What Are Examples Of Common Injuries Sustained In Auto Accidents?
We’ve seen every kind of injury there is! We’ve seen everything from fractured legs, fractured arms, skull fractures, traumatic brain injuries, we’ve handled a number of neck and back cases, herniated discs and nerve injuries and radiculopathies, even with spinal surgery. With shoulder injuries we see a lot of torn labrums and rotator cuff tears and elbows. You see epicondylitis and tears of the tendons. A lot of fractures in the legs you see where people are hit while crossing the street.
You also see a lot of spinal fractures. Typically, if a vehicle is rear-ended, you’re going to see the neck and back injuries, the herniated disc because of the way that the body mechanics go. When you’re rear-ended, you’re thrown backwards and forwards in this kind of a whiplash-type of motion that causes injuries.
Is It Easy to Win An Auto Accident Compensation Claim?
It depends on the factors involved, how the accident happened and what their injuries are. I would say cases involving fractures, for example, with a clear liability tend to settle fairly quickly. Cases where people have had surgery tend to settle very quickly. We see a lot of knee injuries, a lot of shoulder injuries with surgery, especially in bicycle accidents, and those tend to settle pretty quickly.
In a lot of pedestrian cases we tend to see a lot of fractures where people are hit by cars and something gets fractured. Those tend to settle pretty quickly. However, the neck and back cases tend to take a little bit longer, especially if there is a dispute on liability and then for he-said, she-said of who is at fault.
Do People Ever Get Discouraged in Auto Accident Cases?
If you’re getting hesitant or you’re getting frustrated, a lot of times you’re playing into the insurance company’s hands. That’s their game, they try to delay and we have to fight them and fight them to get them to do what’s right. Unfortunately, nowadays, it’s getting harder.
You have to have faith, you have to have the conviction to be willing to go forward and a lot of times you have to, sort of, go through the fire to get to the other side. The delay tactics are part of the game. The insurance companies want you to get frustrated, they want you to give up, these are tactics they use to try and pay less than what they should be paying. We encourage our clients to sit tight and hold out for what they are entitled to.
What Happens If A Loved One Passes Away Due To Injuries Sustained In An Auto Accident?In those cases, it becomes a wrongful death case. What happens is, typically, the next of kin has to file an application in the Surrogate’s Court and we do this, we prepare this for what’s called letters of administration and that gives them the right to file a lawsuit or take whatever action that the person who died would have been able to take.
In New York State, for wrongful death you can recover damages for the loss of support of the deceased person, for example, if you had a husband and father who was supporting his wife and kids, they can then claim all the future support that that individual would have provided them throughout the course of his life and we regularly hire economists and forensic economists to do projections of what this particular person would have provided to them throughout the course of his life.
You can also get the value of the services they would have provided, for example, education, support, that sort of thing too. In addition, you can recover on behalf of the deceased person damages for all the pain and suffering that they suffered prior to dying and, typically, there is a lot more of a process to it because every settlement has to be approved by the court. So you have to go to court and explain the settlement, explain everything to a judge, go in front of a judge, the beneficiaries of the decedent also have to go in front of a judge and the judge has to approve the settlement.
Are There Any Ways That I Can Help To Expedite My Auto Accident Case?
The only thing I can tell people is just to do what they are supposed to do, which is, get the treatment they need and document everything they can in terms of getting the police report, the photograph and doing what the doctors tell them to do. It’s not so much of what can I do, it’s if you don’t do it, if you don’t do the things that you’re supposed to be doing, that’s what causes the problems.
For more information on the Common Types of Injuries Sustained in an Auto Accident, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling 212-858-0503 today.