Legal Question in Personal Injury in New York

Injured on lanlord property doing maintence, Right arm injury, torn tendens,some permanent damage, requires surgury. Reluctant to have surgury done at this time. Insurance company wants to settle for $15K. I don't know if I should contact an attorney or if this is a fair settlement?


Asked on 10/12/10, 5:52 am

8 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Based on the facts that you presented, I think that is a horrible settlement and you are getting

a bad deal. Call my office at 9142201088 and an attorney from my office will meet you as soon as possible. I look forward to speaking with you.

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Answered on 10/17/10, 6:02 am
Paul Ciminelli Ciminelli & Ciminelli Attorneys & Counselors at Law

This seems completely unreasonable based upon the limited information in your note. Call us, we are in Rochester and practice in all of western NY: 585-235-0980.

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Answered on 10/17/10, 6:06 am

You don't say how the accident took place so its hard to judge the landlord's liability or notice of a dangerous condition. However, $15,000 seems low for a case where you need surgery. I am a former federal and State prosecutor and now handle personal injury cases so feel free to check out my web site and contact me to discuss your case.

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Answered on 10/17/10, 6:08 am
Stuart DiMartini Law Offices of Stuart DiMartini

It is impossible to evaluate a claim without knowing all of the facts and circumstances. But I agree, it doesn't sound reasonable based upon your injuries alone. You should speak to a personal injury lawyer for advice.

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Answered on 10/17/10, 8:29 am
Carol Ryder Law Office of Carol Ryder PC

The above answers all jibe with my feelings so, of course, I cannot give you a full answer. The important thing is there are 2 main parts of a personal injury ("PI") case-liability and damages. In NY, the trend is to actually separate the trial (bifurcate) and only try one aspect at a time to save court costs for the State. If the plaintiff is successful in the first one, then they go on to to try the next segment (which order they choose depends on the case-e.g. if it was a car accident, the judge would probably want the damages part tried first to see if the plaintiff has the requisite minimum amount of economic damages and/or injury). Your damages indicate to me that $15K is way too low, and that the insurance company is rushing to settle on the cheap before the full extent of your damages are known, and before surgery. Please feel free to contact me at carolryderlaw.com/(631) 848-1204

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Answered on 10/17/10, 8:52 am
David Owens, Esq. Molod, Spitz & DeSantis

As others have indicated there are two parts to your case: (a) who is at fault, and (b) your damages. Since the insurer is already offering 15K I will assume they feel there is fault on the part of the landlord. The bigger issue is your damages. If you are in fact going to be having surgery on the arm then it is absolutely imperative for you to consult with an attorney to discuss the case. You have three years to bring a case in New York for personal injuries. If you are going to have surgery, and time is not an issue, then you should wait until the procedure is performed and you know the outcome. The landlord is responsible for future damages, and if you do not have a full and complete recovery, then you can receive compensation for all of your future pain and suffering. Please feel contact me for a free consultation to discuss this case further at 212-267-7767 or 201-610-1340. My offices are in New York City and Hoboken, New Jersey.

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Answered on 10/17/10, 9:06 am
Pasquale Calcagno Calcagno & Associates, PLLC

I am very sorry for your terrible ordeal. Although all of the facts are not presented to me, it appears as though the insurance company is trying to get off cheap. As long as liability is attributable to the landlord your injuries can potentially be worth much more than $15,000.00.

It is in your best interest to hire an attorney immediately who has experience with premises liability cases. Additionally, if you decide to hire our firm please cease all communication with the insurance carrier as they only care about saving money for their corporation and your statements could be used against you in a court of law. We handle premises liability cases all over New York State. We have numerous convenient locations in New York for you.

Kindly contact me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free, no obligation consultation. We can have an attorney come to you upon request or send a car to pick you up and bring you to one of our numerous offices closest to you.

I look forward to fighting hard for your rights. No fee to us unless we win or settle your case.

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Answered on 10/17/10, 10:58 am

I think you know the answer. Get a lawyer involved today. Best, M. E. Zuller

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Answered on 10/18/10, 6:07 am


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