Wrongful Death Car Accident Case on Long Island Settles for $1.25 Million May 8, 2012
Posted by Carol L. Schlitt in Car Accidents, Wrongful Death.Tags: car accident attorney, Long Island Personal Injury Case, Million Dollar Settlement, New York Personal Injury Lawyer, wrongful death lawsuit new york
add a comment
A Long Island man drove home from a doctor’s appointment on Route 25A but never reached his destination. A car heading in the opposite direction crossed the double yellow line and struck his car head on, instantly killing the man. The tragedy left behind his widow and two college-age daughters. The family asked me to represent them and we settled the case for $1.25 million.
Wrongful death cases represent the saddest cases that we handle and require both great sensitivity for the surviving family members and steely purpose to represent the family and the name of the deceased. In this case, the other driver survived the crash and blamed my client’s husband who could no longer speak for himself. And the other driver’s insurance company took a hard line in an effort to avoid and then delay payment. We conducted a rigorous investigation, working closely with the Suffolk County Police, to unearth the facts of the case and then aggressively pushed the insurance company until they agreed to pay the full policy, including an excess coverage policy.
The Fact Pattern for this Car Accident Case on Long Island
My client’s husband had gone for a regular check-up after work. He was in good health and the prime of his life. He left the doctor’s office, got in his car, put on his seatbelt and began driving home, heading west on Route 25A in Huntington.
Meanwhile, the driver of a Mercedes Benz left an appointment of her own, and drove east on Route 25A. The two cars collided in a head-on crash that instantly killed my client’s husband. In the aftermath of the car collision, it was not immediately clear who had caused the accident. The surviving driver claimed that she had been stopped at a light and had just begun to move forward when the other car crossed the double yellow line and struck her car.
The family contacted us and we immediately began to investigate the case. We worked closely with the Suffolk County Police, who also conducted an investigation. We acquired copies of photos taken by news photographers and we canvassed the area to find witnesses. We put up signs and interviewed new witnesses, whose names we shared with the police. We consulted with an accident reconstructionist who reviewed the accident scene and photographs of the cars after the accident. Our accident reconstructionist also worked with the police.
The investigation yielded new information all of which proved that the other driver, the woman in the Mercedes Benz, had caused the crash. A witnessed described her aggressive behavior and seeing her cross the double yellow line before reaching the accident scene. The expert analysis demonstrated that, given the damage to the cars and the final landing place of each vehicle, the Mercedes Benz must have crossed the road. Once we had the opportunity to depose the other driver, we elicited statements from her that contradicted her previous claims and revealed the falsity in her version of events.
The defense tried to blame the deceased man and we carefully and forcefully proved false any claim they could make to assign some of the liability to him.
In the end, we built an air tight case that overwhelmed the defense and protected the deceased man from any false claims that he may have contributed to this terrible accident.
Proving Damages in a New York Wrongful Death Case
New York State law limits what a plaintiff can claim in a wrongful death case and in many ways does not always show the full value of a person’s life. The law is cold and objective, yet working with the family to document this information required warmth and great sensitivity. I spent many hours with the widow and talking to her two daughters to understand the many roles that their husband and father had played in their lives.
We worked closely with a renowned economist and the family to build a complete picture of the deceased man, his income and the support he gave to his family. In an effort to maximize the compensation that family could receive, we built our case on the following:
- Loss of current and future salary and income
- Loss of Social Security and retirement income
- Loss of household services
- Loss of parental guidance
- Pain and suffering
- Compensation for medical expenses
- Compensation for funeral expenses
This analysis enabled us to demonstrate damages in excess of $3 million dollars.
The Ability of the Defendant to Pay
We do all we can to maximize the compensation that our clients can receive; however, we also need to take into consideration the ability of the defendant to pay for a settlement or a court award. In this case, the defendant had an insurance policy of $250,000 and an excess policy that provided another $1 million in coverage. Given the value of the case, we needed to determine the amount the client could pay beyond the insurance policy.
We worked with investigators to determine her income, liquid assets and other assets. Unfortunately, she had recently divorced and was living at home with her mother. She had no income and no assets.
