As a Port Jefferson businessman drove home with his girlfriend after attending a show, they were struck head on by a car that had tried to pass another vehicle on Brentwood Road. The injury left the man unconscious and required an overnight stay in the hospital. He retained an attorney to represent him in an effort to collect compensation, but the insurance company would not settle the case. His original attorney retained personal injury attorney Carol L. Schlitt to try the case and Ms. Schlitt settled the case in the man’s favor on the eve of trial.
The Fact Pattern for this Long Island Car Crash Case
Our client had taken his girlfriend to a show and was driving southbound on Brentwood Road late at night. The road runs north-south with one lane in each direction. The night was misty and cold. Our client noticed a vehicle traveling northbound. That vehicle attempted to pass another vehicle and hit our client’s SUV head-on.
Our client lost consciousness for a moment after his head struck the windshield. His vehicle began to smoke and both air bags deployed. Although he was able to exit the vehicle, police and medics determined that they needed emergency medical care and an ambulance took both he and his girlfriend to Southside Hospital. Our client was admitted and spent the night in the hospital.
The Injuries Suffered in this Long Island Car Accident
Our client suffered an initial head injury, a broken tooth and soft tissue injuries to his neck, back and knee. The insurance company attempted to deny payment by arguing that the broken tooth was not caused by the car accident and that his soft tissue injuries did not warrant compensation because they did not meet the serious injury threshold. To win a motor vehicle accident case in New York, a plaintiff’s injuries must meet the definition of a serious injury. New York’s No Fault law established a definition of a serious injury and a plaintiff must meet this definition or the case will be lost. Fractures and broken bones automatically qualify as serious injuries, but soft-tissue injures do not and it has become increasingly difficult to meet the serious injury threshold in soft-tissue injury cases.
In this case, we argued that the broken tooth meant that our client automatically met the serious injury threshold and that the length of treatment for his back, neck and knee injuries also met the serious injury standard. The medical review nurse for the Schlitt Law Firm prepared a detailed analysis of the medical records to demonstrate that the broken tooth came from the car accident and to demonstrate the seriousness of the soft tissue injuries. We used extensive case law research to build the maximum value for the case.
Negotiating a Settlement in this Car Accident Case
Working with the original attorney, Edward Vilinksy, Carol L. Schlitt and the Schlitt Law Firm developed a definitive case on liability and a well-researched and documented case on damages. The insurance company had resisted offering a credible settlement, but as the case neared trial the circumstances changed. Carol L. Schlitt took the lead in the negotiations and has a well-earned reputation as a strong trial attorney. (She has been named a Super Lawyer for each of the last three years.) Confronted with the case that Carol L. Schlitt would have put on at trial, the defendant insurance company entered into serious settlement talks and made a satisfactory settlement offer on the eve of trial. The result made very a very happy client and referring attorney.
If you or a loved one has been hurt in a car accident case, you may want to consult a New York personal injury attorney experienced with car crash cases. At the Schlitt Law Firm, we would be glad to answer your questions and assist you. There is never a charge for the consultation. You can call us at 1-800-660-1466 or email us. You can also visit our website or read more on our blog, New York Law Thoughts.
The Schlitt Law Firm
New York Personal Injury Attorney
The referring firm in this case, the Law Firm of Edward Vilinksy, is a general practice law firm located in Brooklyn, New York. You can contact them at 718-927-0100.
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.
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