Legal Question in Personal Injury in New York

Motor Vehicle

I was a passenger in a motor vehicle and was sideswiped when a person ran a stop sign. My back and neck were injrured. I did not get medical attention untill 4/11/07. the accident was 3/31/07. I am being told that since I waited soooo long that the injury is not serious. Also, back injury and neck injuries are not worth taking. I can tell you i am in alot of pain. I am currently getting chiropractic, physical therapy, and orthopedic care. Do I have a cse or not. WHat are my other options.?


Asked on 4/16/07, 5:37 pm

6 Answers from Attorneys

Ronald Ingber SILER & INGBER, LLP

Re: Motor Vehicle

I am confident I can help you with your matter. A gap in medical treatment is often easily explained and does not affect one's case. Please feel free to contact us at your earliest convenience.

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Answered on 4/18/07, 12:43 pm
Charles Gueli Law Offices of Charles R. Gueli

Re: Motor Vehicle

The length of time you wait to seek medical treatment will be weighed by the defendant's insurance carrier in order to determine the possible value of your case. However, it certainly does not preclude you from bringing a lawsuit. If you do intend to sue, do not speak with anyone from the insurance company. I handle this type of case every day. It will cost you nothing until/unless the lawsuit is successful. Feel free to contact me to further discuss this matter.

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Answered on 4/17/07, 4:21 pm

Re: Motor Vehicle

I recommend you talk to David Woycik at the law firm of Sanders Block & Woycik at 100 Herricks Rd, Mineola, NY , 11501. Call 516.741.5252. They do alot of personal injury work and will give you a good assessment based on your medical records.

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Answered on 4/16/07, 5:46 pm
Jason A. Richman Jason A. Richman, Esq.

Re: Motor Vehicle

Serious injury is not determined by the time it takes to seek treatment, but rather by the nature and extent of injuries and the treatment medically necessary to treat them. Serious injury is a question that can only be answered by a review of medical records in light of the current state of the law in New York. Serious injury is defined for you in the "Insurance Law Section 5102(d)" Check it out on line. If you would like my help to find an attorney in your area, please let me know. I know some excellent attorney in queens that specialize in these types of cases. Feel free to call or write if you have further questions.

5853195334.

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Answered on 4/16/07, 6:28 pm

Re: Motor Vehicle

The delay is something the insurance company will try and use to lower your settlement. However, we deal with these issues day in and day out. You need MRIs to determine whether you have an injury that will meet the "serious injury" threshold set forth in the Insurance Law of NY. My firm handles lots of car accident cases and we have numerous local offices. Please feel free to check out our web site and contact me to discuss. Make sure you file your no-fault application within 30 days of the accident.

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Answered on 4/16/07, 7:42 pm
Scott Levinson Korybski & Levinson

Re: Motor Vehicle

There needs to be a determination as to the full extent of your injuries. The fact that you waited to seek treatment will certainly be raised by the insurance company for the at-fault party, but that does not mean your injuries are not serious. You need to get an MRI to determine if there are injuries to your spine, and in particular whether you have any herniations. I would be pleased to speak to you further about this and discuss your options with you in greater detail. Feel free to contact me at your earliest convenience so we can speak further.

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Answered on 4/16/07, 8:08 pm


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