Long Island Pedestrian Struck by Car Settles Case for $100,000 May 3, 2012
Posted by Carol L. Schlitt in Car Accidents, Huntington, Pedestrian Accidents.Tags: car accident attorney, east northport, Huntington Attorney, long island car accident, New York Personal Injury Lawyer, Pedestrian accident, Suffolk County Car Accident Case
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A Long Island man crossing Larkfield Road in East Northport was struck by a pick-up truck and badly injured. The injured man retained our law firm to represent him in an effort to collect compensation from the man who hit him. We investigated the case and overcame the objections of the defendant to force an early settlement of the full insurance policy of $100,000.
The Fact Pattern for this Pedestrian Accident in Suffolk County
My client waited for the light to change so he could cross Larkfield Road in East Northport. As he walked in the cross walk, the driver of a pick-up truck making a left turn struck him and knocked him to the ground. The driver said he did not see my client, but the accident happened in the middle of the afternoon on a perfectly clear day. Police and an ambulance rushed to the scene of the accident.
Since my client was a Vietnam Veteran, the ambulance took him to the VA Hospital in Northport. Doctors there transferred the man to Stony Brook Medical Center where he underwent surgery to repair his badly broken hip. He returned to the VA Hospital to recover from the surgery.
To Settle or to Go to Trial in a Car Crash Case?
The driver tried to argue that our client was at fault and deserved the blame for the crash. The insurance company initially resisted accepting any liability. We investigated the case and collected our client’s medical records. We built a strong case of liability against the driver who struck our client. Our evidence and arguments overwhelmed the insurance company’s objections.
We also documented the extensive injuries and treatment that our client underwent. We assessed the case as having a value of many hundreds of thousands of dollars, one that at trial could even bring $1 million. However, the driver only had a $100,000 insurance policy on the vehicle and limited income and assets to pay a court award beyond the insurance policy.
In this and similar cases, we present our clients with a choice. We can work for an immediate settlement paying the full amount of the insurance policy – in this case $100,000 – or we can go to trial. While there are always risks associated with going to trial, we could expect to win much more than the $100,000. We could then attach a judgment to the defendant’s income and assets to collect any award over $100,000. But if the defendant has limited income and assets, the ability to collect more money is reduced. In this case, we investigated the ability of the defendant to pay beyond the insurance policy and found that he had limited income and assets and no real ability to pay for damages.
At the Schlitt Law Firm, we commit ourselves to developing the case so we can maximize the compensation that our clients receive. We always present a trial assessment of each case and advise our clients on the advantages and disadvantages of settling a case or proceeding to trial. The decision to accept or reject a settlement always rests with our client.
In this case, our client decided to take the $100,000 insurance policy rather than wait the two plus years for a trial at which it was unlikely that he could collect more than the $100,000. We made sure that our client received a rapid payment.
I hope you have found this information helpful. If you or a loved one has been hurt in a motor vehicle accident, you may want to consult a New York personal injury attorney experienced with settling and winning car accident and pedestrian cases. I would be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
www.NYLawThoughts.com
1-800-660-1466
Carol@SchlittLaw.com
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.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
New York Personal Injury Lawyer Announces Settlement for Injury Caused by Faulty Packaging at a Long Island Department Store April 3, 2012
Posted by Carol L. Schlitt in Huntington, Product Liability, Trip and Fall.Tags: Department store injury, New York Personal Injury Lawyer, personal injury settlement, Suffolk County personal injury attorney, Suffolk trip and fall, Trip and Fall
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During the holiday season last year, a Huntington woman did some shopping at the Walt Whitman Mall. The woman purchased a large comforter and a store employee created a bag to carry the comforter. As the woman rode the escalator, the bag broke, knocking her down. She injured her head and back and required an ambulance to take her to the emergency room. The woman called and asked for a free consultation. After discussing the case with her, the woman asked us to represent her in an effort to collect compensation for her injuries. This week, we reached a settlement with the department store.
