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By A. Craig Purcell, Esq.

A. Craig Purcell, Esq.

In our last column, we outlined the criteria for eligibility to seek compensation or monetary damages for injuries you sustained in an automobile accident due to another driver’s negligence. We also explained the initial steps necessary to make such a claim. Now it is time to discuss how to evaluate your claim and negotiate with the insurance company insuring the at-fault party who caused the accident. 

Indeed, the first question we, and other lawyers, are often asked is, “How much is my case worth?” Although cliché, the answer is virtually always “It depends.” The truth is that there is no simple or easy answer to this inquiry, nor is there a tried-and-true method to develop a reasonable value for a given case. There are simply no established valuations for any particular injury, no charts to refer to, or answers even Siri can provide you. Among the many criteria for estimating a case’s value are the following:

• The severity of the injury itself

• Permanent disability due to the injury

• Age and occupation of the injured person

• If employed, time missed from work

• Ability to perform functions for daily life in the future (i.e., household chores)

• Ability to enjoy recreational activities, such as sports, that you participated in prior to the accident

• Expenses not paid by your No-Fault insurance carrier.

Several additional factors are considered when evaluating a particular claim; however, those enumerated above are the most important. For example, if the injured person is a construction worker who hurts his or her back in a motor vehicle accident, the effect may be a long period of time out of work. A computer operator who suffers a fractured hand or wrist and develops carpal tunnel syndrome may be disabled for longer than someone in a different position. The same goes for a doctor, electrician, or many other professions. In conjunction with these issues, the pain and suffering caused by the injury leads claimant’s attorneys and insurance companies to come up with monetary damage ranges and amounts.

While this is clearly far from an exact science, lawyers who handle personal injury automobile accident cases have many references they can utilize to evaluate these cases. These include publications reporting recent jury verdicts around the state for particular injuries or even significant settlements. Thus, the personal injury practitioner can get a sense of how much a claimant may expect to receive for a particular injury in each county in New York State, or what an insurance company would be willing to pay for such injuries. 

However, the exact amount your case may be worth is highly subjective and unique to your specific circumstances. Therefore, the claimant and their attorney must discuss the above criteria applicable to the case and start negotiating with the insurance carrier. 

It must be understood that insurance companies are under no legal obligation to pay a claim, although if they do negotiate, they must do so in good faith. This basically means that the insurance company runs certain risks if it makes woefully inadequate offers to settle your claim.

Our next column will answer more often-asked questions, like “Why do I need so much automobile coverage, if I have homeowners’ insurance or an umbrella policy?”

A. Craig Purcell, Esq. is a partner at the law firm of Glynn Mercep Purcell and Morrison LLP in Setauket and is a former President of the Suffolk County Bar Association and Vice President of the New York State Bar Association.

So much for well made plans. It was to be a milestone high school reunion this past weekend, a classmate was coming from Denver to stay with me, and we would attend the reunion together. I have known her since seventh grade, and for whatever reasons apparent only to middle school kids, we had nicknamed each other then “Salmon” and “Clambroth.” We giggled about that over our cellphones, temporarily traveling back in time 60 years, as we arranged the logistics for the coming event.

She had been one of the shortest girls in the class and I was one of the taller, so our classmates inevitably referred to us as “Mutt & Jeff” as we walked the halls. Would anyone besides us remember that? More than 50 women out of the original 225 in our all-girls school were coming into New York City or already there, and it promised to be a grand gathering.

My friend was already flying east Thursday morning when I climbed out of the shower and fell on my back in the bathroom. The pain was sharp and immediate. In an instant the much-anticipated weekend evaporated before my eyes. Never mind the weekend. I was going to be lucky if the bones on the left side of my body — my shoulder, elbow, forearm, ribs and hip — weren’t broken. None of the surfaces in the bathroom are forgiving, and I had cracked against the wall of the tub. The vision of walking into reunion was replaced by my coming home from the hospital in a body cast.

I realized I was screaming as I lay on the ceramic floor and had been for a number of seconds to no avail. There was no one else home. I screamed some more, just because I could, then began the miles-long crawl to my bedroom. For some unaccountable reason, I thought I would feel much better if I could get into my bed. Silly me, I couldn’t even stand. Nor could I stop shaking. I was able to pull the phone off the table, however, and I called a dear friend who fortunately was home and had rescued me before. Together we drove to the hospital.

That was only a 10-minute trip, but I felt every pebble and bump in the road. The hospital personnel were wonderful. They wheeled me into the emergency room, and after some inevitable paperwork but not much of a wait, I was helped onto a bed between two curtains and my date of birth corroborated several times with the paper bracelets on my wrist. An empathetic physician’s assistant greeted me and asked what had happened. Then came the X-rays.

Of course they were going to X-ray the places that hurt, and I tried not to scream during the many rearrangements of my body. The process seemed to go on forever although I had no idea of time, and then it was over. I joined my angelic friend between the two curtains and squirmed in bed, searching for a pain-free
position as we waited for the results.

The PA came with good news and bad news. My shoulder, elbow, arm and hip were badly bruised but not broken. In fact they were already turning colors of the rainbow amid the swelling. But my back, the area of greatest pain, had what seemed like a new compression fracture. I had endured that trauma before, and the PA couldn’t be sure it was a new or old injury. And there wasn’t much the PA could do except recommend a painkiller, preferably Tylenol, and send me home.

Imagine the reaction of my Denver friend when she completed the 2,000 mile trip to my house, only to find me laid out in my living room and still shaking. She did go the different events of reunion weekend, and through her descriptions and the texts and emails from those gathered, I was able vicariously to enjoy hearing what they talked about. I think before the next milestone reunion, I won’t shower.