Posted on June 06, 2014 in Automobile Accidents
A woman eased her car to a stop at a red light and the car behind her did the same, but a third car failed to stop and crashed into the second car, causing it to crash into the rear of the first car. The car crash left the woman with a concussion and exacerbated previous neck and back injuries. She sought the best car accident attorney and retained Carol L. Schlitt and the Schlitt Law Firm to represent her in an effort to obtain compensation for her injuries. When the insurance company failed to make a reasonable settlement offer, the Schlitt Law Firm filed a lawsuit on the woman’s behalf. The lawsuit brought the insurance company back to the negotiating table, resulting in a settlement for our client.
The Facts about this Rear-End Car Accident in East Northport
Our client was driving northbound on Larkfield Road. She came to a stop at a traffic light at the intersection with Pulaski Road. A second car came to a stop behind her. A third car failed to come to a stop and rain into the rear of the second car, causing the middle car to strike our client’s car.
A witness saw the third car drive directly into the rear of the second car. The driver of the third car did not change lanes and there were no mitigating circumstances contributing to this collision. The witness said she believed that the driver of the third car simply was not paying attention. The driver admitted to the police that he failed to stop at the light.
Our client complained of pain in her head and neck. An ambulance took her to Huntington Hospital. Doctors in the emergency room diagnosed a concussion and injuries to her neck and back. She has since received prolonged treatment for her injuries.
Seeking a Settlement in this Rear-End Car Accident in East Northport
We investigated the incident and obtained our client’s medical records. Our nurse reviewed those records and prepared a presentation on the diagnosis and test results as well as a chronology of our client’s treatment and background research on her injuries. We also researched the case law to identify the value put on similar injuries in other cases. Using this information, we prepared a Case Assessment for our client. Once our client was comfortable with the value of the case, we moved forward with efforts to settle the claim.
We presented a Settlement Proposal to the insurance company for the defendant. Our Settlement Proposal reviewed the facts of the incident, explained our theory of liability and presented an assessment of damages based on our medical and case law review. We also attached all of the pertinent medical records and other evidence. This package gave all the necessary information to the adjuster to justify the maximum compensation and allow for a rapid settlement.
Our client bore no liability and the insurance company agreed that their insured bore 100 percent of the liability. Yet we could not agree a valuation of the damages. The insurance company argued that the injuries would not meet the serious injury requirement of New York law. The adjuster claimed that the neck and back injuries as well as the concussion were not new or even exacerbated, but the continuation of a pre-existing condition. With the settlement talks stalled, we filed a lawsuit on our client’s behalf to force the issue.
After receiving the lawsuit, the insurance company assigned the case to a more senior adjuster. The new adjuster re-evaluated the case and re-engaged in settlement talks. She admitted that this car accident caused a new concussion and recognized the seriousness of a second concussion. We also demonstrated to the new adjuster the role this car accident played in exacerbating our client’s previous neck and back injuries. The adjuster increased the initial offer by more than four times until we received a settlement offer that represented good value for the case and met our client’s expectations. Our client accept the final settlement offer.
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. At the Schlitt Law Firm, we would be glad to answer your questions and assist you. There is never a charge for the consultation. You can call us at 1-800-660-1466 or email us.
The Schlitt Law Firm
New York Personal Injury Attorney
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A woman eased her car to a stop at a red light and the car behind her did the same, but a third car failed to stop and crashed into the second car, causing it to crash into the rear of the first car. The car crash left the woman with a concussion and exacerbated previous neck and back injuries. She sought the best car accident attorney and retained Carol L. Schlitt and the Schlitt Law Firm to represent her in an effort to obtain compensation for her injuries. When t