Our clients had a choice. We could settle for an amount within the insurance policy or proceed to trial and, if we won more than the insurance policy, we could enforce a judgment against the defendant for the balance of the amount. Given the information we learned about this client, we would be unlikely to receive much, if any, more than the insurance policy.
These are difficult choices for anyone to make and there is no right answer on how to proceed. Some people want the satisfaction of a trial so they can receive a public finding of responsibility. Some want the trial so they can receive some satisfaction that the defendant is held personally responsible for the pain and anguish that he or she has caused. Others prefer to avoid a trial. They want closure and do not want to go through the lengthy process of depositions and waiting for a trial. We always work with our clients so they understand the realities of each option. The choice always remains with the client; after all, we work for them.
After careful consideration, our client asked if we could settle the case and she and her daughters could avoid the long wait and ordeal of a trial. They felt that our investigation had answered their questions about what had happened in the crash and that they would be unlikely to receive any more money than the insurance policy from the defendant.
Negotiating a Wrongful Death Settlement with the Insurance Company
We developed a convincing, even overwhelming case on liability and a well-researched and documented case on damages. We presented a Settlement Proposal to the insurer for the other driver. Not surprisingly, the insurance company resisted an immediate settlement. The reason was clear: the insurance company did not want to part with $1.25 million.
It appeared that the insurance company was intent to delay the one to two years it would take the case to come to trial. We used a number of techniques to force an early payment, including one legal strategy that could make the insurance company liable for payments beyond the policy limits.
In the end, the insurance company agreed to pay the $1.25 million well before a trial would have started.
Often when I negotiate a settlement or win a court award for a client, the client shouts with joy. There was no joy in his case. A good man had lost his life and left a family behind all due to the negligence of another driver. What we were able to do was answer many of the questions the family had about how this tragic accident could have occurred. We could give them the satisfaction of knowing that their husband and father was not at fault. We were able to give them the maximum compensation in the shortest possible time in a way that allowed them to avoid the stress of a trial.
I hope you have found this information helpful. If you have lost a loved one and need help or advice, you may want to consult a New York personal injury attorney experienced with wrongful death cases. I offer my services 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
New York Personal Injury Lawyer Announces Settlement with the City of New York for Trip and Fall in Manhattan May 7, 2012
Posted by Carol L. Schlitt in Municipal Law, Personal Injury Law, Premises Liability, Trip and Fall.Tags: Cases against HPD, cases against new york city, Manhattan Trip and Fall, New York Personal Injury Lawyer, Premises Liability, Trip and Fall
add a comment
A Bronx woman visiting her mother in Manhattan tripped and fell on a hole in the hallway floor and injured her ankle. The building was owned and managed by New York City Department of Housing Preservation and Development. The woman hired our firm to represent in her in a negligence case against the City of New York. After investigating the trip and fall incident and developing the case, we presented a Settlement Proposal to the City. The City recognized the strength of our liability case and the value of the injuries and agreed to settle before we had to file suit. Our client grinned ear to ear when she learned the news, thrilled with both the speed of the settlement and the amount of money she will receive.
The Fact Pattern of the Trip and Fall Case
On a Saturday morning, my client came down from the Bronx to visit her mother in Manhattan. After spending some time there, she left her mother’s fifth floor apartment via an exit from the bedroom. While walking down the hall, her foot got stuck in a hole in the floor, causing her to twist her ankle and fall. The incident left my client on the floor in pain. She cried out from the pain and her mother heard her. Her mother came to the hallway and helped her daughter to her feet and then helped her into the apartment.
My client took a cab to her home in the Bronx. Once she arrived, she found her ankle swelling and experienced more pain. She took a cab to the emergency room at Westchester Square Hospital the following day. Doctors there took x-rays and diagnosed a severe sprain. Although the x-rays were negative for fracture, the doctors told her that there was a possible hairline fracture in her ankle.
Investigating the Case against the City
There are two parts to every negligence case: liability and damages. In this case, we needed to prove that the building’s landlord was negligent in not maintaining the hallway floor and that negligence caused our client’s injury. We researched the ownership of the building to document that the City of New York did own the building. We researched complaints, violations and work performed in the building. We interviewed neighbors to document knowledge and complaints about the problem so we could document that HPD had prior knowledge about the problem. We used this information to build a strong case to prove the liability of the City.