A Trip and Fall on a Department Store Escalator
My client had purchased a comforter at a department store at the Walt Whitman Mall in Huntington Station. The store employee packaged the comforter in a large plastic bag and created a handle between each side of the plastic bag so that my client could carry the package. The “handle” was constructed from tape. My client went straight from the cashier to the escalator intending to leave the store. While on the escalator, the handle fabricated by the store employee broke causing my client to fall backwards on the escalator striking her head, low back and left shoulder onto the escalator surface.
What Makes this A Personal Injury Case?
A negligence case exists whenever another person or organization’s negligence causes you harm or injury. In this case, the store employee offered to create a carrying device for the shopper to carry the comforter. The shopper, my client, had a reasonable expectation that the store employee knew what she was doing in offering this hand-crafted device. She relied on the employee’s recommendation that she should carry the comforter in the bag. But the bag the employee created was not safe. It broke and caused my client to fall and injure herself.
In the best situation, the department store should provide an appropriate means to carry the oversized comforter. Short of that, the employee should make sure the bag is safe and strong enough to carry the comforter before giving it to the customer.
What if the employee never offered the bag? If the employee had not offered the bag, then the store would not be liable. However, the store may lose customers if shoppers cannot carry items they purchase from the store.
I do not blame the employee. She was trying to help a customer. The fault lies with management for not providing the right supplies to employees.
Settling this Department Store Injury Case
As soon as the injured woman retained us to represent her, we started working on her case. We investigated the case so we could document the sequence of events that led to her fall and injury on the escalator. Once my client’s medical condition stabilized, we collected all her medical records and our medical review nurse assembled, reviewed and analyzed the records. I did the case law research to identify similar cases with similar injuries so we could put the maximum value on the case. I then prepared our Case Assessment, a comprehensive document that analyzes and assesses liability and damages, puts a value on the case and outlines what the case would look like at trial and in settlement. After reviewing the Case Assessment with my client, I presented the department store with a Settlement Proposal. After negotiations, we were able to reach a settlement that offered good value for the case and pleased our client.
I hope you found this information helpful. If you or a loved one has been hurt in a department store due to someone else’s negligence, you may want to consult a New York personal injury attorney experienced with such cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
www.nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com
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.
All content of this site:
© copyright 2010-2012 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
A Settlement in a Long Island Car Accident Case with a Rear End Collision November 22, 2011
Posted by Carol L. Schlitt in Car Accidents, Huntington, Personal Injury Law.Tags: hit in rear accident, Huntington, long island car accident, long island car accident attorney, Long Island Personal Injury Attorney, NY attorney, rear end accident
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A Huntington man sat in his car at a red light waiting for the light to change. Suddenly, a car struck him from behind, knocking the man forward and then snapping him back against his seat. The man went to the hospital and was discharged with lumbar and cervical pain. The man retained me to represent him in an effort to collect compensation for his damages.
The case proved challenging because the insurance company did not want to make an offer on the case because they did not deem the man’s injuries worthy of compensation. I developed a strategy to pursue the case through the legal system and use that as leverage to increase the insurance company’s offer. This week, we settled the case for an amount that made my client very happy and avoided a lengthy wait and ordeal of going all the way to trial.
The Rear End Car Accident Case
Many car crashes involve rear end collisions. This case was fairly typical: while waiting at a traffic light, another driver plowed into the rear of my client’s car. New York State law assumes that all drivers who strike another car from the rear bear full liability for the collision unless they can demonstrate unusual circumstances that would diminish their responsibility. There were no mitigating circumstances in this case.
In many rear end car accident cases, I file a summary judgment motion asking the court to rule that the defendant is 100 percent liable for the accident. Once granted a summary judgment, we only need to prove damages at trial.
Battling a Low Bid Insurance Company
Let’s face it: an insurance company will do all it can to minimize the payment they make in a car accident case. My job is to maximize the compensation that my clients receive. The insurance company will evaluate what a case is likely to bring at trial and what going to trial will cost the company. Therefore, I demonstrate how we will prevail at trial on liability and prove the maximum damages. I work hard to develop every aspect of a case and demonstrate to the insurance company the willingness to go to trial, the thoroughness of the trial preparation and the strength of the case we will present. I have an extensive record of winning trials – at heart, I am a trial attorney – which bolsters the strength of my settlement negotiations.
