Legal Question in Personal Injury in New York
help in lawsuit.
On July 12 of 2005 I was involved in an accident. I was rearended at a red light and pushed into the truck in front of me. I recieved a back injury. I went to the ER and visited my primary doctor. I lost my job because I couldn't work. The company I worked for held it for a year. I have had MRI, physical therapy and a discogram so far. I am looking at surgery. I have 3 hernated disc in my lower back. I have a lawyer but they want me to take the offer of $9000.00. I am pretty sure I will be able to go back to work given the surgery and therapy. I was wonder what they meant by not meeting the legal standard for being seriously injury. And is it worth going to trail. Will this affect my no fault and can they cancel it if I sign on the dotted line. Thank you
5 Answers from Attorneys
Re: help in lawsuit.
They are talking about the no fault law requirement of serious injury for a lawsuit.
It requires something like a fracture or else 90 out of the first 180 days after the accident, of disability from normal daily activity. Sounds like you meet this threshold. (Hernioations are considered soft tissue injury)
I would suggest that you determine whether your lawyer has a reputation for settling, not trying, tough cases.Make your lawyer explain his reasoning. Tell him you lost a year and are not willing to settle so he can make 3,000.
This is nuisance value for a rear end with 3 herniations. What county is the
case pending in? That has an effect on value.
Re: help in lawsuit.
With your doctor's bills, liens, and other expenses, you could end up owing money if you accept an offer of $9000. If you feel confident in your lawyer, then by all means, follow his advice.
If you would like a second opinion, please feel free to contact me via email. I would be happy to review your file at no expense to you.
Re: help in lawsuit.
If you can prove the herniations were caused by the accident, I would try the case. Serious injury is defined by NY statute and it would be for the jury to decide if you qualify.
Re: help in lawsuit.
Two important things: 1) If the herniations are and surgery are related to the accident, your case is worth far more than $9,000 (unless there are other factors I do not know about); 2) If you have not worked for more than a year (and you have enough job credits) you may entitled to Social Security Disability Benefits. My firm can handle both of the above if you wish to discuss your options.
Re: help in lawsuit.
If there are factors in your medical history other than the automobile collision that contributed to the back injury then their may be some question as to the causal relationship between your injuries and the MVA. However, a herniation that requires surgical correction and that is supported in the medical record is a strong enough argument for meeting the serious injury threshold that a motion seeking summary judgment on that limited issue may well be justified. Given the serious nature of the injuries and the liklihood that they will have an impact on you for life, i think that accepting a settlement of only 9k makes little sense, especially if you have not had a second opinion from another qualified attorney. Real expertise in the interpretation of medical records is what you need. I am a medical malpractice attorney first and foremost. I would be happy to review or discuss your medical history with you. Feel free to contact me by email if you would like to talk. I would charge you nothing for talking to you or reviewing your records.
Jason
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