Assessing Damages
In a negligence case, damages can include many components including pain and suffering, lost wages and unreimbursed medical expenses. In this case, and with each client, we carefully review the impact of an incident on their health and life all in an effort to maximize the compensation they will receive. In this case, our client was concerned because she did not go immediately to the emergency room and she did not have a fracture or a broken bone. Our nurse reviewer thoroughly reviewed the medical records and provided a detailed assessment as well as research to support our claims for damages.
Settling a Trip and Fall Case with New York City
We handle many cases where New York City or municipal agencies in the New York Metropolitan area are the defendants. I began my career as an Assistant Corporation Counsel in the New York City Law Department and we have other leaders in our firm who have extensive experience working in and with the City government. We know that municipal cases require a Notice of Claim and we have an extensive process for preparing and supporting our clients through the 50-h hearings that the City can request. We turn those hearings into a benefit for our clients and their cases. We know how to work with the City for the benefit of our clients.
In this case, after we reviewed the Case Assessment with our client, we presented a Settlement Proposal to the City. The Settlement Proposal includes our analysis of damages and liability and allows us to share our case law research. We also include all relevant files including medical records. The Settlement Proposal provides the City with all the information they will need to assess the case and demonstrates the thoroughness of our preparation and the strength of our case.
Through this approach, we were able to extract an early settlement offer that met the value of the case and exceeded the expectations of our client.
If you or a loved one has been hurt in a trip and fall accident, you may want to consult a New York personal injury attorney experienced with settling and winning trip and fall cases. If you suffered an injury due to the negligence of the City of New York, you may want to consult a New York personal injury attorney experienced with settling and winning cases against the City of New York. 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.
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
add a comment
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.
Doing a Good Thing: April is National Donate Life Month April 27, 2012
Posted by Carol L. Schlitt in Consumer News.Tags: Donating Organs in New York, New York Personal Injury Lawyer
comments closed
As April winds down, we want to remind readers that April is National Donate Life Month. Please don’t let the month end without making sure you are or become an organ donor. Why donate your organs?
- Because over 100,000 people are waiting for an organ right now and that organ can make the difference between life and death for them
- Because 18 people die each day waiting for an organ
- Because 1 organ donor can save up to eight lives and affect many families
None of us want to think of our own death so we may avoid the topic of organ donation. While any death carries tragedy and grief, think of the joy that being an organ donor can bring. Think of the solace you can offer your own family knowing that you helped others live.
Each state has a program that allows you to register as an organ donor. Click here for a map of the U.S. to find where to register in your state. In New York, you can register as an organ donor with the New York State Department of Motor Vehicles (click here) or the New York State Department of Health (click here).
Many of us say we want to donate, but fail to register. Take the time to register. It will only take a few minutes; you can do it right now. Let others know. Do it now. You will feel better for it.
Have your doubts? The Mayo Clinic has a great article entitled, “Organ Donation: Don’t Let the Myths Confuse You.” Here are points to remember:
- Donating your organs will not cost you or your family money
- You are not too old to donate your organs
- You are not too sick or out of shape to donate your organs
- Organ donation is consistent with most religions, including Catholicism, Protestantism, Islam and most branches of Judaism.
- Organ donation does not affect the medical treatment you receive
- Organ donation does not affect having an open casket.
I hope you found this information helpful. If you want to learn more, you might visit the website OrganDonor.gov.
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 Attorney Offers Free Consultation on Personal Injury Cases April 26, 2012
Posted by Carol L. Schlitt in Consumer News, Customer Service.Tags: free legal guidance, free personal injury consultation, legal advice, New York Personal Injury Lawyer, personal injury matter, Suffolk County personal injury attorney
comments closed
We commit ourselves to delivering remarkable service to our clients and that commitment includes our offer of a free consultation to anyone with a question about a personal injury or medical malpractice case. Our highly educated staff will answer the phone quickly and do our best to answer your questions and help you. There is no charge for this service and no obligation for calling our office at 1-800-660-1466.
