Injury Appellate Division Success

Fourth Department Appellate Division – Success Story

In this video, Attorney Richard Nicotra discusses a recent successful case involving the fourth department appellate division.  Contact one of our experienced personal injury Attorneys Near Buffalo NY if you were injured.

I recently won a victory at the Fourth Department Appellate Division wherein the defense made a motion to dismiss my client’s claim because their opinion was that she wasn’t injured seriously enough to bring a claim to receive compensation. In this particular situation, the young woman did not miss work. She did continue to work, so the defendant’s attorneys claimed that she was not sufficiently disabled or limited enough to qualify for any serious injury categories.

Through our motion papers and the medical documentation presented in our Appellate brief, the Appellate Court actually found that, although she did continue to work, we were able to prove that she was limited significantly enough in other areas of her life that, when taken as a whole, she should be allowed to qualify as having a significant limitation of a consequential nature to her musculoskeletal system, her neck and her back. Also, we were able to argue successfully that she had sustained a permanent consequential limitation, despite the fact that she was not totally disabled for that shorter time period under the first category.