This case involved a two car accident, with our client westbound on State Highway 27, at or near the intersection of Exit 46A when he was rear ended by the defendant. The injuries included T12-L1, L1-L...2, L2-L3, L4-L5 disc herniations, L3-L4, L5-S1 disc bulges, C3-C4, C4-C5, C6-C7 disc bulges, L4 on L5 traumatic retrolisthesis, L5 on S1 traumatic anterolithesis, lumbar radiculitis,
sprain/strains of the lumbar spine
sprains/strains of the thoracic spine,
loss of cervical lordosis,
cervical radiculopathy,
sprains/strains of the cervical spine, and cephalgia.
Car accident
Two Car Red Light Accident
Jun 15, 2015
OUTCOME: Full policy Pre-Trial Settlement
Liability
This case involved an accident, where the defendant was 100% at fault. Defendant ran a red light striking the vehicle our client was a passenger in.
Injuries
• Posterior Scalp Laceration
...• Posterior Scalp Laceration 5CM in Length Requiring Five Staples with Associated Scarring
• C5/6 Disc Bulge
• C6/7 Disc Bulge
• Limited Ranges of Motion in the Cervical Spine
• Cervical Radiculopathy
• Cervical Sprain/Strain
• Limited Range of Motion in Lumbar Spine
• Lumbar Radiculopathy
• Lumbar Strain/Sprain
• Spinal Nerve Root Encroachment
• Peripheral Nerve Entrapment
• Peripheral Neuropathy
• Post Traumatic Nerve Injury
• Left Shoulder Sprain/Strain
• Difficulty Sleeping Secondary to Pain
• Headaches
Car accident
Parking Lot Accident
Mar 14, 2014
OUTCOME: Within six months, we obtained the full policy for the client. One month after that, we obtained an additional settlement from the clients SUM policy. The entire matter was resolved within seven months of the accident.
In March of 2014, a man in his late 70s suffered a full thickness left shoulder tear, cervical radiculopathy, and post percussion syndrome when his vehicle was struck by another vehicle exiting a parki...ng lot in Smithtown, New York. The client elected not to have surgery on his shoulder.
Car accident
Rear End on Belt Parkway
Feb 14, 2014
OUTCOME: TonaLaw obtained a settlement for the full amount of the underlying negligent party’s policy and also filed a SUM arbitration, with the total recovery being $75,000.00
In February of 2014, our client was rear-ended going westbound on the Belt Parkway in Brooklyn, New York. The client sustained scapholunate ligament tears in her wrist as well as cervical and lumbar sp...ine disc injuries. The client had to undergo wrist surgery due to her injury.
Insurance
New York State No-Fault Case Study
Jan 15, 2014
OUTCOME: The arbitrator rejected the respondent’s assertion of a defense premised on “outstanding verification” and awarded the Applicant the full amount of its claim, plus interest and attorney’s fees.
I. Underlying Facts
The eligible injured party was involved in a motor vehicle accident. The applicant, Orthopedic Surgeon, sought payment for services rendered on three subsequent dates following the... accident. As clarified at the hearing, the respondent’s contentions boiled down to the assertion of an “outstanding verification” defense, with the respondent carrier arguing that the case was not ripe for arbitration. It was undisputed that the respondent requested certain verification from the applicant on three specific dates. It was also undisputed that, by a letter from our Law Office, the applicant responded to the verification requests, asserting, among other things, that the requests were not reasonable and were made in bad faith. The respondent did not send any response to our letter on behalf of the applicant.
The applicant, by our office, sent a substantive and detailed response which asserted that the respondent was not entitled to the information it sought in the verification requests. It was incumbent on the respondent to then reply.
The applicant’s position stated that the respondent’s “verification requests” were both dilatory and defective in that the respondent sought “verification” from the applicant for information that the applicant does not, did not, and could not have access to, nor could the applicant physically or legally obtain the items that were requested or provide them to the insurance company.
