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Mediation or Settle?

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KarolinaS

Junior Member
What is the name of your state (only U.S. law)? New York

I am currently awaiting mediation, in 2006 I was struck by a car while crossing a street.

My history: 1998 I was in a car accident which resulted in fractured spine and 2 spinal fusions, partial paralysis to right leg, after 7 years we were awarded $50,000 form No Fault policies of two vehicles. Court case was denied – could have been due to the fact that my attorney was present during 9/11 and did not want to drag it further.

With this accident, I was also denied a court case due to the fact that my medical tests did not show any permanent loss or damage. I was crossing Woodhaven Blvd and was struck by a jeep that was making a left turn. As I realized what has happened I lay flat on the floor as all of my extremities began to go numb. The man from the jeep came towards me on his cell phone telling me to get up and leave that I was ok – I flew a few feet. I begged him to call the police but he did not, I then had to pick up the phone and call the police on my own. As a result of this all my previous ailments were greatly aggravated. I also began having panic attacks, and have a fear of crossing the street alone. I am loosing sensation to the left side of my body where I previously had no problems, and my right leg is much weaker. Tests showed nerve blockage in my neck, I am experiencing loss of feeling to my left side of face. As well as daily tension headaches. I was offered $4,000 to settle the case. My current attorney is advising me to take the monies and let it go, since medical exams show no significant damage.

what should I do? should I settle.. ???:confused:What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
You should really have posted this in one of your earlier threads about the same topic. But if you have no documentable permanent impairment, you should not in fact be able to get ANYTHING for pain and suffering. I don't see how you can claim to have weakness and loss of sensation but still medical testing shows no damage. If there's no proof of permanent injury, then you're lucky to get the $4k.
 

seniorjudge

Senior Member
You should really have posted this in one of your earlier threads about the same topic. But if you have no documentable permanent impairment, you should not in fact be able to get ANYTHING for pain and suffering. I don't see how you can claim to have weakness and loss of sensation but still medical testing shows no damage. If there's no proof of permanent injury, then you're lucky to get the $4k.

Amen and amen.

Take the money and laugh all the way to the bank.
 

KarolinaS

Junior Member
thanks so much for your advice. I'll take the monies but i dont know about laughing to the bank :( i hate that in NY you must have documentable permanent impairment.. and what one feels does not matter.

Best,
K
 

ecmst12

Senior Member
The idea is that your no-fault pays for your medical care, so there is no need to go after the other driver unless there is something wrong that can't be fixed. In states like NY, these laws are needed in order to keep insurance affordable.
 

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