Q: During my driving class, a commercial truck hit me on the turn and I got injured.
Today during my first driving class, a commercial truck drove from my left trying to go around me and turned on the right hitting the car I was in. I have sprained shoulder and strained lumbosacral strain. It clearly was the fault of the driver on the truck.
What should I do? Besides the police report I’d like to file a lawsuit against this company. What should I do and what not to do?
A:
Hi - I’m terribly sorry about your accident, it sounds awful. From what you described, it sounds like you may have a viable cause of action. You should consult with an attorney to see what your options are. In New York, there is a threshold that needs to be achieved prior to filing a case. If your injury fits the criteria, then you may be able to file a case.
Hoping that you feel better,
Jon Ripps
Jon
Tim Akpinar and Jonathan R. Ratchik agree with this answer
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A:
I'm sorry about your accident. I hope you have a healthy recovery from the injuries you describe. In terms of your question about what to do or what not to do, there's a lot to sort out. It's too much to cover within the brief scope of the Q & A format here.
If you reach out to attorneys who handle motor vehicle accidents, the norm in the industry is free initial consults. You could discuss things with an attorney that would answer your questions, including - completion of no-fault applications, handling of bills from treating medical providers, being asked to provide statements, and other matters that have to be dealt with at the outset of an accident claim.
An experienced attorney would be able to advise you on what to do and what not to do. It's important to get good guidance at the very start of a case. Actions taken at the beginning of a case could impact its progress later down the road. Good luck
A: Sorry to hear what happened to you. As my colleagues correctly advised, speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that in order to recover damages for "pain and suffering", you need to have suffered a serious injury within the meaning of the law. Also, in order for your hospital / medical bills to be covered by no-fault insurance, you need to file an application for no-fault insurance benefits within 30 days with the insurance company of the car you were driving.
Tim Akpinar agrees with this answer
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