Legal Question in Personal Injury in New York
Motorcycle Accident
Last year I lived in NY was riding my Harley and was struck from behind by a taxi. I was out of work for a month with 2 herniated discs. I hired an attorney and he has been working on the case. The person who hit me told his insurance co that I hit him but last I checked there is no reverse on my Harley. I recently got a promotion thru work and moved to Texas. Before I moved I called my attorney to let him know. He said that the insurance co decided to offer 6K. I told him that with the expenses I incurred and the fact that I have to pay the attorney 1/3 that 6K was not acceptable. Well now I am in Texas and I got a phone call from my attorney yesterday. He said that the insurance co wants me to come back to NY and give a deposition and to be examined by their doctors. I just started a new job and I can't readily get time off at the drop of a hat. I also am not in a position to get a plane ticket,hotel and rental car while I am in NY with a great financial burden. I explained this to my attorney and asked him to let the insurance co. know that I moved and can this be done here and he said that he would not even consider it and I have to come to NY. Do I have to do this or should I get another attorney?
3 Answers from Attorneys
Re: Motorcycle Accident
Seeing as no one else has answered your question, which is a simple one, let me do so and put your mind at rest. The short answer is "Yes" if your going to bring a lawsuit you must prosecute that action in the venue or state where you brought it. One of the basic requirements to your case is your cooperation. If don't testify at a deposition or fail to appear at trial, no matter what the reason, your case goes down the drain and you loose. A couple of herniated discs is a serious injury and if proven can be worth significant damages (money). Enough to make it worth your while to return to New York for two or three days, for sure. If your new employer doesn't understand that then you'll probably loose your new job anyway over some trivial issue later on; and if you blow-off the lawsuit then you'll be twice screwed. So whether you live to ride or ride to live, if you want to do the right thing get back to New York and finish what you started. Otherwise, ride on and forget about it.
As a harley rider and biker for 30 years and attorney for 19 years, I'm giving you the truth whether you like what it sounds like or not. Its up to you. If your attorney cannot get you an award for serious damages then your injuries are not what you say they are or you need to change your attorney. For further guidance you can call me at 516-498-9343.
Re: Motorcycle Accident
It is not realistic for you to expect the insurance company to make things easier for you by taking your deposition in Texas. They would have to send an attorney to Texas, so you would be passing your expense on to them. They want you to settle; they do not want to encourage you to continue to sue them. This is a NY case and you brought it in NY.
If you are not comfortable with your attorney's advice, suggest you obtain a second opinion and consult with another attorney.
If you wish to discuss this with me privately, please call to schedule a consultation.
I practice in NYC and Long Island.
Re: Motorcycle Accident
The upshot is...you bring the case in New York, you come to New York. Your attorney seems competent.
Good Luck
RRG
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