A private sanitation truck ran over a woman on the Upper East Side, sending her to the hospital where she died about two hours later.
56-year-old Jodi McGrath, of Yorkville, was crossing 1st Avenue in the crosswalk with the light when a dump truck, which was making a left turn from East 92nd Street, clipped her in the intersection. Although her injuries initially appeared to be not life-threatening, she was declared dead at a nearby hospital shortly after her arrival. Richie Gomez, who is a doorman at the Marriott on East 92nd, says the intersection is dangerous. “You have to pay attention to the signs because once that light changes green they take off like it’s a race,” he said, adding that he had personally witnessed two other similar incidents in his ten-plus years at the hotel.
“The cars around that corner, they come flying.”
The Letters
In most non-fatal injury collisions, the victims require extensive medical treatment, when considering emergency care, surgical procedures, follow-up care, and rehabilitative therapy. Furthermore, many providers do not accept the victim’s’ medical insurance in these cases, because the company often denies coverage in these instances. So, the families may be saddled with tens of thousands of dollars in medical bills.
To address this issue, an attorney will send a letter of protection to medical care providers. This letter serves as notice that there may ultimately be a verdict or out-of-court settlement, and that the provider will be paid from the proceeds. In many cases, the attorney can negotiate with the provider for lower charges, so the settlement money goes a little further.
All favorable settlements are built on solid evidence, because the plaintiff has the burden of proof. But in many situations, critical evidence, like “black boxes,” may disappear before it can be used in court. That is because the insurance company routinely destroys totaled vehicles within a few days after a crash.
To deal with these circumstances, an attorney will send a spoliation letter. This document puts the insurance company or other recipient on notice that a lawsuit may be filed and evidence, like the black box, must be preserved. There are stiff penalties for recipients who ignore this letter and destroy evidence anyway.
A dedicated personal injury attorney does much more to help victims than advocate in court. For a free consultation with attorneys who are on your side, contact our office. We do not charge upfront legal fees in personal injury cases.