Legal Question in Personal Injury in New York

Hit by drunk driver

I was rear ended by a drunk driver. My car was totalled, he was arrested and plead guilty. I have a tear in my shoulder and multiple bulges in my neck-which are inoperable. Do I have a case? A lawyer told me I don't if I didn't have broken bones. How long does this whole lawsuit process take.


Asked on 4/01/04, 3:02 pm

8 Answers from Attorneys

richard feldman richard d. feldman

Re: Hit by drunk driver

It certainly sounds like tou have a case worth pursuing however time is of the essence for filing and treatment call for free consultation or I can meet with you call 212 683 8677

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Answered on 4/02/04, 9:20 am

Re: Hit by drunk driver

You absolutely have a case. How long it takes depends on where the suit can be brought. This depends on where you live and where the other driver lives. The case could also be settled without having to file suit. I handle these cases all the time. Feel free to call me at 212-622-7180. I work on contingency so you don't pay anything unless you collect.

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Answered on 4/01/04, 3:04 pm
Peter Agulnick Peter M. Agulnick, P.C.

Re: Hit by drunk driver

You don't need broken bones to have a case. You LIKELY have a case. If I can be of service, feel free to call my office at 212-571-2266

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Answered on 4/01/04, 3:06 pm
Andrew Frisch Morgan & Morgan, P.A.

Re: Hit by drunk driver

Based on the limited facts it certainly appears that you have a meritorious case. Our office handles many of these cases.

Call me toll free at (877)NYC-LAW1 or (877)692-5291. We handle cases on a contingency basis so you do not pay unless we recover money on your behalf.

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Answered on 4/01/04, 3:27 pm
Thomas Reilly Learned, Reilly & Learned

Re: Hit by drunk driver

It is certainly clear that you might have a good case. Many lawyers won't take cases unless there is a fracture because they require less work and settle faster. Call a lawyer in the area you live in. Make sure they handle automobile accidents.

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Answered on 4/01/04, 3:33 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Hit by drunk driver

Well.., you may...or may not, have a case. The Insurance Law provides that you must have sustained a "serous injury", which is defined. What common sense tells you is serious, and what the law means by "serious", are 2 different things.

From a fault point of view, it appears you should be susccessful. As for the rest, it is actually premature to tell, no matter how bad you feel physically.

If you would like to discuss the particulars, feel free to contact me at 212-764-5428. I've the practicing for quite a while and have done work for insurance companies and know how they think. I can explain the process to you.

Best of luck.

RRG

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Answered on 4/01/04, 3:55 pm
Lawrence Simon Law Offices of Lawrence M. Simon

Re: Hit by drunk driver

Bulging disc injuries are becoming more and more difficult to "meet" the serious injury threshold requirements of Article 51 of the Insurance Law. Standing alone (excluding your other injuries), many higher level trial lawyers would not take your case. However, they would be foolish to tell you that you don't have a case, but should tell you that they have decided against taking your case. The torn ligament in the shoulder, if it is a tear, is much more likely to be deemed a serious injury. I, like the other attorneys posting here, would be willing to speak to you about your case. However, I would be willing to do by e-mail or phone, without any obligation on your part to hire my firm. We have offices in midtown Manhattan and Bergen County, New Jersey. My website contains information about our firm. More importantly for you, it contains information about your rights and answers some commonly asked questions.

Lawrence M. Simon

www.BergenLaw.com

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Answered on 4/01/04, 5:31 pm
David Slater David P. Slater, Esq.

Re: Hit by drunk driver

Bulging discs without impingement on a nerve is meaningless. The tear in your shoulder may qualify depending upon your proof of permanency.

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Answered on 4/01/04, 6:20 pm


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