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I got rear ended over a year ago. 3 moths after my doc took me out of work due to extreme vertigo, migraines, whiplash, cervical

Buffalo, NY |

I see migraine specialists, chiro and cervical work, vertigo specialist and take over 22 pills a day !10 years ago I got a lifetime comp for cervical injuries while working at a prison. the accident exacerbated the original injury putting me right out of work. The guy that hit me only has $25k coverage and my under insured is the same. In this accident there were several vehicles involved. One happened to be a Tractor trailer. But when I ordered the police report, there is no mention of the tractor trailer, which actually caused the accident. I have already lost the $25k just in payroll and I may be put on disability as well. (which is fine if I can get enough of a settlement to invest it wisely) Before everyone says call a lawyer, I have 3. Stress is just killing me. outcomes?????

I had an attorney 3 days later when I could get around. I need to find this Tractor Trailer guy. Cameras had snow on them. Just a tad more background. The roads became bad at an interchange where most people know ice up faster. There was an existing accident in place and this tractor trailer guy honestly could have killed them. He did a great job of getting safe. I saw it happening about 100 yards ahead so I planned. I ended up right next to him as I slid around the skyway. Then more cars behind us began to get into accidents. I think 7 or more were involved. Thanks!!

Attorney Answers 8

Posted

What exactly is your question ? From what you described, you have a tort-qualifying case (a case that will probably satisfy the definition of "serious injury" under NY Insurance Law 5102(d). However, since the tortfeasor has a 25K state-min policy (was it offered ?) and your SUM limits are the same, it appears that your potential recovery is limited to the policy limit. However, you said that there is tractor trailer that is at fault but was not listed on the police report. You must file form MV104 to supplement the accident report and I would definitely bring the tractor into the case. Good luck.

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6 comments

Asker

Posted

I ran out of room so I am glad you asked. My question is if I am put on disability at 45 years old, and $25,000 settlement(maybe) minus fees how will I live ? The tractor trailer has evaporated. the information is nowhere with the police and they let him take off because he was on a deadline. he slid sideways blocking the thruway. he eventually got straight and stopped. I ended up next to him, both of us parked. a vehicle came flying down the thuway around the bend and just slammed in to me at about 50mph. He got hurt pretty bad too. He lived so that is moot. What you are saying is correct, However there is NO information on this tractor trailer other the picture I took at the scene. But no plate #'s and validating marks for proof of WHO it is.

Michael Byk

Michael Byk

Posted

Ok, I see what you are saying. My 1st question is this: do you have an attorney ? 2nd question: is this case in suit ? It definitely should be- the info on the tractor can be had via various Discovery tools- maybe there are other witnesses or parties that have seen the tractor and have the info, etc etc. I would depose everybody in the case and i would also hire an experienced investigator. Where did the accident happen ? Maybe there video cameras around ? Please understand that this is a very fact-specific case and none other than your lawyer can give you a precise answer on what to do next. An attorney needs to review your whole file. I hope this helps.

Asker

Posted

Its great that guys like you are up and at it on a Saturday morning trying to help people. Thanks!

Michael Byk

Michael Byk

Posted

Anytime ! Good luck.

Asker

Posted

I had an attorney 3 days later when I could get around. Buffalo NY. Cameras had snow on them. Just a tad more background. The roads became bad at an interchange where most people know ice up faster. There was an existing accident in place and this tractor trailer guy honestly could have killed them. He did a great job of getting safe. I saw it happening about 100 yards ahead so I planned. I ended up right next to him as I slid around the skyway. Then more cars behind us began to get into accidents. I think 7 or more were involved. Thanks!!

Ligia M Melendez Parmenter

Ligia M Melendez Parmenter

Posted

I agree with this answer.

Posted

The only persons who could possibly have sufficient information to provide you with the answers you seek is your current lawyers.

The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement

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8 comments

Asker

Posted

My attorneys are great and I do consult with them all the time. I am just here getting some ideas tossed around and maybe some of you have had the same thing happen. Creativity is something that can be shared.

Asker

Posted

Its great that guys like you are up and at it on a Saturday morning trying to help people. Thanks!

George Peter Conway

George Peter Conway

Posted

I fully understand your desire t get other opinions but a person can only give you a meaningful opinion after they have reviewed the accident reports, the witness statements, the scene photographs, the damage estimates, your pre-accident medical records, your post accident medical records, the applicable insurance policies in effect on the day of the accident, the medical experts reports, etc. No two cases are exactly the same. Each case needs to be investigated and carefully studied before any meanfuling opinions regarding outcomes can be formed. I hope you find the justice you seek and deserve. Please enjoy the rest of the weekend to the best of you ability.

