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I was injured in cab accident 4 yrs....ins co made low settlement....lawyer said take it....I don't want to.what do I do now

Flushing, NY |

Have fractured ankle back. And necks injuries.was going to trial 4 x all postponed ..now lawyers says I don't meet threshold...and I have to pay drs..on my behalf ....
I'm totally disabled I'm. A hairdresse anrcannot stand long....lost money ....pain. suffering...

Attorney Answers 12

Posted

Something "ain't" right. Any fracture establishes threshold. Do you have a qualified personal injury attorney? Is there a miscommunication?

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 www.nyelderinjurylaw.com

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Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Also, once you establish threshold on any one injury (here, fracture) you are entitled to be compensated for all of your injuries.

Posted

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.

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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Posted

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

Good Luck

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.

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Posted

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.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

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2 comments

Asker

Posted

Its not settled yet .. But it'd been. 4 YRS. ISN'T TOO LATE FOR ANOTHER ATTORNEY

Craig A. Post

Craig A. Post

Posted

No, it is not too late at all. Craig A. Post Barr, Post & Associates 664 Chestnut Ridge Road Spring Valley, N.Y. 10977 845-352-4080 (phone) 845-352-6777 (fax) cpost@bplegalteam.com<mailto:cpost@bplegalteam.com>

Posted

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.

Good luck.

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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Posted

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.

This post is for informational purposes only. The above information is not to be construed as legal advice.

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4 comments

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

I'm guessing he means to testify

Jeena R. Belil

Jeena R. Belil

Posted

Wasn't sure from the question.

Anthony A. Ferrante

Anthony A. Ferrante

Posted

I'm sure Mr. Adams is correct - the attorney is likely saying that a doctor will cost "$x" to come in to testify.

Asker

Posted

Yes to testify sorry

Posted

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.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

Call your lawyer to discuss.

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Posted

Fracture = threshold. Any attorney knows that. Your lawyer is either lying to you to coerce you into taking the $$ or there is a major communication issues...Clarify the issue right away

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Asker

Posted

He said ins com.,will say it wasn't caused by accident...previous injury are they serious?

Yefim Rubinov

Yefim Rubinov

Posted

Well, did you have a prior accidents where you injured the same parts of the body?

Posted

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.

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Asker

Posted

Yes that's what he meant....well he said they will say the fracture was there previously ....crazy.....I think he doesn't know how to go to trial

Brian C. Pascale

Brian C. Pascale

Posted

You may be right. There also may be a limited insurance policy. Speak with him. He will know.

Asker

Posted

Thank u.....but I don't think that limited and 4 yrs later

Brian C. Pascale

Brian C. Pascale

Posted

Feel free to give me or Mr. Adams a call. We both love the Courtroom. Never hurts to speak with someone else.

Asker

Posted

Thank u who is Mr Adams and can I ive his. Number ty

Brian C. Pascale

Brian C. Pascale

Posted

Again, speak with him. Very truly yours, Brian C. Pascale

Posted

Something is missing in the explanation. Generally in New York, any fracture caused by the accident meets the threshold.

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Asker

Posted

Yes I know but he said American transit will say it was ore existing ...its crazy don't believe him

Posted

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.

24 Hour Attorney Call Center (314) 361-4242 or visit us on the Web at http://www.hoffmannpersonalinjury.com.

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Asker

Posted

My luck who is art Addams ty

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