You Can Call for a Free Consultation on a Personal Injury Matter
If you suffer an injury due to an accident such as a car crash or a slip and fall, you may be unsure what to do next. Perhaps you or a family member has suffered a poor medical result and you think it may involve medical malpractice. The most important priority is always your health and getting the medical treatment you need. But you may have questions regarding insurance or your ability to collect compensation for your injuries. As part of our effort to help clients, we offer a free consultation to answer your questions.
You can ask us if you have a case. You can ask us what to do next. You can ask us to explain your rights and what steps you need to take to protect your rights.
We do not charge a fee for this consultation and there is no obligation. We will simply ask for your contact information: name, address phone number and email address. We use that information to help you and in case we need to contact you as part of a follow up. We respect your privacy and never give that information to anyone else.
Who Answers Our Phone?
Many firms have clerical staff answer the phone and screen information to determine if someone will call you back. We operate differently. We have lawyers and highly trained client services staff and everyone answers phones. We are all trained to help you and all dedicated to delivering remarkable service. We will do our best to help you in the initial phone call. If we cannot help you, we will do our best to point you in the right direction to get the assistance you need.
What Type of Cases Do We Handle?
We practice personal injury and medical malpractice law. That’s it. We focus our practice so we can do great legal work for our clients. We do not offer all services for all people and are not a general service law firm. Our personal injury and medical malpractice cases include:
Motor Vehicle Cases: These cases include car crashes, rear-end accidents, truck accidents (e.g., garbage trucks), and motorcycle accidents. They include accidents involving pedestrians and bicycles.
Slip & Fall and Trip & Fall Cases: These include instances when people slip and fall in supermarket or department stores or fall due to cracks or holes in pavement or sidewalks. These cases include slips on ice due to poor or no snow removal. These cases also include municipal liability cases such as when someone falls in a building or parking lot owned by the City of New York.
Medical Malpractice Cases: These include cases involving surgical errors, failure to diagnose, nursing home neglect, brain injury and traumatic brain injury, post-operative infection and heart attack or stroke misdiagnosis.
Work Place Injury Cases: These include ladder and scaffold cases, elevator cases, construction accidents, construction site trip and fall cases and falling object cases.
Premises Liability Cases: These include slip and fall cases, trip and fall cases, landlord negligence cases, inadequate security, elevator cases and sidewalk falls.
Municipal Liability: We handle many cases against municipalities (such as the City of New York) and municipal agencies (such as the New York City Housing Authority (NYCHA), the Metropolitan Transit Authority (MTA) and the Long Island Railroad (LIRR)). The cases include accidents involving City vehicles like garbage trucks, slip and falls on City property and police cases involving false arrests and police abuse.
Police Cases: We handle false arrest cases and police abuse cases.
Wrongful Death: We handle wrongful death cases including medical malpractice and fatal car accident cases.
Bicycle Cases: We are bicycle riders and handle many bicycle cases.
Pedestrian Cases: We handle many pedestrian cases involving cars and taxis striking pedestrians.
Taxi Cab Cases: Taxi cases require special handling and knowledge of the industry and the insurance companies that represent taxis. We handle many taxi and livery car cases.
Subway and Bus Cases: We handle many bus and train cases including accidents with buses, pedestrians hit by a bus or passengers falling on a bus.
Where do we practice personal injury law?
We accept cases from throughout New York City (Bronx, Brooklyn, Manhattan and Queens) and Long Island (Nassau and Suffolk County). In our commitment to remarkable service, we do not make our clients come to our offices, we go to our clients. If you call our office and have a case, we will arrange to come and meet with you. We have our main office in Huntington on Long Island and we have a satellite office in the Bronx. We are moving into new and larger offices in Huntington Village on June 1.
We want to do remarkable work for our clients and that requires an absolute commitment to great customer service. We constantly assess our performance and ask how we can do better. We want to rank among the best in the world, not just with other law firms, but with all businesses. Our offer of free consultation is part of our commitment to remarkable service.
