Legal Question in Personal Injury in New York

I was in a vehicle accident back in November,2008. My vehicle was rear ended and repairs cost $1,200.00. I also was injured and required treatment for neck,head and jaw injuries. (No trama) I went to physical therapy from November,2008-June,2009. I also was under a chiropracters care for 3-4 months of that time period. I also received medication and home therapy machines used for nerve and muscle damages. At the time of this accident, I was out on workers compensation for other injuries and had been receiving treatments for those injuries. As a result of this accident my on the job injuries were aggravated but I could do nothing but bring it to the attention of my attorney at the time. He suggested that due to legality's I should just treat my work injuries as work injuires and the accident injuries as the accident. I used my personal insurance at the time to get treatments from a Pain management Physician for aggravating injuries to my excisting injuries and my auto insurance (NEW YORK No Fault) to get treatment for the accident injuries. In June, 2009 my auto insurance company advised me that they would no longer pay for treatment of the accident injuires just at the same time my workers compensation issue was settled and iwas without a job nad no insurance. I received some treatment from the Veterans Administration for a period of time but i eventually needed to get back to work to pay my bills and support a family. The insurance company of the person who impacted into me (LIBERTY MUTUAL) promised all along they were going to help me. WRONG,they ended up offering me $1,000.00 for my pain and suffering.. I spent more than that on gas to drive to my treatments. I could not appeal the decision of my own insurance company since they most likely would of ddropped me or raised my rates. Either way, I lost. Is thier an attorney who would help me. I am a disabled veteran with limited funds and I believe LIBERTY MUTUAL owes me something. Thank YOu


Asked on 1/15/11, 8:53 pm

2 Answers from Attorneys
Pasquale Calcagno Calcagno & Associates, PLLC

In a personal injury action you must prove liability (who is at fault) and damages (your injuries). If you believe your have a personal injury case and wish to discuss it, call me, Pasquale Calcagno, Esq. for a free consultation at 1(800)WE-FIGHT. No fee unless we win your case. We have convenient locations all over New York. Call me today, do not delay.

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Answered on 1/20/11, 9:30 pm
David Slater David P. Slater, Esq.

New York law requires you sustain a "serious injury" before you can be entitled to compensation for pain and suffering in a motor vehicle accident. The law defines "serious injury". Apparently, Liberty Mutual does not think you meet the threshold.

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Answered on 1/21/11, 3:00 pm


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