Why Most NY Car Accident Attorneys Won’t Take a Soft Tissue Car Case
NY Car Accident & Personal Injury Trial Lawyer
So many people today think that just because they have been in an accident automatically means that they can bring a lawsuit seeking compensation for the injuries they suffered.
While the law in New York does allow someone who believes they were wronged by someone else to go ahead and bring a lawsuit, in a car accident case in NY, there are parameters that require a certain level of injury in order for you to be able to proceed forward with a viable case.
Let’s say you were rear ended while stopped at a traffic light. You did nothing wrong. The other driver clearly was negligent and careless.
However, the injuries you suffered are minimal. Your doctor said these were “soft tissue injuries.” Your physician expects that these injuries will go away quickly.
If you have bruises, sprains and strains you will find it extremely challenging to find a good, experienced trial attorney to take on your case.
Why is that?
Because if there is no confirmation from a medical expert that the injuries you suffered are “serious” according to the law in New York, then there is no way to proceed forward.
If you were to bring a lawsuit when you have minimal or soft tissue injuries, the defense will immediately ask the court to dismiss your case since you failed to show that your injuries are ‘serious’ as defined by the law.
There are different categories of what constitutes a serious injury here in New York. Needless to say, temporary bruisers do not qualify as a serious injury.
However, if you remain out of work for a significant period of time, there is the possibility that that might qualify as a serious injury. If you suffer a fracture, scarring or significant disfigurement, that would qualify as a serious injury.
In addition, most experienced car crash attorneys will not take on a small case because they spend the same amount of time, energy and resources to prosecute a small case as they do a larger case.
If an attorney knows that the outset of the case that the potential compensation you can expect to receive is going to be minimal, then in all likelihood the attorney’s involvement is not going to be worthwhile since he will be spending more time, energy and money to prosecute the case than he can ever expect to receive in the form of an attorney’s fee.
Having said all that, there are instances where your injuries appear, at first, to be minimal. However, over time, those injuries can become more significant and severe and result in disabling injury.
That’s why it’s critical to continue seeing your doctor for ongoing care and treatment to determine how the accident has affected you.
Importantly, you should also consult with an attorney immediately in order to learn how much time you have to file a no-fault claim as well as filing a lawsuit.
Watch the video to learn more…
Here’s a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm
Here’s a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6
To learn more about how car crash cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm.
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021