Legal Question in Personal Injury in New York

not at fault claim

hi i was involved in a serious car accident 2 years ago.it was a head on collision in which i was mercy flighted,had serious injuries numerous surgeries and still have 2 to go,,the at feault driver received a broken pinkie finger..please tell me how it is worked out how much money you get from having a serious accident,,i had a friend with trivial injuries and she received $350,000..i am told by my lawyer that f im anm lucky illget $100,000..how can this be is my lawyer doing the right thing by me or is he to lazy to proceed with this claim poperly im sorry i cant understand how it is worked out.the money difference here is huge and my injuries were horrific.looking forward to your reply.


Asked on 1/20/04, 1:47 am

4 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: not at fault claim

You fail to indicate how much insurance coverage the other vehicle had or whether your vehicle had underinsured coverage. Suggest you speak with your attorney.

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Answered on 1/20/04, 8:29 am
Andrew Frisch Morgan & Morgan, P.A.

Re: not at fault claim

It is not possible to evaluate your situation without additional details. Probably the single most important additional facts required for a proper analysis of your case are the limits of the potential defendants' insurance policies and the amount of their individual assets (to determine whether you would be able to collect money above and beyond their insurance).

My office has over 60 years combined experience handling serious injury cases. Feel free to call me at (877)NYC-LAW1 or (877)692-5291 24 hours a day/7 days a week for a free consultation and to discuss your case further.

As with all matters, your case is handled on a contingency basis with no fees paid until the conclusion of your case.

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Answered on 1/20/04, 8:57 am
Brenda Mattar Mattar & D'Agostino, LLP

Re: not at fault claim

Perhaps the reason your lawyer has told you that you will receive $100,000 is because that is the amount of insurance coverage that the other vehicle carried. If the other driver or vehicle owner has assets it may be worth taking the case to trial. If the jury awards more than the insurance coverage then you will get a Judgement against the Defendant(s) and will need try to collect on it.

Another source of insurance coverage maybe your own policy. Do you know if you had any Underinsured coverage on your own policy?

Please feel free to contact me to discuss this matter further @ (716) 865-4022.

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Answered on 1/20/04, 9:00 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: not at fault claim

There is no "magic number" used to value claims. There are issues including insurance limitations: whether the at-fault driver had any assets above his auto policy limits, whether you had uninusre or underinsured insurance coverage in your auto insurance policy, issues of liability as well as issues of special damages including lost wages, lost earning potential, life exepectancy, out-of-pocket costs.

IT sounds as if the driver who was at fault may have policy limits of $100,000 on his auto insurance. If that's the case any excess would be impossible to collect unless he had assets which were above and beyond his policy limits.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 1/20/04, 10:16 am


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