Legal Question in Personal Injury in New York

My wife and son were in a car accident. The man that caused the accident was having chest pains when this happened. According to our lawyer, because the man was having chest pain this would reduce our pain and suffering part of the claim. Is this true?


Asked on 1/28/10, 11:57 am

1 Answer from Attorneys

Joseph Macaluso Macaluso & Fafinski

I believe what your lawyer may be referring to is that the defendant's medical condition may be used to absolve him from liability, ie., it wasn't my fault, because I had a medical issue which prevented me from operating my vehicle properly. Assuming that the defendant was not negligent in creating the medical issue, ie. failing to take medication he should have, this is a defense which can present a problem for a plaintiff. The other issue is, though, did the chest pains occur before or as a result of the accident. You will need to depose the defendant to get more information.

Joseph G. Macaluso

Macaluso & Fafinski, P.C.

One Fordham Plaza, Suite 901

Bronx, NY 10458

(718) 364-4000

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Answered on 2/02/10, 12:19 pm

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