Legal Question in Personal Injury in New York
I was in a car accident that as not my fault a year ago. A cab driver in NYC ran a red light and hit my car. The cab driver was ticketed at the scene and their was a witness who told the police exactly what happened. I was driving and my fiance was the passenger. I have a pinched nerve in my neck and back. My Fiance had to get surgery on his knee. We tried to sue the other driver together but the lawyer said I did not have a good enough case and just took on my fiance's case. My fiance is suing the other driver and his insurance company for negligence and as a result the other driver & his insurance company are now suing me.
1. Is it standard for them to try and sue me? What are the possible outcomes of this situation?
2. Do I have a case against them ?
Thank you for your help!!
5 Answers from Attorneys
What are your injuries and when did the accident occur?
You very well may have a valid case against the taxi. I would need more information. Please feel free to contact me directly. Sherri L. Plotkin, Esq.; Barton Barton & Plotkin LLP; 420 Lexington Avenue, New York, NY 10170; 212-687-6262
1. yes
2. Not enough information is given to answer this.
In New York you must have sustained a serious injury in order to receive a potential award.
At this point it would be important to leave you all of your medical records and the police report.
You can call 888-487-6735 and talk to Mr. Rosenberg. Tell him Stuart sent you.
Best wishes.
It would be a conflict of interest for one lawyer to represent both a passenger and a driver. Since your fiance was the passenger, and had surgery, the lawyer predictably viewed her case as the more desirable. She will sue the drivers/owners of both cars, and likely collect from two insurance companies. You, too, may have a successful case against the taxi, provided you prove both that the taxi driver was at least partly responsible for the accident, and that you suffered a "serious" injury under the definition in the law. You should meet with a lawyer, and bring all medical documentation with you. Best, M. E. Zuller (212-279-8833, ext. 11)
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