Settlement for a Queens Woman Injured in a Bicycle Accident Case February 13, 2012
Posted by Carol L. Schlitt in Bicycles.Tags: Bicycle Accidents, car accident attorney, New York Personal Injury Lawyer
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On a Sunday morning last May, a young woman from Queens rode her bicycle to work when a livery car driver struck her, throwing her in the air and injuring her. She wanted No Fault coverage so she could receive much needed medical care and she wanted compensation for her injuries. She retained our law firm to represent her. The livery cab company initially denied responsibility, claiming that the woman failed to stop at a stop sign, but we prevailed and the livery company settled. In the end, No Fault insurance covered the care for her injuries and the livery cab company’s insurance coverage paid compensation to the woman for her pain and suffering.
New York’s No Fault Auto Insurance Laws and Bicycle Accidents
New York’s No Fault auto insurance provides coverage to bicyclists injured in an accident with a motor vehicle. If a bicyclist is injured by a car or truck, the bicyclist should file a No Fault claim with the insurance company for the vehicle that hit him or her. In this case, our client received her No Fault through the insurance company for the livery cab.
No Fault coverage also extends to pedestrians hit by a car or truck.
Winning and Settling Cases in New York when Bicycle Accidents Lead to Injuries
Bicycle cases have a special place in this office because we are bicyclists. My husband and I have made trips from Long Island to Boston and to Cape Cod. I have ridden in and around Manhattan and when living in Manhattan, Mark commuted to work on his bicycle. We know what it is like to ride on roads of Long Island as cars speed by. I have written bicycle safety articles and been an advocate for bicycle safety throughout my career.
This bicycle accident case is similar to many I have handled. The woman rode her bicycle and stopped at a stop sign. She checked for traffic and started to cross the street. While crossing the street, the livery car struck her and knocked her from her bicycle.
The defense argued that the driver had the right of way because he did not have a stop sign. We countered that our client had checked for traffic and the livery driver must have been speeding. He also had an obligation to avoid the accident, which he failed to do.
After we negotiated over liability, we were able to reach a settlement that greatly pleased our client.
If you or a loved one has been hurt in a bicycle accident, you may want to consult a New York personal injury attorney experienced with bicycle 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 2010-2012 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 $25,000 Settlement for a Queens Woman Injured in a Nassau County Car Accident February 10, 2012
Posted by Carol L. Schlitt in Car Accidents, NY No-Fault Auto Insurance.Tags: NY No-Fault, New York Personal Injury Lawyer, motor vehicle accident, serious injury, soft tissue injuries, car accident cases, soft tissue cases, injury threshold
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A Queens woman driving with her boyfriend pulled up to a red light in Lawrence, New York. Suddenly, a car struck them from behind, knocking the woman forward and then snapping her back against his seat. The woman went to the hospital with a headache, neck pain, right shoulder pain and low back pain. The woman retained me to represent her in an effort to collect compensation for her damages.
The challenge in this case came not from proving liability – in a rear-end car crash it is easy to prove the other driver 100 percent liable – it came from winning compensation in a case with soft tissue injuries because of the need to meet the serious injury threshold of New York’s No Fault insurance law.
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 struck 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.
Meeting the Serious Injury Threshold of New York’s No Fault Insurance Law
The woman in this case suffered real injuries, though her injuries involved soft-tissue injuries, also known as whiplash, and they happen to be the most common injuries in a rear end collision. Injuries such as herniated or bulging disk and muscle or ligament tears are all soft tissue injuries. Under New York’s No Fault laws, winning cases with soft-tissue injuries is increasingly difficult. To collect compensation, a plaintiff must meet the serious injury threshold and many soft-tissue cases do not meet this requirement. Insurance companies are increasingly fighting these cases, as this CNN report shows.
In our practice, we have had good success winning settlements in soft-tissue cases. In this case, argued that we would meet the serious injury threshold for five reasons:
- Immediate complaints at the scene of the accident
- Emergency room treatment on the day of the accident
- Consistent treatment since the time of the accident, over eleven months
- Documented loss of motion of her lumbar spine and her right shoulder
- Objective findings of injury to her lumbar spine and right shoulder
The key to overcoming the serious injury threshold in soft-tissue cases is having documentation and consistent and lengthy treatment. While the insurance company argued that they would prevail at trial by claiming that the case would not meet the serious injury threshold, the presentation of facts gave them enough doubts to enter into serous settlement talks.
