Maria Gonzalez

Intake Overview: Plaintiff Maria Gonzalez, date of birth June 22, 1987 (age 37), is a dental hygienist who has been unable to work since the date of the incident and is currently on unpaid leave, with her right dominant arm affected. Her marital status is married; her husband is Carlos Gonzalez. The plaintiff resides at 2410 Grand Concourse, Apt 5C, Bronx, NY 10458. The incident occurred on the Major Deegan Expressway, northbound, in the Bronx, New York. Both the plaintiff's county of residence and the incident county are the Bronx, providing a clear basis for Bronx venue under current New York venue rules. On March 14, 2025, at approximately 6:00 PM, plaintiff was a front-seat passenger in a Honda Pilot operated by her husband, Carlos Gonzalez, traveling northbound on the Major Deegan Expressway. A tractor-trailer traveling in the right lane crossed into the Gonzalez vehicle's lane without signaling, struck the rear-right of the Honda Pilot, and forced the vehicle into a guardrail. Plaintiff was transported by ambulance to St. Barnabas Hospital. Also present in the vehicle were: Carlos Gonzalez (husband, driver); Elena Reyes (plaintiff's mother, rear-seat passenger); and Sofia Gonzalez (plaintiff's daughter, age 8, rear-seat passenger in a booster seat). Each of these occupants sustained injuries or symptoms of varying degrees, as detailed in the Injuries and Treatment section below. This matter is categorized as a car_accident. It is not a wrongful death case. Two potential defendants have been identified. The first is John Smith, the tractor-trailer driver, who is identified in the police report. Smith appears to be an individual, though his relationship to the trucking entity requires confirmation. The second is an unknown freight or trucking company identified as Smith's employer, whose name was not captured in the transcript and must be confirmed from the police report. The employer entity, once identified, is potentially a commercial defendant, which typically carries significantly higher policy limits and broader available coverage than standard personal auto policies. The tractor-trailer involved is not identified as a TLC-licensed taxi or rideshare vehicle. No indication exists in the intake that any defendant is a governmental, quasi-governmental, or municipal entity; accordingly, no shortened notice of claim deadline appears to apply on the current record, though this should be confirmed once the trucking company's identity is established. A police report was filed, confirming law enforcement responded to the scene. Whether EMS or FDNY also responded is not specified in the intake beyond the ambulance transport notation. Injuries and Treatment: Plaintiff Maria Gonzalez sustained a fracture of the right radius near the wrist and seatbelt bruising to the chest as a result of the subject incident. Her right arm is her dominant arm. She was transported by ambulance from the scene and received emergency treatment at St. Barnabas Hospital on the date of the incident, March 14, 2025. No inpatient admission is noted in the intake. The plaintiff subsequently saw an orthopedist, though the name and facility of that treating orthopedist have not been identified in the intake. She is reportedly in a cast and may require physical therapy following cast removal. No surgery has been reported at this time, and no future surgery is currently scheduled based on available intake data. Whether diagnostic imaging (X-ray, MRI, CT) was performed at St. Barnabas or by the orthopedist, and at what facility, is not specified in the intake. With respect to no-fault: a police report was filed at the scene. The plaintiff's vehicle is insured under GEICO in the names of both Carlos and Maria Gonzalez. It is not confirmed in the intake whether a no-fault application (NF-2) has been filed, nor is the no-fault claim number known. The attorney should confirm no-fault application status immediately upon case acceptance, as the NF-2 must be submitted within 30 days of the date of the incident (deadline: April 13, 2025). Given the proximity of the incident date, this deadline may already be imminent or may have passed depending on when this matter is accepted. Three additional occupants of the plaintiff's vehicle sustained injuries: Carlos Gonzalez (husband, driver) reported minor shoulder soreness but has not sought any medical treatment. Elena Reyes (plaintiff's mother, rear-seat passenger) sustained whiplash, neck pain, and headaches, was transported by ambulance to St. Barnabas Hospital, and is currently in physical therapy two to three times per week. The physical therapy facility and treating providers have not been identified. Sofia Gonzalez (plaintiff's daughter, age 8, rear-seat passenger in a booster seat) sustained no reported physical injuries but witnessed the collision and has since experienced nightmares, car anxiety, and emotional trauma. She has been seen by a counselor four times. The counselor's name and facility are not identified in the intake. Key Facts and Liability Considerations: - Statute of limitations: The applicable SOL for a motor vehicle personal injury action in New York is three years from the date of incident (CPLR § 214). The incident date is March 14, 2025, placing the SOL deadline at March 14, 2028. No imminent SOL pressure exists at this time. - Commercial defendant exposure: The adverse tractor-trailer is operated by an as-yet-unidentified freight or trucking company. Once identified, that entity will likely be a commercial defendant subject to higher insurance policy limits and potentially federal