QuestionMy entire family was in a van and rear ended by an out of state at 50 MPH. Thank God no one was killed. My daughter had a fax l4 and my wife and I have multiple cervical and lumbar disk hernia's and bulges. We have been in treatment since the day of the accident with MD's, Chiropractor and physical therapy. We all went to the hospital via ambulance.
I have severe neck and back pain as does my wife.
BUT as I am a self employed Veterinarian I can not just STAY home- I have to work in spite of the pain and discomfort and the tingling in my hands and cramping of my neck!
Am I going to be able to meet the NY Threshold? My doctor has documented injuries through MRI, EMG,Nerve conduction and physical exams but as I am not laying in bed am I disqualifying myself?
I am just worried about disability down the road.
We have allbeen in treatmentcontinuously (2-3 x weekly for over 90 days now)
The party who hit us has accepted full liability and is not disputing fault.
Our 2007 Van was damaged - 24 Thousand dollars.
I understand my daughter's injuries meet threshold because of the fracture. I am just concerned about my wife and myself.
Neither of us ever had any previous neck injuries or medical history relevant to the neck.
I had a bout of carpal tunnel 8 years ago which resolved after 1 shot of cortisone and had not recurred until now after the accident.
Any thoughts?
Thanks
Dr Steve
AnswerHi Dr. Steve,
Doctor Settlement loves animals, and I surely do appreciate the exceptional variety of skills required for veterinary work. My good friend of many years demonstrated his skills last year when he sewed up the cornea on my dog’s eye so he could heal and save his eyesight. At the same time he did dental work. What an unheralded profession yours is. I hope that you can heal completely and be restored to good health.
As for the question about the New York threshold for third party claims, I want you to see an attorney because I believe your claim might be provable as a serious injury under your state’s ill-conceived no-fault law. Do it yourself personal injury auto insurance claims: http://www.SettlementCentral.Com teaches insurance injury settlements WITHOUT any attorney. BUT, in this case, the chances of your success on your own are less than marginal; they are really poor. Hence, you cannot do this on your own.
Furthermore, the latest tricks of the insurance industry regarding the early use of so-called “Independent” Medical Examinations (IME) is an abuse that you cannot prepare for on your own. Here is an article that explains how those “you are in good hands” folks are abusing the no-fault system via means of ordering early use of IMEs through prostitute doctors. http://www.nylegalblog.com/2008/02/ny_insurance_companies_latest.html
www.SettlementCentral.Com members learn about IME tactics, and we do feature a complete module with a lot of information and forms for those who are required to undergo an IME. So just that asset alone could be of great benefit to anyone who has to be subjected to an IME, and our own claimant suggestions can make a huge difference in the outcome of the IME.
But in your case, there is a lot more that needs to be done other than just to have a successful IME. Hence, the necessity to employ counsel to settle your claim. Here is why.
Of the qualifications for a serious injury, you are only marginally quailified to fight for success under sections 6,7, or 8. Here is an article that lists the qualifications for a serious injury. http://www.submityourarticle.com/articles/Gary%20E-Rosenberg-3136/automobile-acc...
As noted in that article, there is a section regarding being off work for 90 days. But the proof is way too restrictive for your claim. The fact that you had to work to support your family is not an excuse. If you worked, you are disqualified. Plus, even with your serious injuries, it would seem that you are not really going to be able to prove that you could not perform all of the tasks of your job. In fact, I would bet that you can still perform well over half of your duties with no problems whatsoever.
Hence, that leaves just the three definitions that seem to have a bit of room for definition. These three are in the following sections of the NY law. The comments after #s 6 and 7 are those of the author.
6. Permanent loss of use of a body organ, member, function or system (the first of the "tricky" categories);
7. Permanent consequential limitation of use of a body organ or member (pain alone won't do; headaches alone won't do; a herniated/bulging disc alone won't do; sprains/strains won't do);
8. Significant limitation of use of a body function or system; or,
Your statement about having “multiple cervical and lumbar disk hernias and bulges” probably will not cut it on its own. BUT a good attorney can help you to marshal the evidence TO PROVE that you sustained a serious injury.
Here is what the attorney cited above has to say about those two flexible categories:
“Numbers "7" and "8" have no fixed definition or explanation. Some cases make it; some don't. Your lawyer needs a thorough understanding of the current case law to know how the courts are applying these two threshold categories. Frequently, it comes down to documenting a reduced range of motion in the injured part of your body - for example the doctor determines that you can't fully bend or twist or turn your back or neck.”
This is where I believe an attorney can help to make your claim. What do I think about it? If I were a NY attorney, I would take your case because I think I could prove a serious injury—at least in the case of you and your daughter (the others will probably not qualify, unless their injuries are more serious than you described).
I would start with the accident itself and build up on the fact that this was a smack-down hard impact accident. I would document what happened to each of you at the time of impact in order to show the trauma suffered. Next, I would make darn sure to communicate with your doctors and I would make sure that you have a resource for taking an IME. Finally, I would get witnesses for work and personal and recreational parts of your life to document how this accident has devastated your ability to enjoy life in any sense of normal living. THAT is why you need an attorney to guide you through this and to prove your claim.
I mentioned above that the NY no-fault law is ill-conceived, and that is wrong: in fact it is truly well designed to suit the purposes of the insurance industry. It is a poor bargain for the citizenry because you have given up the right to pain and suffering awards on all but the most horrific injuries, and in exchange you DID NOT GET A COMMENSURATE REDUCTION IN INSURANCE RATES.
No-fault is a tired, abusive system whose popularity has greatly declined as people came to know that it was only the insurance industry that benefited when the people gave up their rights to compensation for all injuries sustained in auto accidents. The following attorney’s blog gives a bit of history and then asks the reader to contact his legislator in an effort to restore some justice and fairness to the system: “Obviously we fight the insurance companies at every turn, but we would also recommend contacting your local legislator and instructing them to push for more fairness in New York's No-Fault Insurance Law.” http://www.nylegalblog.com/2008/02/ny_insurance_companies_latest.html
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
