Something "ain't" right. Any fracture establishes threshold. Do you have a qualified personal injury attorney? Is there a miscommunication?
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If you are unhappy with your lawyer, get a new one. I agree with my colleague. Something sounds off. If you were a passenger in a cab, you should receive 100% compensation for your injuries. Any fractured ankle, along with back and neck injuries, should be significantly compensated.
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You need to schedule an in person meeting with your lawyer and have the attorney explain to you why the offer on the table should be accepted in light of your circumstances. If you do not get a satisfactory answer, take your documents and have another attorney review your file and give you a second opinion
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It is not clear if the case has actually settled. If so, your only recourse may be a malpractice claim against the attorney for recommending such a small settlement. If you haven't settled yet and don't want to, you are free to seek the services of a new attorney or at least consult with one to get a second opinion.
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Unfortunately here in NY it is standard operating procedure for cab insurance companies (whether American Transit, Fiduciary or the like) to refuse to negotiate in good faith on motor vehicle accident claims. They will pull out every obstructive act in the book in an effort to limit your recovery, even if justified. They hire bio-mechanical engineers and have a slew of experts essentially on their payroll to aid in their activities. I am sure that their expert in your case says that your fractured ankle is not really a fracture and/or it was pre-existing to the accident.
It sounds as though you are caught in the middle of this. There are many questions that your post leaves unanswered, but assuming you are not at fault and there truly is a fracture in your ankle, it sounds as though the attorney you are dealing with is not equipped to take this matter to trial. I suggest you find other counsel who would be willing to try your case and force the insurance company's hand.
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I agree with everything that has been said so far. I'm also wondering why you have to pay doctors? Your care should be covered under the Taxi's No Fault insurance and if your doctors were at one time being reimbursed under an assignment of benefits, they are not allowed to take a lien against your settlement.
Ultimately, you have the right, as the client, to take a settlement or to reject it.
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Something is not right. If you have a fractured ankle, then that should meet the serious injury threshold. Question why you should pay for medical treatment if no fault of the taxi covers it. Schedule an appointment to go over the details of the case. You did not specify the amount of the offer and the amount of coverage.
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Fracture creates automatic threshold. So there is something wrong there. Speak with your lawyer ASAP. As for the doctor expenses, I am not sure if your lawyer clarified what he meant. He may mean that you we will be responsible for paying for the experts for trial.
Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
Having a car accident that results in a fractured ankle and back is serious. These injuries are usually permanent and progressive in nature. I would call Attorney Adams for a second opinion. Every once in a while you hire an attorney that is scared of the courtroom. You may have one.
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