Victim Hurt in Bronx Car Accident Receives Settlement – Feb. 2015

The personal injury lawyers at Martin + Colin, P.C. have settled a lawsuit arising out of a car accident on Bronx Park East near Allerton Avenue in Bronx, New York.Smiling Young Woman

The plaintiff, a resident of the City of New York, Borough of the Bronx, was traveling alone on Bronx Park East at the intersection of Allerton Avenue, intending to make a right turn onto the Mosholu Parkway.  As he sat in his vehicle waiting to make the right turn, our client’s vehicle was struck from behind by another car.  The impact jolted our client and knocked him back and forth inside his car.

The injured car accident victim sought immediate medical treatment at Lawrence Hospital complaining of lower back stiffness, neck pain and shoulder pain.  He was evaluated, x-rays were taken and he was released.

For the next five months, our injured client suffered in silence, hoping the pain would go away and that he would recover from the accident.  However, the pain persisted and became increasingly unbearable.  The victim injured in the car crash had never complained of back pain prior to this accident.  Eventually, he sought additional medical treatment.  A neurologist immediately observed muscle spasms in the patient’s back, decreased range of motion and also suspected radiating pain.  Treatment with physical therapy was recommended and started.  When continued physical therapy treatment failed to return our injured client to his pre-accident physical condition, the lawsuit was commenced.

Injuries such as those suffered in this case often result in settlements ranging from $5,000 to $75,000, depending on the specific facts of each case.  In this lawsuit, the settlement amount was reduced because the victim sustained painful injuries during the car accident but did not receive medical treatment (except for one brief emergency room visit) for several months immediately following the accident.  Another factor reducing the settlement amount was the lack of objective medical testing confirming the injured accident victim’s complaints.

As stated in a prior post, jury verdicts for injuries causing low back pain, corroborated by objective medical testing, can exceed $100,000.00.  And let’s be clear: the lack of objective medical testing does not mean a lack of pain.  However, the lack of objective medical test results to corroborate an injured person’s complaints can, and often does, reduce the amount of money an insurance company is willing to pay to settle a claim.

The injury lawyers at Martin + Colin, P.C. leveraged their expertise handling similar cases and successfully convinced the other driver’s insurance company that a good settlement was better than an unfavorable jury verdict; and as this case was venued in Bronx County, a jury verdict in favor of the plaintiff could have cost the insurance company a much larger sum of money.  However, our client preferred the certainty of settlement rather than the risk of trial, and during settlement negotiations, we were able to settle the case to the satisfaction of the client.

Call us now at (914) 771 7711 and let us apply our expertise to your case.

'Your Civil Rights When Falsely Arrested' – Discussed in Recent Article

Martin Colin, P.C. recently published an introductory article discussing the rights of citizens to seek redress after a false arrest.  This article is one in a series intended to illustrate the types of legal matters handled by our lawyers and is intended to educate individuals contemplating legal action on what they might expect from the legal process and what they might obtain as a final outcome.

The article was originally published here: ‘Your Civil Rights When Involved With the Police’

2013-10-6 Article - Civil Rights - False Arrest

The full text of the article appears below:

Your Civil Rights When Involved With the Police

Sure, you know you that the law offers you some protection when you are being investigated for a crime. For example: you have the right to legal representation at all stages; and when you are being questioned, you have the right to refuse to answer and speak with your lawyer. But as a consequence of a criminal investigation, it sometimes happens that mistakes by criminal investigators and police in identifying the correct suspect leads to the false arrest and illegal detention of an innocent citizen.  When this happens, does the law provide you any remedy to help right this wrong, and to help you put your life back together? 

An arrest may be made when a law enforcement officer has probable cause to believe that an individual participated in a crime that was committed in the officer’s presence or otherwise. Even regular citizens may arrest you at the scene of a crime that they witnessed. Often, an arrest warrant is needed for a suspect to be apprehended. In all these circumstances, mistakes are sometimes made in the criminal investigation process. There are even situations where profiling has led to a false arrest and illegal detention. There are other occasions where, even with a warrant, the wrong person was arrested. When you have been falsely arrested and charged with a crime, call a competent lawyer immediately. It would not be the first time that an individual was arrested and prosecuted for a crime he/she played absolutely no role in orchestrating.

You will need a lawyer to help you prove to law enforcement, prove to the prosecution team and prove to the judge that you are indeed innocent. Right at the moment when you are being taken into custody, you have the right to call for an attorney to represent you. Without legal representation, it may be a waste of time to try reasoning with the officers as they may believe you are a valid suspect. With effective legal representation, you will be able to expedite the resolution of the false arrest and get the charges cleared up.  If your life has been adversely affected by the false arrest and prosecution, you may want to initiate a lawsuit against the offending law enforcement agency and the individual police officers. We highly recommend that you speak with competent lawyers experienced in this area of the law.  In the New Your City metropolitan area, lawyers at the White Plains, New York law firm of Martin Colin, P.C. can help.  You can telephone at (914) 771 7711 for a consultation or reach them at http://martincolin.com on the web.  They have vast experience representing the falsely arrested and will definitely see to it that you are adequately compensated for a wrongful arrest or malicious prosecution.