Settling the Car Accident Case
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 2010-2012 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.
Pedestrian Accidents: Building a Winning Case February 6, 2012
Posted by Law Office of Carol L. Schlitt in Pedestrian Accidents.Tags: knockdown case, New York Personal Injury Lawyer, Pedestrian accident, pedestrian case
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Perhaps there is no more frightful collision than a pedestrian being struck by a motor vehicle. I have assisted many clients injured while out walking and a car or truck hit them, leaving not only serious physical injuries, but emotional trauma too. I do all I can to support my clients in their efforts to recover from such an incident and to help them receive the maximum compensation possible.
Pedestrian Knockdown Incidents in New York State
In 2010, the New York State Department of Motor Vehicles recorded 16,357 incidents involving a motor vehicle and a pedestrian. Almost all of those knockdowns led to pedestrian injuries, or worse, fatalities. There were 16,800 people injured in those incidents and 312 people lost their lives. Many victims injured in pedestrian knockdown cases contact my office to ask me to help them receive compensation for their injuries and to find some justice in what may be a difficult situation. The primary reasons for compensation are lost wages, unpaid medical bills and the pain and suffering that a person endures due to the injuries suffered.
Receiving the Necessary Medical Care
The most important challenge for a person injured in a pedestrian knockdown collision is to receive the necessary care so they can have a full and fast recovery. The good news is that a person injured in a pedestrian knockdown can receive coverage for their medical care. Pedestrians injured in a motor vehicle accident in New York are entitled to No-Fault coverage. This means that New York’s No-Fault insurance will cover all medical bills related to the incident up to a State-mandated minimum of $50,000, though some individuals purchase additional coverage. The coverage to the injured pedestrian is provided through the insurance company for the vehicle that struck the pedestrian.
We assist clients in filing for No Fault coverage. When necessary and appropriate, we help clients find doctors who can treat their injuries. If expenses exceed $50,000, we help clients arrange for coverage through their private insurance, if appropriate. For clients who lack insurance and exceed the $50,000 limit, we can help them receive care by arranging for healthcare providers to accept a lien on an eventual settlement or court award in lieu of demanding payment upfront. We do all we can to help our clients receive the medical care they need to recover from their injuries.
Proving Liability by the Defendant: Building Evidence in the Pedestrian Knockdown Case
We only represent plaintiffs in their efforts to recover damages from cases in which a defendant’s negligence or recklessness caused them harm. In cases involving a pedestrian knockdown, we start with the client’s version of events. Often times, clients have crystal clear memories of exactly what happened, though sometimes they lack all memory. I have one current case where a man suffered a head injury and has no memory of what happened. We immediately retrieve a police report and ambulance report. The police report may identify witnesses and may include other information to help build the case. We take photographs of the scene and prepare maps and diagrams. We seek reports of similar incidents and file Freedom of Information Law (FOIL) requests, if necessary. We will speak to any witnesses to gain their version of what happened. Identifying and tracking down a witness can provide a key point of leverage in a case, especially if the only other accounts come from the defendant and plaintiff, thus a witness can break the tie in the proverbial “he said, she said” case.
I have handled many cases where liability was clear. For example, in one case a man crossed in the crosswalk and a driver admittedly failed to yield and struck him. In another, an MTA bus rolled into a crosswalk and struck a woman. In another case, a man in a crosswalk was hit by a taxi and witnesses saw that the taxi failed to yield.
In other cases, the liability is not so clear cut. Often times, the driver claims to be in the right and the pedestrian says the driver was in the wrong. In these cases, we gather all possible evidence and testimony to tip the scales in our client’s favor. New York allows comparative liability findings where both the driver and the pedestrian bear some of the blame for the incident, yet comparative liability will result in a payment of compensation to the injured pedestrian.
