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Serious Car Accident

Discussions relating to Personal Injury Law

Serious Car Accident

Postby Kuckunniwi » Sat Dec 10, 2016 9:14 pm

Hi...I was in a really bad car accident on 11/3/04...I was a passenger in my fiance's grandmother's car...a 17 year old boy ran a stop sign going an estimated 60-70mph...I was also pregnant at the time...I had a bad head injury and my placenta abrupted causing me to have to have an emergency c-section...it turns out that my son had a chromosome problem and he ended up passing away 12/2/04...the official cause of death was the chromosome problem...however my son had to go through so much because of the accident and so did I...I feel that he possibly could have had more time with us if it wasn't for the accident...there is $500,000 insurance available and Gavin's(my son) hospital bills alone went over that amount...the insurance guy is saying that I don't need to get a lawyer because he will just do the same things that the insurance guy has to do but the lawyer will take one third of what I get...also it is taking forever for them to get things figured out...I think I deserve a lot of compensation for this accident and what i went through and had to watch my son go through...also the kid that his us didn't get in trouble at all...he didn't even get a ticket!...I was wondering if there was anything I can do about that also...is there any advice you can give me on any of this?...I might have left some things out, I'm not sure...there is just so much so if you have any questions that will help you to answer mine better feel free to ask....thank you...............Nicole
Kuckunniwi
 
Posts: 59
Joined: Sat Jan 11, 2014 9:29 pm

Serious Car Accident

Postby Emanuele » Wed Dec 14, 2016 2:43 am

You can call me at my home number 516-621-9116.

Phil Franckel

The reason I thought I would speak to you on the telephone is that your e-mail does not give me enough information and brings up too many questions.  For instance, you stated "...the insurance guy is saying that I don't need to get a lawyer because he will just do the same things that the insurance guy has to do but the lawyer will take one third of what I get...also it is taking forever for them to get things figured out".

I don't know who the insurance guy is.  Is this your insurance agent or is this the insurance claim representative for the defendant? First of all, someone who is not a licensed attorney is not legally allowed to represent you.  If this is the insurance claim representative for the insurance company, this person can be criminally prosecuted for practicing law without a license.  In fact, Allstate was criminally prosecuted twice by the State of New York for telling claimants that they did not need a lawyer and then trying to settle cases cheap.  So if this "insurance guy" is offering to represent you with regard to your claim for damages, even without charging you, he is illegally practicing law without a license.  Lawyers do not delay claims because they want to.  The longer a claim takes, the less the lawyer makes per hour, because the lawyers they are paid the same fee if they settle your case after one day of work or after three years of work.  

If this insurance guy is the claim representative for the car that hit you and was telling the truth, then this insurance guy should be offering to pay the entire policy to settle your claim.

It seems to me that the insurance company is trying to take advantage of you.  This is only one of the reasons that I wanted to speak with you.  I strongly advise that you speak with a lawyer immediately.  Additionally, you should make sure that you have a lawyer who does nothing but personal-injury.  Do not use a general practice lawyer.  This is more important than finding somebody around the corner from you.

With regard to your question about your son, the answer is yes, you may be entitled to damages, however, it is impossible for me to answer your question with the information you gave me.

With regard to the driver getting a ticket, the answer depends upon several factors.  Since he did not get a ticket, my answer would be most likely no.  I do not know what state you live in since you did not tell me, however, in New York State the police officer must witness the violation, in this instance, the car running a stop sign.  If the police officer did not witness the car running the stop sign, then he can not issue a summons.

Philip L. Franckel, Esq.

FRANCKEL & ASSOCIATES

Former Member Board of Directors,

New York State Trial Lawyers Association

telephone: 516-621-9399

email: [email protected]

website: the CENTER FOR INJURY ASSISTANCE® at www.HURT911.org

Hi,

Thank you for the opportunity to answer your question.  I'm very sorry to hear your loss.  I have a few questions, but I think it would be easier if we speak on the phone.  If you send me your telephone number and a good time to call, I'll be happy to give you a call.

Philip L. Franckel, Esq.

FRANCKEL & ASSOCIATES

Former Member Board of Directors,

New York State Trial Lawyers Association

telephone: 516-621-9399

email: [email protected]

website: the CENTER FOR INJURY ASSISTANCE® at www.HURT911.org
Emanuele
 
Posts: 48
Joined: Thu Jan 02, 2014 12:30 pm


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