I hope you found this information helpful. If you think you might have a personal injury case or a medical malpractice case, you may want to consult an experienced New York personal injury and medical malpractice attorney. My staff and I would be glad to answer your questions and assist you. The consultation is always free. You can call us 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 Bronx Woman in a Car Accident April 24, 2012
Posted by Carol L. Schlitt in Car Accidents, Motor Vehicle Cases, Personal Injury Law.Tags: Bronx accident case, car accident attorney, New York Personal Injury Lawyer, personal injury settlement
comments closed
A Bronx woman driving to work in Connecticut slowed with traffic on the New York State Thruway only to have a limousine strike her car from behind. Taken to the hospital by ambulance, the woman suffered neck, shoulder and arm injuries. While she recovered from her injuries, the woman asked our firm to represent her in an effort to hold the limousine company liable for her injuries and to pay her compensation. We settled this case without having to file a lawsuit. The amount and speed of the settlement made the woman very happy.
The Fact Pattern for this Car Crash Case with a Limousine
My client left her apartment in the Bronx and drove northbound on the New York State Thruway heading for her job in Stamford. She wore her seatbelt and used proper caution given the traffic and the precipitation that had fallen earlier in the morning. In the hours before the accident, the area had received some rain and light snow, though there was no precipitation at the time of the accident. The police report noted that the surface was dry at the time of the accident. The temperature hovered around 32 degrees Fahrenheit and the skies were overcast.
After passing through the Mamaroneck toll plaza and while driving in the left hand lane, my client slowed for traffic in front of her. As she slowed her vehicle, the limousine driver drove his vehicle into the rear of her car.
The woman experienced sharp pain in her arm, shoulder and neck and remained in her car. New York State Police arrived at the scene and called for an ambulance. An ambulance took my client to Sound Shore Medical Center. The impact of the crash rendered both vehicles immovable. The State Police had a tow truck company remove the vehicle from the roadway.
At the Emergency Room, doctors examined my client and took x-rays of her neck and shoulder. They did not find any broken bones. Doctors released her later that day with a prescription for painkillers and a recommendation to follow up with her own doctor. She then began a series of treatment with her doctor and a physical therapist.
Settling a Car Crash Case
We have developed a rigorous settlement process that aims to move a case as fast as possible while maximizing the compensation for our clients. In this case, we investigated the case by assembling the police report, maps, photos, weather report and seeking witness statements. We researched other accidents on that stretch of roadway and incidents involving this limousine company.
Once our client’s medical conditions stabilized to the point that we understood the full nature of her injuries and the necessary treatment, we gathered all her medical records and our nurse reviewer analyzed the records and produced research on the impact of her injuries. We then prepared a detailed Case Assessment. The Case Assessment examined the liability and damages in the case and put a value on the case. Part of our commitment to communication and education involves telling our clients exactly what their cases are worth.
In most cases, we will present a Settlement Proposal before filing a lawsuit because defendants and their insurance companies frequently have more flexibility to settle before incurring the legal expenses and obligation of a lawsuit. Early settlements put money in the pockets of our clients sooner and limit case expenses.
In this case, we sent a Settlement Proposal to the insurance company for the limousine and engaged them in settlement talks. The adjuster challenged the seriousness of our client’s injury and we were able to address those concerns through the research and analysis from our nurse reviewer and our case law review. We were able to extract a settlement offer that gave our client good value for her case and we settled the case.
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 settling and winning car crash 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 with New York City after Garbage Truck Injures Brooklyn Woman April 18, 2012
Posted by Carol L. Schlitt in Car Accidents, Motor Vehicle Cases, Municipal Law.Tags: cases against new york city, garbage truck accidents, municipal lawsuits, New York Personal Injury Lawyer, sanitation truck accidents
comments closed
A New York City garbage truck struck a car stopped at an intersection in Brooklyn, injuring the woman driving the car and her passenger. Both people retained our firm to represent them. They had different injuries that required separate legal strategies to maximize the money a client receives. We achieved a rapid settlement for the passenger’s case in December, but the City’s offer to settle the case for the Brooklyn woman driving the car was too low. Therefore, we filed a lawsuit against the City and began the legal process. Our aggressiveness with the lawsuit provided the leverage needed for the City to increase their offer by more than three times to an amount that represented a fair value for the woman’s case and we have now settled the case.
