When you need a Serious Injury Law Firm, it is smart to choose one that can properly analyze your case. In New York, the term “serious injury” has a special meaning. This case study will help us show what that means.
A delivery man was going about his workday in Hempstead, New York. Unfortunately, during the course of his deliveries, a Nassau County employee rear-ended him. Following the crash, the worker sued Nassau County. He also sued the driver, both in Nassau County Supreme Court.
What Happens After an Accident
Following the accident, the victim sought care at a local urgent care facility. If you need help finding a specialist, your NYC law firm may be able to help. The victim here had pain in his back, knees, and his right shoulder. Initially, he had minor care. A more careful exam of the injured areas showed tears in his left knee. These tears required surgery.
The worker also suffered herniations to his lower back. A herniation occurs when trauma causes the discs in the spine to essentially break and become out of place or distorted. These herniations developed into nerve impingement. As a result, the worker underwent injections to the spine to manage the pain. He also went through a significant amount of physical therapy. This was an attempt to try to regain strength in the injured areas of his body.
As you can imagine, injuries of this severity can drastically alter one’s life. At the time of the accident, the victim was in his late 20s. He attempted to proceed with his dream job. His dream was to be a personal trainer. However, because of the limitations, he was unable to perform to his previous level of energy and expertise. Instead of demonstrating the exercises, he only coached them verbally.
With the uncertainty concerning both his career and potential medical care, the aspiring personal trainer had no choice but to continue with his lawsuit. The defendants, which were the other driver and his employer, Nassau County. Both defendants sought to minimize his recovery. The defendants claimed that the victim’s injuries were not serious enough to recover money from his accident. This is where your attorney must step in.
How Does The Serious Injury Law Affect My Case
In New York motor vehicle accidents the “serious injury law” prevents some injured people from recovering. Everyone must meet certain standards. That is why you need a Serious Injury Law Firm. Defendants often try to minimize the injuries of their victims. This is an attempt to hide behind this law. As a part of this strategy, they will often hire doctors who will try to attribute the injuries to some other cause.
In this case, the defendants hired a doctor. The doctor claimed that the injuries and medical treatment the worker received were not from this most recent accident. Rather, he said they were from a previous accident. Once which occurred nearly twelve years earlier. First, the defendants claimed that the injuries were not a result of this accident. They also took the position that the victim was essentially healed. Further, they claimed he would not need any future medical care in the future. This is another common tactic. They will attempt to claim that some other incident was so horrible that it must have caused these injuries. While blaming the other “horrible” incident, they may also claim that the injuries either don’t exist or are just not that bad.
What Does A Serious Injury Law Firm Do About A Defendant’s Strategy
When defendants take these positions, the only recourse may be a trial. That is exactly what happened in this case. At the trial, the Serious Injury Law Firm presented a lot of evidence. The jury was educated on the client’s need for future medical care. In addition, they presented evidence of past and future pain and suffering. Pain and suffering are a person’s loss of enjoyment of life. Essentially, it is an attempt to measure who a person was and could have been, to who that person is now. Many times, the plans injured people made have been irreparably altered. The only recourse we have, is to provide victims with financial security in the future. Hopefully, this gives them comfort and the ability to make new plans.
Getting Your Award
After the four-day trial, the jury agreed with the injured victim’s experts and found in his favor. They awarded him $700,000 in future medical expenses. Additionally he was awarded $380,000 in future pain and suffering and $120,000 in past pain in suffering for a grand total of $1,200,000.
The defendant only offered $175,000 prior to the trial. The award was nearly seven times the defendant’s best offer. This is just another example of a Serious Injury Law Firm and justice prevailing despite the defendants’ best efforts.