Many people have brought successful cases against the police department and the individual law enforcement officers involved in the false arrest. If you pursue your claim without an attorney, you could miss a deadline or make some other mistake fatal to your claim. This is why many people who feel dreadfully wronged by a false arrest actually seek a competent attorney to give them legal guidance in pursuing a court case. You have the right to sue for compensation for such violations. All you need is a competent lawyer, like the attorneys at Martin Colin, P.C. to guide you through the process and fight for your claim. The lawyers at Martin Colin, P.C. have experience protecting individuals from erroneous criminal prosecution and obtaining settlements as a result of false arrest and malicious prosecution.

The attorneys at Martin Colin, P.C. can be contacted by telephone at (914) 771 7711.

Recent Interview Featuring Our Personal Injury Attorneys

Martin Colin, P.C. is pleased to share with you a recent interview discussing our personal injury law practice.  The interview was conducted by Voicu Mihnea Simandan and featured on his eponymous website Simandan.

The article can be found here: http://www.simandan.com/?p=9759

2013-9-16 Interview Wm Martin

  The full text of the interview appears below:

Interview with New York lawyer William Martin

William Martin is a 49 year old lawyer and the owner of Martin & Colin, a law firm located in White Plains, New York, which is located just outside New York City.  In this interview he highlights some of the services his company provides.

Voicu Mihnea Simandan:  Helping and giving assistance to other people is in you blood. How did it all start?

William Martin:  After attending a university, I received my legal training at Fordham University School of Law.  The school’s motto is:  “In the Service of Others.”  And I have always found that great personal satisfaction results when you apply your talent and ability to assist other people during a very stressful, challenging period in their lives.

Voicu Mihnea Simandan:  For people outside the US, Americans seem to sue each other quite often. Why is that?

William Martin:  Americans have a believe that their system of justice is an appropriate and adequate forum for resolving a great many disputes between members of a community.  When your neighbor spills garbage and it somehow flows onto your property and kills your animal or your plants or contaminates your drinking water; or when your neighbor drinks too much at the marriage of his daughter and on his way home drives his car and hits your parked motorbike, how do you get compensation from your neighbor from his mistake?  I would imagine that in most countries there is a legal system that determines whether and how much your neighbor must compensate your for his mistake. The American legal system is very imperfect and sometimes unjust, but it works better than any other system that I have studied.

Voicu Mihnea Simandan:  Among other services, Martin & Colin also handles auto accidents. What kind of legal help do you provide?

William Martin:  For at least the past 50 years, most tasks of our daily lives involve the use of an automobile.  That is how we get to work, how we get to the food market, how we get to the retail store, how we get to parties and other social events and sometimes how we get to school.  When so much of our daily life involves driving cars, it is inevitable that we will occasionally have car accidents.  The accidents could involve two cars such as in a head-on collision, a rear-end collision or a right-angle collision, also known as a T-bone collision.  Or, the accident could be a single-car accident, and these occur most often when you are a passenger in a car driven by some else who has a collision with a fixed object while driving that vehicle.  We assist people who have suffered bodily injuries as a result of car accidents.

Voicu Mihnea Simandan:  What about accidents due to negligence of another person or a firm?

William Martin:  Accident cases can be complicated by several issues, therefore they must be handled by experienced injury attorneys.  Some of the issues that can arise:  an insurance company may refuse to pay you fair and just compensation for your injuries because the insurance company is not satisfied that your injuries resulted from this particular accident; rather, the insurance company may claim that your injuries result from other aspects of your life – you eat too much and are overweight, you play too hard and have old sports injuries, you complain too much and are really exaggerating your injury.  A careful, experienced injury lawyer will be able to overcome these objections of the insurance company and convince them that your injuries are proximately related to the negligence and the accident.

Voicu Mihnea Simandan:  Do you cover personal injury cases?

William Martin:  We represent individuals who have suffered personal injuries or bodily injuries as a result of the carelessness, negligence or misconduct of another person.  Some examples of people who have recovered money to compensate them for their injuries include: a child who was ejected from his vehicle and sustained a fractured skull during a one-car roll-over accident.  The car’s driver swerved from one lane to the other, turned the wheel too suddenly, lost control of the vehicle and it veered off the highway and overturned on the shoulder of the highway.  Another example is a woman was walking across the street, in the crosswalk, when she was hit by a car turning the corner.  The pedestrian was knocked to the ground, causing her head to split open and injuring her shoulder requiring surgery.