The Fact Pattern for this Car Crash with a New York City Sanitation Truck
My client drove her Subaru wagon north on Troy Avenue, a one-way street. Both the driver and her passenger wore seat belts, a fact noted on the police report. My client came to a red traffic light at the intersection with Fulton Street and stopped her car. A New York City Sanitation worker drove his garbage truck north on the same street. He failed to stop and hit my client’s car in the rear. The Sanitation worker told police that his foot slipped off the brake and that led to the collision.
An ambulance took my client to Kings County Hospital. X-rays of her back found a chip fracture in the anterior L5 spine. The emergency room doctor discharged her with instructions to follow up with a private doctor and to take Ibuprofen for pain. She followed up with an orthopedist. received acupuncture treatment and physical therapy.
Our Settlement Process: Moving a Case as Fast as Possible and Maximizing the Money a Client Receives
We have developed a rigorous settlement process that aims to move a case as fast as possible while maximizing the compensation for our clients. In this case, we investigated the case which included gathering the police report, maps, photos, weather report and seeking witness statements. Once our clients’ medical conditions stabilized to the point that we understood the full nature of their injuries and the necessary treatment, we gathered all their medical records and our nurse reviewer remained the records. We then prepared a detailed Case Assessment for each individual. The Case Assessment examined the liability and damages in the cases and put a value on each case. Because the woman’s injuries were more serious, her case had a greater value.
In most cases, we will present a Settlement Proposal before filing a lawsuit because defendants and their insurance companies frequently have more flexibility to settle before incurring the legal expenses and obligation of a lawsuit. Early settlements put money in the pockets of our clients sooner and limit case expenses.
We sent a Settlement Proposal to the City of New York and entered into settlement talks. We were able to extract a settlement offer that gave the passenger good value for his case and we settled the case. However, the City did not offer an amount that met the value for the driver’s case and she did not want to accept the offer. The decision to accept or reject a settlement offer is always up to the client.
Pursuing a Lawsuit When We Cannot Reach a Settlement
If we cannot reach an acceptable settlement, we move ahead with a lawsuit. In this case, we filed a suit against the City of New York. The lawsuit moved the case from the Comptroller’s Office to the Law Department for the City. We took advantage of this shift to approach the City again about a potential settlement. It resulted in a settlement offer that was more than three times the original offer. We still thought the case would bring more at trial, but the client, weighing all the factors, opted to accept the settlement now. The settlement offers a fair value for the case and is what the client needs and wants now.
We built our practice on three core principles that include communication, education and responsiveness. We always remember that we work for our clients and we do everything we can to honor their wishes. We provide our clients with analysis about the value of their cases at trial and in settlement. The decision to accept or reject a settlement offer always rests with the client and we support that decision. In this case, a trial would be two to three years away and our client preferred to have money now.
New York City Department of Sanitation Truck Accidents
We have handled many cases involving New York City Sanitation trucks. To succeed with these cases, it helps to have extensive 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.
If you or a loved one has been hurt in a motor vehicle accident case or other case involving the City of New York, you may want to consult a New York personal injury attorney experienced with settling and winning cases against the City of New York. 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.
Suffolk County Personal Injury Attorney Announces Settlement on Slip and Fall in a West Babylon Supermarket April 16, 2012
Posted by Carol L. Schlitt in Slip and Fall.Tags: grocery store case, New York Personal Injury Lawyer, Suffolk County personal injury attorney, Supermarket Case, supermarket lawsuit
comments closed
A Suffolk County woman went shopping at her local supermarket in West Babylon. She slipped on a large pool of water that led to back, neck and shoulder injuries. She asked me to represent her in an effort to collect compensation for her injuries. The woman retained us to represent her in an effort to collect compensation from the store for its negligence in causing her injuries. We conducted an investigation of the incident and prepared a Case Assessment for our client. We then made a Settlement Proposal to the defense. This past week, we negotiated a settlement that provides good value to our client and will put money in her hands as soon as possible. The settlement made for a very happy client.