motor carrier regulations (FMCSA). Confirming the employer's identity from the police report is a priority. - Multiple injured parties in the same vehicle: Four occupants of the plaintiff's vehicle have reported injuries or symptoms of varying severity — plaintiff Maria Gonzalez (right radial fracture, seatbelt bruising, income loss), Elena Reyes (whiplash, neck pain, headaches, ongoing physical therapy), Sofia Gonzalez (emotional/psychological trauma, ongoing counseling), and Carlos Gonzalez (minor shoulder soreness, no treatment). Each represents a potentially separate claimant; the firm should assess whether it will represent any or all of them and whether any conflicts of interest exist, particularly given that Carlos Gonzalez is both a potential claimant and the driver of the plaintiff's vehicle. - Minor claimant: Sofia Gonzalez is eight years old. If a claim is pursued on her behalf, an infant's compromise proceeding and court approval will be required before any settlement can be effectuated. A guardian ad litem or representative capacity determination may also be necessary. - Plaintiff's loss of income: Maria Gonzalez is a dental hygienist on unpaid leave since the date of the incident, with her right dominant arm fractured. This creates a potentially significant lost wages and lost earning capacity claim. - Seatbelt usage confirmed: Plaintiff was wearing her seatbelt at the time of the incident (seatbelt bruising to chest is documented), which is favorable for liability purposes and eliminates a potential comparative fault argument on that basis. Sofia Gonzalez was in a booster seat, also favorable. - Plaintiff did not give a statement to the adverse insurer, which is noted as favorable for the plaintiff's position going forward. - GEICO identified as the plaintiff's vehicle insurer: This covers both Carlos and Maria Gonzalez. Coverage limits are unknown from the intake. - No referral source identified: The intake does not indicate whether this matter was referred by another attorney or other source, and no referring attorney is noted. - Extraction confidence: The automated extraction confidence is reported at 0.88, indicating a moderate level of certainty. The assigned attorney should be attentive to possible gaps or misattributions, particularly as to injury attribution across multiple claimants. Information Gaps: - Plaintiff's occupation/employment details: Employer name and contact information for Maria Gonzalez are not provided; needed to document and quantify the lost wages claim. - Plaintiff's dependents: The intake identifies Sofia Gonzalez as plaintiff's daughter but does not confirm whether she is plaintiff's only dependent or whether there are additional dependents; relevant to any loss of consortium or damages narrative. - Trucking company identity: The name, address, and insurer of the freight or trucking company employing defendant John Smith are not identified in the intake. This is the highest-priority gap for liability and coverage assessment, and should be confirmed immediately from the police report. - Defendant John Smith's address and county of residence: Not provided. Needed for service of process and complete defendant identification. - Whether defendant John Smith is an employee, independent contractor, or owner-operator: Affects the theory of employer liability (respondeat superior vs. independent contractor analysis under Leasing/FMCSA rules). - Trucking company's insurance carrier and policy limits: Unknown. Critical for assessing available coverage given the commercial nature of the defendant vehicle. - Police report copy: Noted as the source for trucking company identity but not confirmed as obtained; intake team should secure a copy immediately. - Ambulance provider: Not identified. Needed for records requests and potential no-fault billing records. - No-fault application (NF-2) status: Not confirmed as filed. Given the March 14, 2025 incident date, the 30-day filing deadline falls on April 13, 2025. The attorney must confirm and act on this immediately upon case acceptance. - No-fault claim number: Not provided. - GEICO policy limits for plaintiff's vehicle: Not provided. - Diagnostic imaging: It is unknown whether X-rays, MRI, CT, or other imaging were performed at St. Barnabas Hospital or by the orthopedist, and if so, the specific studies and facility are unknown. Needed to send targeted radiology records requests. - Orthopedist identity and facility: The name of the treating orthopedist and the facility at which plaintiff was seen post-discharge are not identified. Records cannot be requested without this information. - Cast removal date and physical therapy plan: Timing and provider for anticipated post-cast physical therapy are unknown. - Inpatient admission status at St. Barnabas: Not confirmed either way in the intake; should be clarified to determine the scope of the ER records request. - Plaintiff's health insurance carrier: Unknown. Needed to identify potential subrogation or lien exposure. - Medicare/Medicaid status: Unknown. If plaintiff is covered by either program, a lien search will be required. - Prior injuries, surgeries, or treatment to plaintiff's right wrist/arm or chest: Not addressed in the intake. Preexisting conditions to the same body parts now claimed could affect recovery and should be confirmed early. - Sofia Gonzalez's counselor name and facility: Not identified. Records needed if a psychological injury claim is pursued on her behalf. - Physical therapy facility and provider for Elena Reyes: Not identified. Needed if a separate claim is pursued on her behalf. - