Marry a 70 year old!
In a personal injury case, the goal of lawyer for the plaintiff (the injured person) is to get the case to trial as fast as possible. The trial is the ultimate weapon of the personal injury lawyer. If you canâ€™t try a case, you have to take the insurance companyâ€˜s last offer.
A trial is the great equalizer. Once a case gets closer to trial, the insurance company is much more likely to settle. The old saying is that â€œthe heat of the courthouse melts the gold.â€œ
In New York, one way to get a trial quicker is to be granted a special trial preference. There are a few ways to get a preference. One way in which a preference is automatically granted is if the injured person is 70 or older.
The preference counts for any plaintiff in the case. So, if someone is under 70, yet they are married to someone 70 or over, they both get the preference.
This would be for a case where the older spouse is not physically injured but has a loss of consortium claim.
Loss of consortium, or loss of services means that the non-injured spouse has a claim derivative of the injured spouseâ€™s claim. The non physically injured spouse may have a claim that she now has to do more house work, more childcare, and/or is now unable to have sexual relations due to the other spouseâ€™s injury.
So, when my clients ask me how to get to trial faster, I tell them â€œMary a septuagenarian!â€Matthew Haicken
Haicken Law Personal Injury Law
11 Broadway, Suite 615
New York, NY 10004
212-LAW-TEAM • (212) 529-8326