Legal Question in Personal Injury in New York

I was a victim of a car accident in 2009 which totaled my car. A herniated disc and 2 bulging discs were my injuries due to the accident. I lost 6 weeks of work and a semester of school because I couldn't sit long enough to follow the professor literally failed all my classes. I contacted a lawyer who represented me and I followed an orthopedic doctor who suggested physical therapy. The insurance company eventually interrupted my doctor visits and physical therapy. Now I received a letter from my attorney urging me to end the lawsuit and cover the court fees. He claimed that the defendants won't settle and the case may be dismissed because the narrative report does not state range of motion. I feel cheated. Can anything be done?


Asked on 4/01/11, 4:13 pm

1 Answer from Attorneys
Michael Krigsfeld William Schwitzer & Associates, P.C.

Just because one attorney is not successful in obtaining a settlement for you does not mean that all hope is lost. You can always switch attorneys and perhaps your new attorney may be able to settle the case. Another option is actually filing a lawsuit (you have 3 years from the date of your accident to do so). Whether it is actually worth putting into suit is an issue that needs to be discussed. I do understand your attorney's need for a range of motion test, however, that is something that may still be available to you even if your no-fault insurance has been cut off. I would be glad to discuss this matter with you. I would definetely need to see your police report, MRI's and any other medical records you can get your hands on. It would go a long way in determining whether a lawsuit is a reasonable option in your case. Also, knowing the insurance company that represents the other driver may explain why they may not be willing to offer a settlement at this time. For a completely free consulation please call me on Monday morning at 347-702-4133 or email me anytime at [email protected].

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Answered on 4/01/11, 4:23 pm


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