Long Island, New York (NewYorkInjuryNews.com) — All too often, attorneys are subjected to cries from the insurance companies and their allies that there are too many “frivolous” lawsuits that tie up the courts and stifle our economy. What you almost never hear about is what the insurance companies can do to delay and deny people their day in court. An example of this is a case handled by a New York City trial law firm on behalf of a police officer from Brooklyn that we will call “Gallo”. After you read this ask yourself why this case required going to trial? Why didn’t the insurance company just admit it was their client’s fault and pay the damages for this police officer’s pain and suffering?
While at the police station, Officer Gallo got a radio call that there was a gang fight breaking out at the DeKalb subway station in Brooklyn.
He and his partner immediately jump into an NYPD vehicle and sped off to the scene. The turret lights and sirens were turned on as they raced down Bond Street. Suddenly, a Lincoln Town car (a livery cab) thought it was an appropriate time to pull out of a parking spot into the otherwise clear path of the police car responding to an emergency.
Officer Gallo remembered almost nothing of the accident. He woke up in the hospital and could only recall that a swash of headlights and a silver or gray color suddenly appeared in front of the police car. He sustained a variety of injuries including damage to his left knee, his right arm and neck. Gallo’s injury also required back surgery. His injuries have left him with a life of intermittent stiffness and pain and a myriad of other problems. The law firm sued the livery cab company on behalf of Officer Gallo and the case ended up going to trial – which in and of it was amazing given the clear fault of the driver. You have to wonder if the court’s resources could have been better spent on cases where there was really something that needed deciding by a neutral fact finder.
However, this isn’t the only case which cried out for early resolution. Unfortunately it is an all too familiar situation. Why do insurance companies stall and avoid paying? One can only speculate –but if they know they have to eventually pay, maybe what they are doing is putting the money away and earning interest to soften the blow of the ultimate pay out.
Contributor: Christopher McGrath of Sullivan Papain Block McGrath & Cannavo PC, is a Long Island New York Auto Accident Lawyer – Chris McGrath is also well recognized as a lecturer on legal matters and is a fixture in the continuing legal education programs for bar associations and law schools. He is also an adjunct Professor of Law at Hofstra University School of Law.