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Do I need a lawyer to collect for my injury?

New York, NY |

Lower back injury undergoing therapy for it

A guy backed out of his driveway and hit my car while I was driving. The injury has been confirmed and my claim has been open for over a year while trying to fix my injury.

Attorney Answers 14

Posted

More details need to be ascertained. Were you involved in a motor vehicle accident? If yes, were you a passenger or pedestrian? Have you had MRI's take of your lower back? Any other area? You should immediately contact a personal injury attorney in your area to better assess your situation.

The information provided does not constitute legal advice and is presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information. Always contact an attorney when seeking legal advice. www.risman-law.com / www.TrueFightLaw.com

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1 comment

Asker

Posted

It was a car accident, a guy backed out of his driveway and hit my car, I was driving. My back injury has been confirmed by a doctor.

Posted

It is really not possible to answer your question without at least some fax about how you were injured. While you can certainly try to obtain a money recovery on your own it is probably not recommended. Especially where you are claiming injuries to your lower back. Insurance companies tend to downplay those types of injuries and claim that they are all pre-existing and unrelated to the accident.

At the end of the day you would be best served to contact a local personal injury attorney to discuss your options. The consultation will be free and at least you will have a better idea as to whether or not you can handle this type of matter on your own. Use the "find a lawyer" tools here on Avvo.

Good luck!

PS… If you post more details about how you were injured perhaps we can provide a better response

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

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4 comments

Asker

Posted

I added more information I wants to know if I will get anything for the pain I'm going through and if so how much should I expect?

Anthony A. Ferrante

Anthony A. Ferrante

Posted

If you have been treating for over a year and have sustained a back injury there is no question that you need to consult with a lawyer. In NY, you can only recover for injuries sustained in a motor vehicle accident if you can prove that your injuries are "serious" under the NY Insurance Law. Unless you have some type of fractured vertebrae it would be nearly impossible for you to prove your case in court without the appropriate training/experience. Not to mention that the insurance company will simply offer you a nominal amount - what we call nuisance value - to get rid of your claim. If you want to settle your case for pennies on the dollar (or maybe $.10) don't hire a lawyer. But how does that saying go ... penny wise, pound foolish.

Anthony A. Ferrante

Anthony A. Ferrante

Posted

Have you undergone an MRI? Who is the insurance carrier? How much damage was there to your vehicle? Did you got to the emergency room? By ambulance? Was there a gap between the date of the accident and when you started treatment? Did you miss any time from work? Have you ever had back problems before?

Anthony A. Ferrante

Anthony A. Ferrante

Posted

"confirmed" how?

Posted

Yes, but how did you hurt yourself?

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Posted

It's always best to consult with a lawyer when dealing with an insurance company. Can you proceed without one, sure. However, I highly recommend that you don't. Not only will a lawyer be able to recover more than you could on your own, but an experienced lawyer or law firm that actually takes cases to trial will likely be able to recover even more. That is not to say that in every case the difference will be significant, but an insurance company is much more likely to pay top dollar for the injury, regardless if what type of injury it is, when they know that the party and the lawyer are serious and willing to go to trial. This is a general response as the specifics of your claim are needed to give you a better answer tailored to your situation.

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16 lawyers agree

Posted

That depends - do you actually want to recover for your injuries?

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8 lawyers agree

Posted

You should consult with a local personal injury attorney soon. There are many available here on Avvo, do a search and ask for a free consultation. Bring all the paperwork you have related to this claim. Best of luck.

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10 lawyers agree

Posted

Yes. Get help with this.

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9 lawyers agree

Posted

Retain one of the lawyers above in your state to investigate this claim.

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8 lawyers agree

Posted

Need much more information to give you a meaningful answer. How did your injury occur, when and where did it happen? Was another at fault?

This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.

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3 lawyers agree

Posted

You are in over your head and the insurance adjuster will be licking his/her chops in dealing with you. Do yourself a favor and hire a qualified personal injury attorney.

My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900

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5 lawyers agree

Posted

Absolutely especially if you are going to attempt to allege and aggravation to a pre existing condition. In New York if your therapy was ordered by a doctor then you will be safer to couch a lawsuit as malpractice and not just general negligence. So keep in min a shorter statute of limitations or the malpractice portion.

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4 lawyers agree

Posted

The insurance companies generally have people who specialize in settling with non-represented parties, they are very motivated to settle with you before you hire an attorney and they have to pay more. Only an attorney can evaluate the value of any settlement that may be offered. You also want to make certain that you don't miss any deadlines to file a lawsuit.

I hope you feel better soon, good luck with everything.

This response does not constitute legal advice and does not create an attorney-client relationship. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be adequate for your specific situation.

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4 lawyers agree

Posted

To get maximum compensation, seek a local personal injury attorney ASAP. I offer a free 30 minute consultation and would be willing to meet you in a convenient location. Best of luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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1 lawyer agrees

Posted

If you still have problems after a year your injury may be permanent . If you have undergone EMG and MRI testing you should know by now. It costs NOTHING to consult with a qualified injury lawyer in New York. Ask family , friends or your local bar association for a good lawyer. Can you settle an injury case with an insurance company? The anwer is of course YES. Should you? NO!

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