Determining the Value of the Pedestrian Accident Case
The damages suffered in a pedestrian knockdown case will vary widely depending on the nature of the injury, the required treatment, the outcome after treatment and the impact on the person’s life. We begin by interviewing our clients about their injuries and the impact the injuries have on their lives. If clients missed work or the injuries had other impacts on their lives, we collect supporting documentation such as wage records. We will collect medical records and consult with our medical reviewer to assess the records and to determine the best way to present them. With the analysis of the medical records complete, we research similar cases to determine what the courts have awarded for similar injuries. Just as importantly, we research what the appeals courts have upheld in similar cases. While each case is unique and stands on its own merits, case and trial research provides a foundation for arguments to maximize compensation.
Do We Settle or Go to Trial in the Pedestrian Knockdown Case?
I pursue two paths in all cases: I build and develop a case to prepare for trial while simultaneously seeking opportunities to achieve a settlement. In pedestrian knockdown cases, as in all non-medical malpractice cases, I prefer to present a Settlement Proposal before filing a lawsuit. My experience finds that defendants often have greater flexibility to settle a case prior to filing a lawsuit. If we do not reach a settlement that meets the value of the case and my client’s expectations, then we will file a lawsuit and proceed to trial.
With the investigation and evaluation of the damages complete, I prepare a detailed Case Assessment to review with my client. The Case Assessment evaluates the liability of the defendant, the value of the damages, and the current value of the case. It is an important document because it educates my clients about their case and provides the framework for both a potential settlement and a trial.
After reviewing the Case Assessment with my client and receiving his approval, I prepare a Settlement Package to send to the defendant. The Settlement Package is a key document because it presents the defense with all the information they need to assess the case. The presentation is very important, both to make it possible to settle the case and to maximize the value of the case for my client.
I prefer to make the Settlement Proposal prior to filing suit because it minimizes the expenses for all involved and the defendant frequently has more flexibility to settle a case before a lawsuit is filed. If we cannot reach a settlement, then I will file a lawsuit and begin the legal process that leads to trial. If we do not settle prior to filing a lawsuit, we can still settle the case right up until the time of trial.
I hope you found this information helpful. If you or a loved one has been hurt in a pedestrian accident, you may want to consult a New York personal injury attorney experienced with pedestrian knockdown 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
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. 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.
Making Mediation Work: A $350,000 Settlement in the Mediation of a Bronx Trip and Fall Case February 3, 2012
Posted by Carol L. Schlitt in Slip and Fall, Trip and Fall.Tags: Bronx slip and fall, New York Personal Injury Lawyer, personal injury mediation, personal injury settlement, slip and fall settlement, Stairway Accident
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In working to resolve cases in my client’s favor, I will sometimes engage in a formal mediation process. In this particular case, mediation led to a $350,000 settlement. Let me share some information about the case and the mediation process.
The Facts of a this Bronx Stairway Injury Case
A Bronx Home Health Aide arose to go to work one morning. As she walked down the stairs in her apartment building, she slipped, tripped and fell on some construction debris left on the stairs. The incident left the woman with a broken ankle that required surgery. The woman asked me to represent her in an effort to collect compensation for her injuries. We investigated the incident and built upon a strong case. We presented a Settlement Proposal to the defendant and participated in a mediation. After the mediation, we settled the case for $350,000. The settlement enabled the woman to relocate her family to Florida.
Proving Negligence in a Slip and Fall Case in the Bronx
To prove negligence, we needed to show that the landlord either caused the condition that injured my client or show that the landlord had prior knowledge of the condition and an opportunity to either remove the hazard or warn tenants of the problem. In this case, we traced the debris on the stairway to construction conducted by the landlord in the building. Our interviews with our client and other tenants also found that many tenants had complained about the debris. And we found tenants with photos of the debris and one woman who had taken a video of the aftermath from my client’s fall. This evidence helped us build a strong case to prove that the landlord defendant had both created the hazardous condition and had extensive warning about the hazard.