II. The Importance of Responding to Verification Requests
The arbitrator held, the applicant sent a substantive and detailed response which asserted that the respondent was not entitled to the information it sought in the verification requests, it was incumbent on the respondent to then reply.
The respondent was not free to merely sit on its laurels and ignore the applicant’s response to its verification requests, as “there is no provision of the No Fault Regulations which allows the claimant or insurance company to ignore a verification request or response….Any questions concerning a communication should be addressed by further communication, not inaction” (Canarise Chiropractice, P.C. v State Farm Mutual Automobile Ins. Co, 2010 NY Slip Op 50950 [U] [Civil Ct., Kings Co., May 25, 2010}).
Car accident
Taxicab Passenger Accident
Nov 29, 2013
OUTCOME: Without going into litigation, Tonalaw negotiated the claim with the insurance representative. Due to the injuries from the accident TonaLaw was able to receive the full policy tender of $25,000.
In November of 2013, a young man of sixteen years old was rear ended while the passenger in a taxicab. He was immediately taken to the emergency room was was subsequently treated with a chiropractor fo...r many months after. Our client suffered from disc bulges at four levels in the lumbar spine, which is uncommon for someone so young in age.
Car accident
Customer Struck at a Car Wash
Mar 08, 2013
OUTCOME: After extensive negotiation, Attorney Thomas Tona continued to move forward with the litigation proceedings, substituting the client’s estate in the action. A settlement of $300,000.00 was reached on the eve of the trial.
In March of 2013, a man in his late 80s was getting his car cleaned at a Suffolk County car wash when he was struck from behind by another car being driven by a car wash employee. Due to the accident, ...the client suffered a multitude of injuries, including right hip fractures, right knee sprains, shoulder tear, and cervical herniation. Due to the severity of the injury, the client had to undergo hemiarthroplasty surgery for his right hip, and also required extensive treatment at a rehabilitation facility. In the end, the client was unable to live independently as he did prior to the accident, and he was unable to complete simple daily tasks.
During the litigation process, the client passed away from reasons unrelated to the accident.
Residential real estate
Hurricane Sandy Property Damage
Oct 26, 2012
OUTCOME: TonaLaw recovered all available insurance proceeds. TonaLaw also waived the full legal fee to help the homeowners get their lives on track.
In October of 2012, our client’s Suffolk County home was severely damaged as a result of the flooding and wind from Hurricane Sandy. Their home had damages of over 50% of their market value, with the w...ater inundating the house and compromising the structural integrity. All of the electrical and mechanical components were also submerged and subject to saltwater intrusion. Due to all of these factors, our client’s home had to be torn down and rebuilt from the foundation up.
How TonaLaw Helped: TonaLaw was on the scene the day after the storm, volunteering to help the client clean up as well as meet with the insurance adjusters immediately. We retained an engineer within days of the hurricane and filed all of the applicable forms within 48 hours after that.
Car accident
Auto vs. Pedestrian
Aug 10, 2012
OUTCOME: After receiving our full demand package with all medicals, the carrier declined to settle. TonaLaw initiated litigation. Prior to depositions we entered into extensive negotiations and were able to procure a near full policy settlement.
In August of 2012, our client was attempting to cross the street as a pedestrian, stepped off the curb, and was struck by a driver that was parallel parking in New York City. She suffered from injuries... due to the accident that included lower back pain, as well as stitches in her arm and elbow.
Car accident
Vehicle Collision
Nov 18, 2011
OUTCOME: The client’s claim was aggressively litigated. After a failed attempt at mediation with a low offer from the carrier, TonaLaw moved forward with litigation. After lengthy negotiations, this matter was settled pre-trial for $130,000.
In November of 2011, a young woman in her late 30s was struck by another motorist who had disregarded a red traffic signal in Melville. The injuries she suffered from the accident included a shoulder t...ear that required surgery, as well as cervical spine herniation.