George Peter Conway

George Peter Conway

Posted

I read one of your other comments about the truck. Do not rely solely upon the police report. Make sure somebody speaks with the police officer. Sometimes police officers have information in their notes that does not make its way into the official police accident report.

Asker

Posted

Yes, I spoke with my lawyer yestetday. The 25k news was mind numbing and he cannot find the truck. He said he will drop every single other driver just to prove the truck was there. Big deal. So the police will take the blame instead? I am just thinking of all these things now and getting advice from you guys so I can call or email him Monday and start asking questions. Thanks for the input!

Asker

Posted

I meant to say depo not drop. Phone respelled it.

Ligia M Melendez Parmenter

Ligia M Melendez Parmenter

Posted

I agree with this answer.

Asker

Posted

Thanks but I don't "have" these items until they (if they) get approved.

Posted

Your attorneys know your case better than anyone. You should schedule a face to face meeting with your attorneys to flush out any details of your case.

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3 comments

Asker

Posted

My attorneys are great and I do consult with them all the time. I am just here getting some ideas tossed around and maybe some of you have had the same thing happen. Creativity is something that can be shared. Its great that guys like you are up and at it on a Saturday morning trying to help people. Thanks!

Dennis Wayne Tackett

Dennis Wayne Tackett

Posted

You are welcome. Just make sure you are going after all potential responsible people and insurance.

Ligia M Melendez Parmenter

Ligia M Melendez Parmenter

Posted

I agree with this answer.

Posted

You have 3 attorneys - schedule a face to face meeting with them to discuss your questions & concerns. Good luck

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

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Asker

Posted

Like I said to the other attorneys, I like tossing stuff to get other ideas. One guys opinion could be another downfall. I like to see and hear about FINISHED cases so I can plan ahead. As you know my attorney cannot speculate. But you guys can give me previous outcomes and ideas. Not all attorneys have ALL the answers. I got one shot.

Ligia M Melendez Parmenter

Ligia M Melendez Parmenter

Posted

I agree with this answer.

Posted

Hear your pain and frustration. You've received excellent advise.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

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Ligia M Melendez Parmenter

Ligia M Melendez Parmenter

Posted

I agree with this answer.

Posted

Your lawyers should investigate but ultimately if the police accident report does not contain info about the company involved you may have a tough time sorting this out. Best of luck.

PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *

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Ligia M Melendez Parmenter

Ligia M Melendez Parmenter

Posted

I agree with this answer.

Posted

You ask how you are going to live. I can tell you how but I need a little more information, such as what is your municipal pension, what is your lifetime comp, what is your SSDI, etc.

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Asker

Posted

Probably not, but here goes: pension is zero. I resigned from the state job 3 years after I was originally hurt. I did a total of 9 years, 8 months. My lifetime comp is all medical. My ssdi will be about $1850/month. I also have 10 years military service but I believe that is already figured into the ssd number because it was '87-'97. Thank you sir.

Michael J Palumbo

Michael J Palumbo

Posted

Since you resigned and did not get a disability pension you will support yourself by getting a job and whatever you recover from this matter will be gravy.

Asker

Posted

I would go back to my regular job. Neurologist won't let me. Vertigo s few times a day.Valium 3 times a day. Total of 22 pills / day ! I am a zombie. I don't see me going back to work especially before my pip and obel run out. Already on medicaid and food stamps. I did just have a comp judge move my case to special funds. They may make an offer to get rid of me. I resigned from state corrections and was making twice as much as an estimator for a larger construction company. (Office job) but now I only have an hour or so looking at a computer or TV screen before the world starts spinning under me.......I feel like I may end up destitute. Well at least I'm a veteran. I can always check into the mental ward when it gets yo be too much to cope with. Just a bad situation. However, I will say that going to the VA gives you a whole new perspective on how lucky I am yo have all my limbs. My mind may be scrambled but those guys got some spirit. Thanks for the post sir.

Michael J Palumbo

Michael J Palumbo

Posted

So you have SSDI of $1850/month, worker's compensation, medicaid and food stamps. Sounds like you are surviving quite well.

Asker

Posted

I wouldn't say quite well. I have child support and I am not a deadbeat .

Ligia M Melendez Parmenter

Ligia M Melendez Parmenter

Posted

I agree with this answer.

Posted

No one on avvo.com is going to be able to give you an realistic picture of the outcome because the attorneys on here do not have all the documents and information available to them. It sounds promising with a rear end accident and if you can hold in the tractor trailer and there is sufficient insurance coverage. However, you need to ask the attorney who represents you in the personal injury action what the likely outcome is and even he or she may not be able to give you a precise answer at this point in time. Good luck with it though.

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Asker

Posted

Thanks. I just wanted other opinions. The lawyers are good to great really. They are tied by the guys I surance that hit me. A tractor trailer company would be nice. After all he kinda started the chain but left without a dent or scratch.

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