In this case, I worked with my client to gather all his medical records and to understand the extent of his injuries and their impact on his life. I analyze those records and the information he provided to demonstrate the maximum value of his damages. I also identified similar Long Island car accident cases. The insurance company raised their offer, but not enough to meet the value of the case or my client’s needs. We filed suit and began to prosecute the case aggressively. This approach led the insurance company to raise their offer again until reaching a point that represented a fair value for the case and enough to satisfy my client. In the end, the settlement amount represented ten times what the insurance company initially discussed.
Some cases settle quickly. Some cases require going to trial. Some cases require extensive negotiations and the filing of a suit before they will settle. Each case has a unique set of facts and each client’s situation is unique to that client. I develop an approach for each client and each case. Past results do not guarantee future outcomes. What matters is what I do for each of my clients.
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 accident cases. I would be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
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.
All content of this site:
© copyright 2010-2011 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Settlement in a Suffolk County Hit in the Rear Car Accident Case July 11, 2011
Posted by Carol L. Schlitt in Uncategorized, Motor Vehicle Cases, New York Law, Car Accidents, NY No-Fault Auto Insurance, Legal Services, Huntington, Personal Injury Law.Tags: NY No-Fault, car accident, car accident attorney, ny personal injury attorney, New York Laws, New York Personal Injury Lawyer, Insurance Policies, motor vehicle accident, New York Lawsuit, Lawsuit in New York, Top Bronx Attorney
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On a Friday evening in May 2010, a Suffolk County woman eased her car to a stop at a red light on Jericho Turnpike. While waiting at the traffic light, another driver struck her car from behind. The accident left her with neck and back injuries, though no broken bones. The insurance company made an immediate offer to the woman, telling her that she only had soft tissue injuries and would not receive much. She asked me to represent her for this matter and I settled the case for $45,000 and she will receive many times what the insurance company initially offered.
Proving that a Soft Tissue Injury Meets the Serious Injury Threshold in New York
It is difficult, though not impossible, to prove that a soft-tissue injury meets the definition of a serious injury in New York. In this case, an ambulance took my client to Huntington Hospital. The Emergency Room staff took x-rays and CT scans. They found no broken bones, but did diagnose a neck sprain, head contusion and cervical radiculopathy. They discharged the woman with a combination of painkillers, anti-inflammatories and a referral for follow up care. The woman went on to receive extensive physical
therapy and steroid injections for pain. She missed work and received extensive orthopedic and chiropractic care.
We built an argument that the woman met the serious injury threshold based on a clear diagnosis of traumatic injury, lost time from work and the extensive nature of her medical treatment.
Negotiating a Settlement in a Car Accident Case
In my practice, I thoroughly investigate a case and wait for my client’s medical condition to stabilize so we can understand the full extent of the injuries and treatment. In this case, we had to wait many months for the full extent of her injury to become clear. Once we had all the necessary information, I completed a detailed case assessment and identified the value of the case. The insurance company initially offered an amount much less than the value of the case. Therefore, I prepared to file the lawsuit and begin preparations to take the case to trial.
The insurance company reconsidered their evaluation of the case as we presented additional medical evidence and they saw
the strength of our case. We continued our negotiations until arriving at the maximum value for my client.
If you or a loved one has been hurt in a car accident, you may want to consult a New York personal injury attorney experienced with car accident cases. I would be glad to answer your questions and assist you. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
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, each case has a unique fact pattern. Past results do not
guarantee future outcomes.
All content of this site: © copyright 2010-2011 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.
Clearing Snow from the Roofs of Cars and Trucks: A Matter of Courtesy and Safety January 13, 2011
Posted by Carol L. Schlitt in Car Accidents, Consumer News, Huntington, In the News, Motor Vehicle Cases, Personal Injury Law.Tags: car accident, car accident attorney, Huntington, Lawsuit in New York, motor vehicle accident, New York Laws, New York Lawsuit, New York Personal Injury Lawyer, ny personal injury attorney, Top Bronx Attorney
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We had another massive snowstorm hit Long Island, dropping 16 inches in my town of Huntington. I suppose this is more of what Thomas Friedman calls “global weirding”: the warmest year on record followed by a winter of tremendous snowstorms. When I reached my car this morning, I found it covered in snow. It took me nearly fifteen minutes to clear my car, including the pile of snow on the roof.
People have become more aware of clearing snow from the roofs of their vehicles in recent years. If you drive with snow on your car, you can put yourself and other drivers at risk. The snow and ice can blow off and obscure your vision or blind another driver. I had a friend who suffered a terrible injury that required plastic surgery in an accident on the New Jersey Turnpike a few years back caused by snow and ice blowing from the roof of a tractor-trailer. The ice shattered the windshield of her car and caused her to crash. She was lucky to live.
We can all agree that one should clear the snow and ice off one’s car or truck before heading out onto the roads. It is the thing to do for safety and courtesy. Failing to do so does raise some legal issues.
Failure to Clear Ice and Snow from a Vehicle Could Be Construed as Negligence
If you fail to clear the ice and snow off your car and it blows off onto another car causing an accident, you could be held liable for the damages the other driver suffers. Why? Because failing to clear the ice and snow could be viewed as a negligent act and if your negligence causes damages to another, you can be held liable to compensate the injured party for those damages. Clearing the snow and ice from your car is a reasonable and prudent act and failing to do so could constitute negligence.
Likewise, if you suffer damages in an accident caused by snow or ice blowing off another vehicle, you may be entitled to compensation for your damages.
Laws Requiring Drivers to Clear Snow and Ice Off Their Cars and Trucks
Five states, including Connecticut and New Jersey, currently have laws on the books requiring drivers to clear snow and ice off their cars and trucks. Failing to do so can lead to a police officer pulling over the car and can result in a ticket. In Suffolk County on Long Island, County Legislator Jon Cooper (who happens to be my County Legislator) has introduced a bill that would impose fines starting at $75 for failure to clear snow and ice off a vehicle. (Read about it here.)
The introduction of such a bill raises a question: is it appropriate and necessary for laws to enforce what many view as common sense? After all, if it is plain to most that they should clear the ice and snow off their chars, why do we need a new law? Is that an example of government overreaching and interfering in every aspect of our lives?
In this instance, I think we do need a law, though I would prefer statewide legislation so that we do not have a hodgepodge of county laws. It appears clear that failing to clear snow and ice off cars and trucks creates a threat to public safety. By creating a law, our elected officials drive home the idea that this is a serious issue and people need to pay attention. It also enables police officers to pull over drivers and force them to remove a hazard from their cars. Police officers can use discretion in giving out tickets, as they do with other moving violations, but a law gives them the power to protect the public from the potentially negligent act of certain drivers. These benefits make laws to remove snow and ice from vehicles beneficial to all of us. So kudos to County Legislator Jon Cooper for addressing an issue that will help us all. Now if only legislators in Albany will follow suit – as they did with Jon’s hands-free calling legislation – then we can have statewide protection from this potential hazard.
I hope you have found this information helpful. If you or a loved one has suffered an injury in a car accident, you may be entitled to compensation. If you have questions about a potential auto accident case, you should consult an experienced personal injury lawyer in New York. I will be glad to answer your questions and assist you. There is never a charge for this consultation. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.
Carol L. Schlitt
New York Personal Injury Attorney
http://www.schlittlaw.com/
http://nylawthoughts.com/
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
A Tip of the Hat to the Village Tattler: The Local Press Makes a Difference May 17, 2010
Posted by Carol L. Schlitt in Huntington.Tags: Huntington, Huntington Patch, Huntington School Dstrict, Newsday, The Long Islander, The Times of Huntington, Village Tattler
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A Tip of the Hat to the Village Tattler: The Local Press Makes a Difference
Readers of this blog know that I am a personal injury attorney who accepts personal injury cases throughout the New York metropolitan area. What you may not know is that I live in Huntington, NY and in addition to practicing law here, I am raising my family here and I am involved in our local community affairs.
