When appropriate, we encourage our clients to move to dismiss the plaintiff's complaint on the grounds that the plaintiff did not sustain a serious injury as defined by Section 5102 of the Insurance Law. It is our experience that both the trial and appellate courts are willing to consider a properly made "threshold" motion.
On the issue of liability, it also has been our experience that courts are more willing to entertain motions to dismiss, prior to the completion of discovery when no proof can be submitted in opposition to a convincing affidavit on the issue of liability. (i.e. rear end impacts and failure to observe a stop sign in co-defendant cases).
On the issue of damages, we have recently become familiar with a group of expert witnesses in which each individual is both a physician and an engineer. The group's expertise is quite helpful in presenting a bio-mechanical defense to various types of injuries on the issue of causation.
At Connors & Connors, P.C. our goal is to identify our client's likely exposure and develop a strategy to mitigate same.