Emergency Question ... 24 hours. Please Help. Car Accident.

[Pianist718]

New York City.

I would appreciate your professional help as we are in a situation that needs our answer within 24 hours.

4 Years ago, my girl friend was a passenger in a car accident. No ambulance was called but after the accident she did visit doctors. Our lawyer promised an approximate 20K settlement. The other side offered a much less amount and this thing went into court.

Yesterday, they actually had the court in session without her present. Lawyer today called her and said that in court the other side offered 6K. We have a choice.

1. Take 6K (she'll get 2-2.5K) or
2. Take it to civil court where they say she might get NOTHING.

We told the lawyer that we might consult with another attorney but they said that we need to give them our answer by tomorrow evening (24 hours)

Please help us. What right do we have at this point?

P.S. My girl friend was supposed to visit our attorney's doctor for re-evaluation but she never did. They said this played a negative part in the case.

 

[shortbus]

Sure, you can lose if you go to trial. Damages have to be provable. The lawyer's $20K estimate is irrelevant now that you're in court.

The fact that the victim didn't seek extensive medical attention tends to undercut her case that her injury is worth gobs of money (a jury will think -- if it was as bad as she says, why didn't she see a doctor?)

Maybe your lawyer can make a counter offer and get $7-7.5k as a settlement. Switching lawyers will not be productive at this point, and is likely to annoy your current one.

 

[fairisfair]

you have the right to accept or to decline their offer.

What is your real question?

 

[Pianist718]

My question is ... what other options we have in order to get more money for this case. She did see a doctor for 2 month right after the accident. She just was unable to visit the doctor they wanted her to see right before the court.

 

[shell007]

My question is ... what other options we have in order to get more money for this case. She did see a doctor for 2 month right after the accident. She just was unable to visit the doctor they wanted her to see right before the court.

Why was your GF NOT aware/present in court?

 

[moburkes]

My question is ... what other options we have in order to get more money for this case. She did see a doctor for 2 month right after the accident. She just was unable to visit the doctor they wanted her to see right before the court.

She was unable to visit the doctor, but she wants a lot of money from the other party?

 

[Pianist718]

The reason why she didn't see the doctor is because they gave a little time notice. She couldn't get off work.

Why she was not in court??? No one even told us that there will be court that day. Hence she was not invited to be there.

 

[shell007]

The reason why she didn't see the doctor is because they gave a little time notice. She couldn't get off work.

Why she was not in court??? No one even told us that there will be court that day. Hence she was not invited to be there.

Just my opinion, but based on what you've said here:

A: Your GF did not go to the IME (Independent Medical exam). By not doing so....this hurt her claim BIG TIME.

B: She did not show up for court for her OWN case. (I also find it hard to believe that she wasn't told about it )

Therefore....if she is offered ANYTHING at this point, take it! If you try to pursue this for more money, your GF is going to find herself doing a lot of back-pedaling, and she will have a lot of explaining to do, which probably WILL NOT do any good.

I think she pretty much sank her own ship!

 

[Pianist718]

Shell .... thank you for the feedback.

IME, yes you're right.

Regarding the court ... her attorney told her that if she is needed there, she'll let her know.
They called her the next day just to give this news. They did not invite her to be there. Did they do this on puprose??? Just to be done with the case?

 

[shell007]

Shell .... thank you for the feedback.

IME, yes you're right.

Regarding the court ... her attorney told her that if she is needed there, she'll let her know.
They called her the next day just to give this news. They did not invite her to be there. Did they do this on puprose??? Just to be done with the case?

I seriously doubt that her attorney did anything on purpose that would ultimately hurt her case. Her attorney would be "shooting himself/herself in the foot" by doing so.

With that being said...the fact that she did not attend the IME appointment was the big clincher. She should have tried to make other arrangements. This really made her look bad. (ya know...like she had/has something to hide...ie: the injuries really don't exist)

I'm surprised they are offering anything at all at this point.

 

[Pianist718]

At this point what can be done???

Can she go to the doctor now and ask for 2nd trial?

 

[shell007]

At this point what can be done???

Can she go to the doctor now and ask for 2nd trial?

That is a question for her to ask her attorney.

Like I said before....her past poor behavior is going to shine like the sun.

The opposing side IS NOT GOING TO FORGET what has already transpired. Guarantee that if this goes to trial AGAIN....all of this will be brought up, and may actually hurt her case even more.

Just my opinion.

 

[rmet4nzkx]

She was represented by counsel, it sounds like this was some sort of settlement conference in which case she may not be required to attend and since she failed to atted the IME, pretty much sabatoged herself, aparently her injuries were questionable at best, obviously she is still working and wasn't keeping in contact with her attorney. Since she wasn't required to attend and hadn't presented herself for the IME, her presense and availability may have been counter productive at best and her attorney may have got the best settlement possible considering she wasn't badly injured. That settlement should have considered her medical bills etc. Her percent of that settlement may indeed be better than nothing because she has sabatoged her own case and the cost to litigate even if she gets a larger settlement may be wiped out by the court costs and expert fees. THis should have all been explained by her attorney.

 

[You Are Guilty]

At this point what can be done???

PRetty simple. Either take the money (we call it "nuisance value") or not, and risk getting nothing after a trial.

Can she go to the doctor now and ask for 2nd trial?

Not even remotely. In fact, she's lucky the case wasn't dismissed outright for her failure to attend the exam.

 

[Pianist718]

Thank you all for the help. I appreciate it.

Problem is ... her attorney never mentioned the importance of this visit to the doctor. Never did they showed worry that case will be lost if she does not go. It's as if they didn't care.

Good leston to us though.