Category Archives: Car Accident Settlements

How Much Should You Sue For Your Injury?

I recently saw a video by a personal injury lawyer which answered this question by providing advice how to determine the amount you should sue for when injured in a car accident.  The advice in the video was flat out wrong.

Since 11/27/2003, you or your lawyer (you should always have a lawyer and should never represent yourself) are no longer allowed to allege an ad damnum clause specifying the dollar amount of damages in a complaint for personal injuries.  The ad damnum clause is the paragraph in a personal injury complaint which used to state the amount of money you are suing for.

When it was allowed, I never sued for less than $10 million.  Now, this means that at the outset of your lawsuit, you cannot sue for a certain amount of money.  You can only sue for an undisclosed amount of money “which exceeds the jurisdictional limits of all courts lower than the Supreme Court”.  The limit of what the NYC Civil Court can award is only$25,000 which is why a lawsuit for injuries from a car accident should be brought in Bronx Supreme Court. Your attorney will ask for a certain amount of money when a jury begins to decide your case.

NYCPLR § 3017. Demand for relief (c) states: Personal injury or wrongful death actions. In an action to recover damages for personal injuries or wrongful death, the complaint, counterclaim, cross-claim, interpleader complaint, and third-party complaint shall contain a prayer for general relief but shall not state the amount of damages to which the pleader deems himself entitled. If the action is brought in the supreme court, the pleading shall also state whether or not the amount of damages sought exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction.

Note that the ad damnum clause is still used.  It’s just not  allowed to state the amount of money an attorney is looking for.  However, a lawyer must still allege the ad damnum clause and state that “the amount of damages sought exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction”.

The reason that the law was enacted was because the large amounts demanded in the complaint by attorneys was making headlines in the news because it was sensational, example: “Woman Sue For $100 Million in Car Accident”.  These headlines were causing a false sense that lawsuits were going to bankrupt insurance companies.  The headlines were fueling arguments for tort reform which was not needed.

Furthermore, the amount of money demanded in the complaint had no relationship to the amount of money awarded by a jury.  Someone could sue for $100 million for a broken rib and be awarded only $25,000 by a jury.

Finally, it is simply not necessary to state the amount of damages sought in the beginning of a lawsuit because a lawyer can still ask a jury to award any amount of money the lawyer feels like asking for.  Of course, the jury may award any amount of money it feels is warranted.

New Case Decision Restores Car Accident Lawsuits

You may not have even known that in the last few years, it has often become impossible to have a successful lawsuit for relatively serious injuries caused by a car accident. But you may have found out if your car accident case was rejected by a lawyer because you did not have a fracture (broken bone).

New York State No-Fault law provides that if you are injured in a car accident (only car accidents), you cannot file a lawsuit unless you have a serious injury. The No-Fault statute states that a fracture is a serious injury but provides very difficult to interpret language to determine whether other injuries are serious.

This has led to recent court decisions requiring doctors to treat a car accident patient in a manner to prepare for a lawsuit, beginning with the first medical examination. Instead of simply providing proper medical care, the courts have required doctors not only to prepare for a lawsuit but also to know how to do that.

It is not surprising that doctors rarely knew that they even had to perform examinations in a certain way for lawsuits. I have not found any doctors aware of the court decisions until I told them.

Often, people injured in a car accident call a lawyer weeks or months later and did not have the benefit of a lawyer who could advise the treating doctor. It is also not surprising that doctors did not know what to do and when told, they often didn’t want to cooperate.

Consequently, cases serious enough to require surgery but without a broken bone have been dismissed by the courts because they were not proved to be serious. Because cases were getting dismissed, insurance companies stopped settling car accident cases. The result is that many lawyers stopped taking car accident cases.

If you were injured in a car accident within the last three years and could not find a lawyer interested in representing you, you should talk to a lawyer again. If you have a current car accident lawsuit, your lawsuit just got a lot better. There is now very good news for car accident victims.

The New York State Court of Appeals in the case Perl v. Meher said that doctors no longer need to treat car accident patients for lawsuits and can once again return to practicing medicine. Now, preparation for a lawsuit can be done much later and after a lawyer has been retained.

How Insurance Companies Settle Car Accidents

Revealing videos from CNN with Anderson Cooper reporting on car accident claims settlement practices of Allstate and State Farm.

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How Insurance Companies Make Billions of Dollars by Denying, Delaying and Defending Car Accident Claims

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If you have been injured in a car accident in the Bronx, call Bronx car accident lawyer Phil Franckel 24/7 for a free consultation without obligation.
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