Legal Question in Personal Injury in New York
claim going on for 3yrs for neck & waist disk injury
accident happened on june 2000. Going out the exit, the front of my car stopped suddenly and I stopped and then the car behind me hit my left rear and my car was pushed forward and hit the front car's bumper. Got the police report. Anyway, because the pain on my neck, shoulder, waist, left leg, went to the doctor. My lawyer is saying that what I wrote on the paper sent to Albany's office is hurting my claim alot. I wrote, the front car stopped and I stopped and then the car behind hit me and I hit the front car. Is this really causing a big problem? The case is between me and the man who hit me and lawyer is putting too much impact on the statement that the front car made also. She said that I hit her first and then saw the man hit me. I am injured for life now. neck, can't stay in same position for a long time, shoulder, arms, I can't grab the pole for a long time, waist hurts if I sit for a long time. If they can give my health back, I will definitely drop the claim. They think I am going for the money and lying. Plse give me advice and willing to change a lawyer who can fight for my unfair sufferings.
3 Answers from Attorneys
Re: claim going on for 3yrs for neck & waist disk injury
You will have to win the liability issue before you ever get to damages. It appears you will have 2 witnesses against you, the car in front & the car in back. It would help if you could find an independent witness. Good luck.
Re: claim going on for 3yrs for neck & waist disk injury
There are some issues involving liability with your accident and degree of fault. Your main problem is that there is a problem with you hitting the front car. There is a presumption in negligence law that you should have enough room from the car in front of you so that if it stops short you should have plenty of time to stop so that a car driving reasonably behind you would not stop short and hit you into it. There are going to be question as to how prudently everyone in this chain collision was driving. It may requre a jury to assess liability. If the jury finds that the other drivers are not to blame, then you will lose your case.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: claim going on for 3yrs for neck & waist disk injury
There are many issues here. Actually, there may be some difficulties with your MV-104, but without the other information, it is very difficult to tell just from your written material in the question.
If you'd like to discuss it furhter, where I can clarify some issues, please call me at 212-764-5428.
Good Luck
RRG
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