One of the recent and best changes on our local scene has been the development of two new news sources: the Village Tattler and Huntington Patch. The Patch is part of a national organization seeking to create local news coverage; Kelly Campbell edits the Huntington edition. A local woman, Rosey Mulderrig, founded the Village Tattler and her online newspaper has had a dramatic impact on local events.
The Village Tattler Stands Out
The Village Tattler devotes more space to critical local issues than any other news source and does a terrific job of informing residents of issues that will affect them and provoking thought and action. Though less than a year old, the Tattler already has a large and growing readership and an active online community posting comments on most every story. In establishing the online bulletin board, the Tattler has created a contemporary version of the town square where residents can exchange ideas and points of view. Arguments break out and minds get changed. In an increasingly complex world, it is great to see that the efforts of one woman – Rosey Mulderrig – can make such a difference.
Huntington: A Great Place with Great Challenges
I moved to here almost 13 years ago with my husband and our three boys. Wary of Long Island’s reputation for traffic and suburban sprawl, Huntington has won me over. The proximity to the City helps, but who can resist the beaches, the open spaces, the vibrant community and Huntington Village with its active arts scene and fun nightlife. We’ve watched our boys grow here, flourish in the local schools and athletic programs and we’ve come to love the many and diverse friends we have met.
Of course, no community can ever stand still. Like all other towns, Huntington faces many challenging issues. We have witnessed growing violence in Huntington Station and need to revitalize that community for the sake of the residents who live there and the entire Town. We live in the Huntington School District (USFD #3) which confronts the growing fiscal pressures faced by all school districts, but also encounters challenges regarding school security and space needs. Like many other Long Island towns, Huntington must also deal with a need for affordable housing, integration of growing ethnic and minority populations and environmental concerns.
Both my husband and I are active in our local community and want to be part of the solution in addressing these challenges. I find myself attending school board and community meetings several nights a week and it is inspiring to see so many people working to address the challenges we face, even if we disagree on the best solutions. Like my neighbors, my ability to know the issues and to see opportunities to get involved depends upon our local press.
Good Reporters Make a Difference
In praising the Village Tatter, I do not mean to slight the excellent work done by a trio of reporters writing previously existing local publications. Newsday reporter Deborah Morris, the Long lslander’s Danny Schrafel and the Times of Huntington’s Arlene Gross show up at every critical event, work hard to get the story right and keep the readers of those traditional papers well informed. They each provide a great service to our Town, often through personal sacrifice. Theirs must be an act of love for surely their wages do not cover all the hours they spend tracking down a story.
The work of those reporters taken together with the work of the Tattler and the Huntington Patch has already made a difference. More people are aware of the issues and the many factors involved with them. More people know of meetings and the opportunity and need to participate. School Board and Town Board meetings attract greater attendance than ever before with residents well informed and ready to both contribute and challenge elected officials. The accountability of our local officials has increased and this applies to both the Huntington Town Board and the Huntington School Board. No longer can an elected or appointed official simply ignore an issue nor can they expect to make decisions without anyone watching. Our School Board meetings have run past midnight with some critical remarks or votes made very late, but the next morning the Village Tattler has the news for all to read. Our Town Board has grown more responsive given the increased visibility created by the shining light of the local press.
I hope the addition of the Village Tattler and the Huntington Patch will benefit not only the residents of Huntington, but also the print newspapers. Instead of competing for a fixed pie of readers, I hope they expand the size of the pie by energizing and inspiring new readers. Like any healthy competition, I hope the introduction of the Tattler will spur the other papers to “raise their game,” and lead to a reward of more readers (and advertisers).
In a day and age when polls report on the decreasing respect for the media, it is good to see the valuable contributions made by the likes of Deborah Morris, Danny Schrafel and Arlene Gross and to see the development of new media outlets like the Village Tattler and the Huntington Patch. These changes and the work of individuals like Rosey Mulderrig and Kelly Campbell bode well for all of us.
The local media is doing their job and we need o do ours. As citizens, we need to stay informed and get involved.
I hope you found this information helpful.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.