Settling a Case through Mediation
In my practice, after I complete my investigation, I present a Fact Sheet to my clients to review the fact pattern in a case. After my client’s medical condition stabilizes and I collect all the medical records, I prepare a detailed Case Assessment that examines liability and damages and determines the current value of the case. I review that document with my client and with their approval, I present a Settlement Proposal to the defense. Many attorneys simply submit a number as a settlement proposal, but I present a full package including a summary of the facts of the case, an analysis of liability and damages and all the supporting evidence. Doing so provides the defense with the information they need to assess the case and frames the case in the best light for my client. This approach yields a high rate of early settlements for my clients.
In some cases, defendants prefer to take a case to mediation or arbitration. This can be particularly true in higher value cases. I usually try to resolve the case before waiting for a mediation or arbitration, but many adjusters like the cover that mediation affords them. If questioned by a superior about a large settlement, they can say, “That’s what the mediator suggested” or “That’s what the arbitrator determined.”
A mediation and arbitration operate the same except an arbitration is binding and a mediation is not. The keys to success lie in preparing well, preparing as if preparing for a full trial, and selecting the right mediator. It is important to know the mediators and arbitrators to make sure that you can avoid picking one who tends to favor defendants. My experience and contacts in the field enable me to know many of the leading mediators.
A mediation usually begins with each side presenting the basic outline of their case. There are no witnesses; often the defendant and plaintiff are not present. The mediator will meet with each side individually and then try to mediate the case either by bringing the two parties together for joint conversation or shuttling back and forth between both parties.
In this case, my client did not attend the mediation, but we had carefully reviewed the case and my assessment in advance and had an agreed upon value of the case. I was able to negotiate an offer that exceeded my client’s expectations which made accepting the offer easy to do.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall or a stairway accident or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall 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
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. 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.
Settlement for a Slip and Fall in a Bronx Stairway January 23, 2012
Posted by Carol L. Schlitt in Slip and Fall, Stairway Accidents.Tags: New York Personal Injury Lawyer, personal injury settlement, Slip and Fall, Stairway Accident
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In late June 2011, a mother went to pick her daughter up from a charter school in the Bronx. While walking down an interior stairway, she slipped on a small puddle of water, fell down several steps and injured her ankle. A trip to the emergency room at Lincoln Hospital revealed she suffered a fractured ankle (lateral malleolus). The woman asked me to represent her in an effort to collect compensation for her injuries. After conducting an investigation of her case and negotiating with the insurance company for the charter school, we reached a settlement. In just over four months from the date the woman retained me, we settled her case, making for a very pleased client.
A Slip and Fall in a Bronx Stairway
In this case, the woman had left work to pick her daughter up at school. It has been raining much of the day and the woman dressed for the weather and brought an umbrella. She walked down a long hallway in the school and then went up a stairway to her daughter’s classroom. After speaking with her daughter’s teacher, the woman began walking back down the stairs.
She held onto the hand rail with her left hand and carried a small plastic bag in her right hand that held her umbrella. As she reached the second step, her foot slipped on some water and her feet went out from under her. She fell backwards and went down the remaining flight of stairs. Her right leg bent underneath her and she heard a “pop.”
The woman lay in pain at the foot of the stairs. She tried to get up, but felt too much pain in her right leg. A school official came to her aid and called an ambulance. The ambulance took the woman to Lincoln Hospital.
Proving Liability in a Stairway Slip and Fall Case
The challenge in this case was to prove that the school was negligent in allowing the water to gather on the interior stairway and not cleaning it up or warning people about the hazard. In this case, we had the statements of our client and her daughter. We had photographs and diagrams of the incident as well as an ambulance report, all of which we used to support our case. The insurance company for the charter school argued that the school could not prevent water from coming inside on a rainy day, but we showed how this was not an exterior stairway, but a stairway well inside the building.
With this evidence and the way we built our arguments, we were able to present a convincing case to the defendant.