The Facts of the Slip and Fall Case in a Suffolk County Supermarket
We handle many supermarket cases and have settled everyone in the past three years. In this case, the woman, who works as a preschool educator, went shopping at her local grocery store.
As she passed the Produce Department on her right, she slipped on a large puddle of clear water. She slipped and fell forward onto her right knee and right hand. The manager came to where she fell and brought her a chair. The manager told my client that the water was caused from a leak in the Produce Department. The manager gave her an ice pack.
When the woman felt able, she left the store and drove home. The next day she saw her personal doctor who referred her for an MRI and subsequent follow up visits an orthopedist, a spinal specialist and a rehabilitation specialist as well as physical therapy.
Rapid Settlements in Supermarket Slip and Fall Cases
In our experience, many supermarket slip and fall cases result from people slipping on puddles formed by leaks from freezers, refrigerator units and sprinkler systems. Produce areas are the frequent locations of many supermarket cases.
When a client is hurt due to the negligence of a grocery store, the client deserves compensation. We work with clients to move their cases as fast as possible and to maximize the money they obtain. While past results do not guarantee future outcomes, we have settled very supermarket cases that we’ve accepted in the past three years. The ability to settle early depends on the thoroughness of the case preparation, the diligence devoted to our Settlement Proposals, our experience in supermarket cases and our willingness to take these cases to trial. The willingness to take a case to trial makes a settlement more likely.
Settling Quickly and for Good Value
In this case, it took a while for my client’s medical prognosis to become clear. Once her condition stabilized and we understood the full extent of her injuries, we made a Settlement Proposal to the insurance company for the supermarket. The Settlement Proposal provides an analysis of liability and damages as well as our demand to settle the case. We also attach all of the client’s medical records and other evidence so that defense has all the material they need to assess a case and make a settlement offer. Our Settlement Proposal demonstrates the thoroughness of our investigation, medical review and legal analysis, which adds leverage to our settlement demand. After some back and forth negotiating on this case, we were able to reach a settlement that provided good value for our client and gave her money as soon as possible.
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
Suffolk County 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.
Long Island Personal Injury Attorney Announces Settlement for a Trip and Fall at a Nassau County Drug Store April 13, 2012
Posted by Carol L. Schlitt in Trip and Fall.Tags: avulsion fracture, hurt in a drug store, Nassau county attorney, New York Personal Injury Lawyer, Trip and Fall
comments closed
A Wantagh woman went to her local chain drug store to do some shopping. While walking past the refrigerators, she tripped over the shelf extending from the bottom of a display rack and injured her leg. After contemplating handling the matter by herself, the woman asked me to represent her. This week, we agreed to a negotiated settlement that pays her good value for the case and more than she would have received on her own, making the woman very happy.
The Facts of this Trip and Fall Case
My client drove to her local chain drug store. While walking from the back of the store to the front of the store, she tripped and fell on an empty shelf. The shelf was low to the floor and recessed from the width of the aisle. As my client walked towards the front of the aisle, the empty shelf was not visible. She turned to walk to the left at the end of the aisle and tripped on the empty shelf.
She lay on the floor in pain and another customer helped my client to her feet. In pain and badly shaken up, she went straight home. The day after the incident, my client returned to the store with her father and asked to speak to the manager. She told the manager about the incident. He said that “people trip over that all the time.”
When the pain and swelling persisted, my client went to an orthopedist in Plainview. The orthopedist diagnosed a chip fracture of the left ankle, an avulsion fracture of the foot and a sprained left knee.
Settling a Trip and Fall Case on Long Island
Immediately after the woman retained us, we started working on her case. We investigated the incident so we could document the events that led to her fall and injury. It took several months for my client’s medical condition to stabilize. We then 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 defendant with a Settlement Proposal.
The defendant was slow to respond, so we prepared the papers to start a lawsuit. Faced with the impending lawsuit and the thoroughness of our case preparation, the defendant entered into settlement talks. Shortly thereafter, those negotiations produced a settlement.
I hope you found this information helpful. If you or a loved one has been hurt due to a trip and fall you may want to consult an experienced New York personal injury attorney. My staff and I would be glad to answer your questions and assist you. The consultation is always free. You can call us 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.
