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Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 1118
Experience:  Licensed attorney helping individuals and businesses.
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I am trying to build a personal injury lawsuit girlfriend in

Customer Question

I am trying to build a personal injury lawsuit for my girlfriend in state of NY, We have decided to do it ourselves.we are in another state. This happened in end of 2014.
There will be two claims
no-fault claim &
Bodily injury claim towards a major company insurance( her friend was insured during the accident).
The car accident happened in the night where her friend hit the pole during rain, they took her to the hospital( spinous process fracture, 5c&6c Vertebrae and bruised ribs, she had had neck brace for 8 weeks,after doctor said it never got properly healed) and abandoned the car told her not to call the cops. The police came next day took a report( we are still trying obtain the report, we couldn't find using online services or calling them).
I have a power of NY attorney to represent her signed by her. I have made initial contact with insurance company and preparing a demand letter.
The key points of attack is that the accident caused permanent damage, her neck is slighly crooked not readily apparent.The doctor said the spine never healed right.
We do have all the doctor paperwork,signed no-fault(w/in 30 day) paperwork through insurance company, missed work and medical costs of not high value perhaps 6000$.
Bodily injury claim:
I am taking her to doctor to get her spine checked and obtain conclusive evidence that the spine is permanently damaged.
just let me know if i am in right path of steps:
1.I have sent a letter of representation letter to the insurance company and asked for the coverage limits, obviously she has permanent damage which is not readily apparent but she feels the pain and slightly curved neck. so we feel that we have a good case as the most
2. After receiving the limits I will send a demand letter and we will also be sending another letter to her own family's auto insurance policy for rest of the possible funds.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Zoey, JD replied 1 year ago.

Thank you for requesting me. However, I'm going to opt out and refer this to other experts, as I am primarily a criminal lawyer.

Expert:  Seattle Scott replied 1 year ago.

The only thing I would add, is that if you are offered the policy limits from the driver's policy your injured friend will also be asked to sign a release of claim as to that policy and driver. Before you do that, to preserve her rights to make an underinsured claim against her family's policy, you need to offer to the family's policy company the opportunity to make substituted payment of the limits offer. If her own insurance does not want to do the substituted payment ( they usually don't) then you can go ahead and accept the third party policy limits and release the driver from liability and continue on to make the underinsured claim on her own policy. .

Customer: replied 1 year ago.

Thank you

Customer: replied 1 year ago.


So I doing a personal injury case by myself for my friend

Accident happened 1.5 yrs back, she had permanent damage on loss of height on spine, induced arthritis etc, you can look at her and tell her neck is curved. She certainly cant stand for a long time.
I have prepared the demand letter and the adjuster is ready to review.

The insurance company did putup some money towards the no-fault claim in the first few weeks.However she hasn't spent much money on medical treatments as she was unemployed, she seeked some "unconventional herb" for soothing the pain per say.

So my main question is.

The amount of claim max liability is 500k for her friends policy whom she got in car accident.

the crux of the claim is even after 21 months the permanent damage is shown by docs xray ,pain and suffering and emotional depression as she cant get any barista,warehouse or any other standing jobs
The claim amount I have seeked is max of the liability policy i.e 500k.
If I calculate the long term effects its easily reaches this number.

As its hard to quantify general damages and multiplication factor as opposed to medical specials.
I just want your opinion on the demand amount.


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