Following a motor vehicle accident, it is important that you receive treatment for your injuries. But even though you are being treated by your chosen doctors, there is a chance that the insurance company will send you a letter scheduling you for an Independent Medical Exam, or IME, with the insurance company’s doctor. Also referred to as “Defense Medical Exams,” or DMEs, these exams are the insurance company’s opportunity to review your injuries to determine if coverage is still medically necessary. Continue reading “Independent Medical Exam Following a Motor Vehicle Accident”
Tag: motor vehicle accident
New York County Supreme Court Upholds Decision Under Respondeat Superior Doctrine
The New York County Supreme Court was tasked with deciding if an employer should be liable for damages caused by one of their employees while running a company errand. Justice James d’Auguste in the case of Couillard v. Shaw reviewed the jury’s decision and the doctrine of respondeat superior in deciding to uphold the $12 million verdict.
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Estate Not Entitled to Any Damages in New York Wrongful Death Suit in Sunrise Highway Accident
When 64-year-old Juan Estevez attempted to cross Sunrise Highway in Freeport, New York, he was struck by a left turning vehicle. The January 2013 Sunrise Highway accident left Estevez with severe injuries to his head, ribs and sternum. After resuscitation efforts failed at the hospital, he was pronounced dead. Mr. Estevez was survived by three adult sons.
The estate of Mr. Estevez brought suit against the driver. A Nassau County jury found that both the driver and Mr. Estevez were responsible for the accident. The driver testified that he could not have avoided the impact because Estevez was wearing dark clothing, walking against the light, and walking outside of the crosswalk. The jury subsequently found that the driver was 22% liable and Mr. Estevez 78%. Even though the driver was found to have been 22% liable for the accident, the court held that the estate was not entitled to any damages at all for pre-impact terror, pre-death pain and suffering, or loss of parental guidance.
Sudden Danger Leading to Automobile Accidents
Being faced by a sudden danger of a pedestrian suddenly darting out into traffic, or another vehicle’s failure to yield can be terrifying. Often divers in these situations are unable to prevent a crash from occurring. Claims arising from these situations are often argued under the common law’s “emergency doctrine.”
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