Comments on: Hurt in a NY Auto Accident? Can I Sue the Other Driver?

By: Jim Reed

Jim Reed — Thu, 26 Feb 2009 19:52:59 +0000

Sorry but from the little bit of information you have provided here, it’s tough for me to say that you qualify as having suffered a “serious injury” as is required to bring a lawsuit in N.Y.. I strongly urge you to search this blog for the term “serious injury” for all the posts I have done on this topic. If after reading those posts, you think you have the basis for a qualifying serious injury, I am more than happy to talk with you.

Good luck, Jim Reed
jreed@zifflaw.com
800-ZIFFLAW (943-3529)

By: corruba

corruba — Thu, 26 Feb 2009 17:47:51 +0000

I was rearened in 7/2006 due to a table falling off the back of a pickup truck and landing in front of me, the party behind did not see that I was slowing down on the highway and rearended me, giving me neck pain to this day, I can crack it, it feels like a bulge in the back of my neck and I have difficulty sleeping. Do I have a case?

By: JimReed

JimReed — Tue, 27 May 2008 17:55:51 +0000

Eileen:

Properly calculating the applicable time limits for different types of cases can be complicated but the general rule of thumb is as follows:

Most Negligence Actions– 3 years from the date of the alleged negligence.

Wrongful Death Actions– 2 years from the date of the death.

Medical Malpractice Actions– 2.5 years from the date of the alleged malpractice.

Like I said before, this is a very over simplified summary of what can be a complex legal determination. Accordingly, my best advice is to ALWAYS consult with an experienced injury attorney to determine the exact time limits that apply to your case.

Thanks, Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Visit the New York Injury Law Blog at: http://www.NYInjuryLawBlog.com

By: Eileen

Eileen — Sun, 25 May 2008 16:23:04 +0000

My uncle had an accident a little over 2 years ago. Since that time he has died. The other person involved in the accident is trying to sue my uncle’s estate. What is the NYS law governing this type of case? Thanks and regards

By: Brian Caster

Brian Caster — Thu, 01 May 2008 20:02:25 +0000

Jim,
Thanks for your response. Unfortunately it is too late for me and my wife. Approx. 5 plus yrs. ago we were hit by Renalto Sorge-the result of which was over 20 surgeries-so far to myself. I will never be right-physically. My lawyer refusued to sue. We took the insurance settlementment to avoid being left high and dry as I have heard can happen.
My lawyer refused to sue-according to your critera, we have every right to sue.
In any case, there is no amount of money that can compensate one for the catastrophic losses that result from an accident.

By: AdamGee

AdamGee — Wed, 30 Apr 2008 15:06:37 +0000

Deb – Pain in and of itself is not really taken into consideration when detrming if you have suffered a “serious injury” as defined by the state of NY. Only people have suffered such a “serious injury” are permitted to sue for their injuries. Once the “serious injury” threshold is reached, pain is certainly considered when detemining the total amount of damages that should be awarded. Unfortunately, the NY courts have determined that you must have objective indications of injury to support a finding of “serious injury”. Since pain alone is not objective, it cannot be the sole basis for a finding of serious injury.

As you can see, a dterminaion of whether someone has sustained a serious injury is a complex legal and medical determination. That’s why its makes us so angry when these insurance adjusters make false claims to the innocent victims of a car accident. Doctors, lawyers and judges struggle with these detrminations, so where does some insurance adjuster with six months on the job get off trying to get people to give up important rights?

Thanks for reading,

Adam M. Gee, Esq.
Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
http://www.zifflaw.com

By: Deb

Deb — Tue, 29 Apr 2008 22:38:07 +0000

so what about the pain and suffering that one endures with all of the pain that one goes thru with pain and injury? Does that not go into account?
or.. the Chronic pain that one will face from the injury.. re: whiplash.. what about that? Isn’t that taken into consideration?