Settling a Slip and Fall Case Quickly and for Good Value
After investigating the case and after my client’s health status stabilized, I prepared an assessment of the case. I reviewed the case assessment with my client and then presented a Settlement Proposal to the defendant’s insurance company. I do all I can to move my clients’ cases as quickly as possible. Once I presented the Settlement Proposal to the insurance company, we entered into negotiations. The adjuster posed certain challenges and requested some additional information. I responded as quickly as possible and demonstrated both the thoroughness and strength of our case. We were able to settle the case for good value at an amount that pleased my client and we did so in less than just over four months from the day my client retained my services.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall or a stairway accident or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall 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
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. 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 for a Slip and Fall in a Brooklyn Supermarket January 10, 2012
Posted by Carol L. Schlitt in Slip and Fall.Tags: Fall in a supermarket, New York Personal Injury Lawyer, Slip and Fall, Supermarket Case
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In July 2011, a woman entered her local Pathmark supermarket in the Sunset Park section of Brooklyn. As she walked towards the front of the store, she slipped on a small puddle of water and fell. The slip and fall left her with injuries to her back and leg. She asked me to represent her in an effort to collect compensation for her injuries. After conducting an investigation of her case and negotiating with the claims manager for the supermarket, we reached a settlement. Less than 20 days later, her settlement check arrived today, making her a very happy client.
The Facts of the Slip and Fall Case in the Supermarket
The woman had entered Pathmark to do some grocery shopping. She was dressed casually and wearing rubber flip-flop sandals. A small puddle of water – approximately 2 feet by 2 feet – had formed in front of aisles 17 and 18 of the supermarket, but it was not obvious to the observer. The woman walked in the area as part of her shopping and slipped on the puddle. Her feet went out from under her and she reached out to brace herself, but she landed on her behind.
Other patrons immediately came to her assistance and the store manager came over to help. The store manager called for an ambulance which took the woman to Methodist Hospital.
Proving Liability in a Supermarket Slip and Fall Case
The challenge in this case was to prove that the store was negligent in allowing the puddle and not cleaning it up or warning customers of the hazard. In this case, we had the statements of our client and the man who was shopping with her. We also managed to interview the store manager, who corroborated our client’s account of events. Using photographs and diagrams, we were able to demonstrate that this puddle formed in an area with high foot traffic that was immediately visible to the personnel working in the front-end of the store.
We built an argument that demonstrated that the water came from a leaking freezer and was in an area that the store should monitor and keep safe and was in an area that store personnel could easily see.
With this evidence and the way we built our arguments, we were able to present a compelling case to the defendant.
Settling a Case Quickly and for Good Value
While I love my work as a lawyer, I cannot stand the slowness of this business. So many cases take too long to resolve. In our law firm, we commit ourselves to moving every case as fast as possible. In this case, as soon as we completed our investigation and as soon as my client’s medical condition stabilized, we sent a Settlement Proposal to the insurance company for the supermarket. We entered into negotiations and when they asked for additional information, I provided it right away. In the end, we were able to settle the case for good value at an amount that pleased my client and we did so in less than six months with the settlement check arriving six months from the date of the incident.
I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall at a supermarket or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall 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
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. Remember: past performance does not guarantee future results.
A Settlement in a Brooklyn Car Accident Case with a New York City Sanitation Truck December 30, 2011
Posted by Carol L. Schlitt in Car Accidents, Motor Vehicle Cases, Municipal Law.Tags: car accident attorney, lawsuits against New York City, New York Personal Injury Lawyer, sanitation truck accidents
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In March 2011, a Brooklyn businessman rode in the front passenger seat in a colleague’s car when they came to a stop at the intersection of Troy Avenue with Fulton Street in Brooklyn. Suddenly, a New York City Sanitation truck hit them from behind causing minor damage to the car and sending both the driver and the passenger to Kings County Hospital. The Brooklyn man suffered soft tissue injuries and retained me to represent him. This week, we settled the motor vehicle case with the City of New York making the Brooklyn man very happy.
New York City Sanitation Truck Accidents
I have handled many cases involving New York City Sanitation trucks, including three cases in the past six months. These cases require knowledge and experience with motor vehicle cases in New York and experience bringing cases against the City of New York. It is particularly important to have familiarity working with the City, knowing the special requirements (such as the need to file a Notice of Claim and handling 50-h hearings), but also have experience negotiating with the Comptroller’s Office and the New York City Law Department. Having worked as an attorney for the City and having both settled and tried many cases against the City provides the experience I need to do the best job possible in helping my clients receive the maximum compensation in the shortest time possible from the City of New York. This case took less than eight months to resolve and my client received a settlement that made him very happy.
