Legal Question in Personal Injury in New York

My boyfriend and I were in a accident in February of 2010 and we were both rushed to the ER. It looked like I was the most injured at first with a laceration on my face, but he was the most injured. We found out through the months with MRIs that he has about 14 herniated disks, bulging disks, etc. He is in constant pain and on pain killers. He did physical therapy twice and did not work. We are now going to a pain management doctor and he epidural injections and facet blocks which are not working either. We have one more option that will hopefully work, but after a trip to the Hospital for Special Surgery, the doctor there said he may need surgery in upcoming years. Anyway he lives a life in constant pain. We got letter from our insurance company saying that the accident was 100% the other drivers fault, who went through a red light. The lawyer we have is saying that her insurance policy is only worth $25k and that is the most we can possibly get without suing her, and we probably would not win because he said 80% of these soft tissue injury/spinal disk cases get thrown out. I'm a little skeptical and wanted to know if this true.

Asked on 7/19/11, 3:44 pm

2 Answers from Attorneys

Michael Krigsfeld William Schwitzer & Associates, P.C.

Your attorney is on the right path. In order to get more than the policy limit you would have to sue the other driver/owner and a jury would have to award you more than the policy limits as your damages. You would then have a judgment against the driver and/or owner which you would have to collect (that's a separate issue). If your boyfriend has had epidural injections and the like then even his soft tissue case is better than most. I don't know that I would agree with 80% of soft tissue cases being thrown out of court but they are more difficult to win. If your boyfriend does eventually have surgery and the surgeon relates the injuries to this accident then you will have an easier time. Should you wish to discuss your case further or wish to change attorneys please do not hesitate to contact me at the office at 347-702-4133 or by email at [email protected]

Yours truly,

Michael Krigsfeld, Esq.

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Answered on 7/19/11, 4:50 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

I whole heartily agree with your attorney.

Without surgery soft tissue cases such as your boyfriends are routinely thrown out of court. I would definitely encourage your boyfriend to get epidural injections and or surgical intervention. I know that it does not make sense and it is not "fair" but the law is the law and soft tissue cases such as your boyfriends are routinely tossed out of court.

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Answered on 7/20/11, 11:23 am

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