Voicu Mihnea Simandan:  Can you tell us of any recent case in which you have helped the plaintiffs?

William Martin:  Sure.  Recently, we had two separate instances where young women, one in her late teens and the other in her mid-twenties, came to our office more than a year after they had been in car accidents.  During that year, they had been haunted by nagging knee injuries that never got better.  When the insurance company refused to pay for additional physical therapy, each of these young women contacted our office.  In each case, a surgery was eventually required to repair the injured knee.  Also in each case, the insurance company refused to pay for the surgery and refused to offer money to compensate the young woman for her pain and suffering.  We took on both of these cases, and in each case was able to obtain substantial compensation for the injured party.  However, obtaining money in each of these cases was much more difficult because the injured person waited almost one full year after the accident to hire an attorney.  If there is one lasting message I hope you take away from this article that message is too consult with an attorney sooner, rather than later.  It will be good investment of your time and effort because it will increase the likelihood that the lawyer can help you obtain money compensation.

Voicu Mihnea Simandan:  What can people do to avoid being involved in an accident in the first place?

William Martin:  Shakespeare said, among other things: ‘too err is human’.  So, no matter how careful we are, being human means that mistakes are inevitable and accidents are going to happen.  However, although we cannot prevent all accidents, there is one action we can take today that will help us should we find ourselves in a car accident in the future.  In most states, your own personal automobile insurance permits you to purchase additional or ‘supplemental’ insurance to cover yourself and your immediate family, should someone uninsured, or underinsured, cause you to sustain bodily injuries as a result of their carelessness or negligence while operating an automobile.  This additional insurance coverage will cost you a few extra dollars each year.  However, this small sum can provide substantial financial protection for you and your family.  I urge everyone to discuss increasing this uninsured / underinsured auto insurance with their insurance company for the protection of yourself and your own family.

Voicu Mihnea Simandan:  Do you also work together with insurance companies?

William Martin:  No.  I spend most of my time fighting with insurance companies.

Voicu Mihnea Simandan:  For a law firm, how important is it to build a close relationship with a client?

William Martin:  Too many law firms are operated like factories.  But remember, the law-firm-as-a-factory model enriches the law firm owner, it does NOT benefit you.  I urge you not to surrender your lawsuit or legal claim to one of these ‘factory’ firms.  We are not a factory.  We are a team.  Whereas they have a top down command structure, we work together, in collaboration with each other.  Your case will benefit from our brainstorming, mindshare approach.  We believe that their approach maximizes law firm profit; whereas our approach maximizes the financial gain for the injured client.  Please consider our firm when searching for talented lawyers.

Voicu Mihnea Simandan:  What about your fees?

William Martin:  We are very fair when charging clients for our efforts.  For personal injury and negligence cases, we perform all work on contingency.  Meaning, I do not charge you directly for my efforts.  Rather, I receive an agreed-upon percentage of any money recovered on your behalf.

Car Accident Settlement – June 2012

Martin + Colin, P.C. announces the six-figure settlement of a car accident case. June 2012

The owner and operator of the other vehicle involved in this settlement were insured by GEICO. The favorable settlement provides substantial compensation to the victim and brings the lawsuit to an end without having to proceed to trial.

The plaintiff, a resident of Highland Mills, in Orange County, New York, was the front seat passenger of a vehicle traveling on Route 105 near Dennis Drive in the Town of Highland Mills. The defendants were the owner and the operator of a vehicle traveling in the opposite direction. At a sharp bend in the road, the defendant driver lost control of her vehicle, crossed over the center line and struck our client’s vehicle head-on with great force and impact, causing serious and permanent injuries and damages to our client, the plaintiff.

Our client complained of right knee and left hand pain continuously since the accident. Conservative medical treatment, including physical therapy, failed to eliminate the right knee pain. After that, our client underwent a right knee surgery, during which the physician diagnosed, and repaired, a tear of both the lateral meniscus and a tear of the medial meniscus.

We evaluated our case as we prepared for trial, and concluded that we would prevail in a court of law as the defendant driver was clearly liable for the accident. In addition, our client presented as a careful, likeable college student who would have great jury appeal, who has suffered greatly, and will continue to suffer, as a result of the defendant’s careless driving.

Our attorneys engaged in lengthy settlement negotiations, eventually obtaining a six-figure settlement for our very satisfied client.

The injury attorneys at Martin + Colin, P.C., headquartered in White Plains, handle accident claims, negligence and personal injury cases. If you have been hurt in an accident due to the negligence of another person or firm, Martin + Colin, P.C. may be able to help.  Please call (914) 771 7711 or email using the ‘Contact Us’ form on this webpage

Call us now at (914) 771 7711 and let us apply our expertise to your case.