If you or a loved one has been hurt in a motor vehicle accident case with a New York City Sanitation truck, you may want to consult a New York personal injury attorney experienced with settling and winning cases against the City of New York involving sanitation vehicles. 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.
Avoiding Car Accidents on Winter Nights December 29, 2011
Posted by Carol L. Schlitt in Car Accidents, Motor Vehicle Cases.Tags: car accident, car accident attorney, New York Personal Injury Lawyer, ny personal injury attorney, safe driving
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I am a personal injury lawyer who handles many car accident and motor vehicle cases. These cases all involve negligent or reckless driving and therefore the injuries suffered by my clients could all have been avoided. Just recently, I settled several hit-in-the-rear car accident cases where drivers failed to pay attention and wound up crashing into my clients’ cars. When a client suffers injuries and other damages due to the negligence of another driver, I work hard to get my clients the most compensation in the shortest time possible. It is always good to deliver a large settlement or court victory to a client, but better yet would be to avoid the car accident altogether.
With the short days and long nights of winter, night time driving becomes more prevalent. I want to share an article that the American Automobile Association (AAA) of New York has published in their most recent magazine with some good tips for safe night time driving.
Particularly in this holiday season, I want to wish everyone safe driving. Part of safe driving means not only do you have to drive safely, but watch out for the other driver who becomes a threat on the roadway.
Have a happy holiday season.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
http://NYLawThoughts.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.
How Lazy and Impersonal Can a Lawyer Be? Insurance Company Responds to a Slip and Fall Case by Using Auto Accident Papers December 16, 2011
Posted by Law Office of Carol L. Schlitt in New York Law.Tags: attorney mistakes, Lawsuit in New York, New York Laws, New York Lawsuit, New York Personal Injury Lawyer, ny personal injury attorney, Slip and Fall
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I received some papers in a slip and fall case that are both comical and maddening. In response to a summons and complaint for a case where a woman suffered an injury in a stairway fall, the attorney for the insurance company responded with papers for an auto accident. Here were some of the requests made. Remember this is a trip and fall case.
“Set forth the name and address of the owner and operator of each vehicle involved in the occurrence.”
“Set forth the year, make, model and license plate number (indicating state and year) of each vehicle allegedly involved in the occurrence.”
It’s a trip and fall case. No cars. No vehicles. No license plates. Forget the stilted legalese; it’s laughable that someone could be so cavalier as to not even review the papers he sends out.
What a waste of time. What a waste of money. The insurance industry decries fraud and abuse and blames plaintiffs’ attorneys and victims filing claims for damages. But here’s another example of the insurance company’s own laziness and how it wastes time and money.
How did this happen? The attorney received my summons and complaint for a slip and fall case and relied on a paralegal or an automated system to respond. In either situation, no one cared very much about what they did and no one reviewed what they sent out. They do not view cases as important issues for victims; they are merely processing paperwork.
Let’s admit that no one is perfect and we need to understand that people will make a mistake. Nonetheless, it is one thing to let a typo slip by undetected; it is another thing to use auto accident papers for a slip and fall case. Responding to slip and fall papers with papers meant for an auto accident case could only happen when no one is paying attention.
One of the reasons that I practice personal injury law is that I want to know my client and I want to know the person for whom I fight. The practice of law still depends on personal relationships between a client and a lawyer. This type of work smacks of the most impersonal, bureaucratic practice of law.
I handle cases from beginning to end and prepare all the legal papers myself because I believe that the details matter. Many cases are similar, but each case has a unique fact pattern and we need to pay attention to the details of each case. Two slip and fall cases may be similar, but they will have a different fact pattern and different issues.
I take the practice of law very seriously and work very hard for my clients. It bothers me to encounter such slipshod work. I write this blog piece to get my frustration off my chest and to call out the lazy lawyers. We all need to commit to higher standards for our clients and ourselves.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
http://NYLawThoughts.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.
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