What Is a "Permanent Consequential Limitation" - Keetick L. Sanchez
Note sull'episodio
From K L Sanchez Law Office, P.C. - What Is a "Permanent Consequential Limitation" in New York No-Fault Law? explores how New York’s serious injury threshold affects car accident victims seeking pain and suffering damages after a covered motor vehicle accident. This episode explains what a permanent consequential limitation means under New York No-Fault Insurance Law, why Insurance Law § 5102(d) matters, and how this threshold applies when an injury causes a lasting and meaningful limitation of a body organ or member.
Listeners will learn how permanent consequential limitation differs from permanent loss of use and significant limitation of use, along with the types of injuries and medical findings that may support a claim. The discussion covers spinal, orthopedic, and neurological injuries, including herniated or bulging discs, torn rotator cuffs, labral tears, meniscus injuries, ligament damage, radiculopathy, and measured range-of-motion loss. It also explains why objective medical evidence, such as MRI scans, CT scans, EMG testing, goniometer readings, physician narratives, and consistent treatment records, can be critical in a Queens car accident case.
The episode also examines common challenges raised by New York insurance companies, including treatment gaps, pre-existing conditions, Independent Medical Examinations, and arguments that an injury is not permanent, consequential, or related to the crash. It explains how no-fault benefits, Personal Injury Protection, economic loss, pain and suffering, and non-economic damages may interact in a New York motor vehicle injury claim. Listeners will also hear about important deadlines, including the general three-year statute of limitations under CPLR § 214, shorter deadlines for public-entity claims, and the 30-day no-fault notice requirement.
K L Sanchez Law Office, P.C. serves injured clients across Queens, Brooklyn, the Bronx, Nassau County, and the surrounding New York City area from its office in Jackson Heights. Attorney Keetick L. Sanchez, a lifelong New York resident, principal attorney of the firm, Touro College Jacob D. Fuchsberg Law School graduate, New York and Texas-admitted attorney, adjunct professor of law at Touro Law, and Super Lawyers Rising Stars honoree from 2022 through 2026, helps clients review medical records, address IME findings, identify serious-injury threshold issues, and evaluate next steps after a serious car accident.
K L Sanchez Law Office, P.C.
37-06 82nd St #304, Jackson Heights, NY 11372
(646) 701-7990