Legal Question in Personal Injury in New York
limo accident
I was in a limo back in 2004. The driver fell asleep and hit a sign throwing everyone in the car forward. I injured my shoulder and neck. No cops were called that night. The driver said he missed judged and hit the sign at the Deliberation. My attorney has since moved out of the country and wants me to accept a settlement of $7500 due to me not getting surgery. I live in pain everyday and I was not at fault in anyway. Should I just settle? She really does not want to go to trail due to the fact she would have to come back to the states and she never had me go see any of her doctors in NY. I live in Delaware. I don't feel she has protected my best interest. I was think more along the lines of 20,000.
2 Answers from Attorneys
Re: limo accident
The question you pose is nowhere near as simple as you might think. No attorney is going to be able to give you a reasonable opinion as to the value of your case without knowing what your medical records indicate, how much time you lost from work, your age, the reputation of the insurance carrier, if you have any related prior injuries, etc., etc., etc.
The only thing I can say in your attorney's defense is that the personal injury business in New York is in bad shape. Settlement and judgment amounts are the lowest they have been, at least in the 15 years I have been practicing. The insurance companies have tightened-up, there is a "serious injury threshold law" which makes it very difficult if not impossible to recover in certain cases and judges and jurors are unsympathetic to individuals with relatively minor injuries.
If you want a second opinion about your case, you will have to bring your file directly to another attorney so he or she can fully assess the value of your case.
Re: limo accident
New York State law requires that a "serious" injury be suffered before a person may sue for pain and suffering money in an auto case. Hard to know whether your injuries cut it, by any one of the several definitions. Constant pain is not enough, too subjective. If you refused the settlement, forced a trial and could not prove a "serious" injury, your case would be dismissed. Best, M. E. Zuller
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