Legal Question in Personal Injury in New York
I've been injured in an auto accident
On November 19, 2002 I was a passenger in an auto injury. We were in the middle of a left-hand turn and were hit by a vehicle (passengers side) which was going about 40-45 mph. There was no evidence of braking on his part. I was transported by ambulance to local hospital, where I stayed for most of the night in emergency. Pain is terrible in neck, mid-back, low-back, right arm and shoulder. I am having trouble lifting a coffee cup with my right arm. I know I had internal contusions and was on morphine i.v. in hospital.
I see a chiropractor regularly (since 1989) for a low back injury which I receive care for from Workers Comp. The driver already informed the ins. co. that I go to the chiropractor. But I have NEW pains and I dont know what to do. Should I file a suit against the driver's ins. company for pain and suffering? I am out of work (not by choice, nothing is available) so I can't claim loss of wages. Can you help me - lead me in the right direction? Would a lawyer even help me? I haven't sent the questionnaire form back yet to the ins. company.
Thank you very much.
2 Answers from Attorneys
Re: I've been injured in an auto accident
Clearly you have new injuries and an aggravation of a previous condition. You are eligible for No Fault benefits now.
If you can meet the threshold, you can bring a lawsuit, against both drivers, for your pain and suffering.
Please call me to schedule a free consultation. I practice in NYC and Long Island.
Re: I've been injured in an auto accident
NY as well as many other states require an injury to meet the definition of "serious injury" before you are able to collect damages for pain & suffering in an auto accident. Only a medical professional can make this determination.
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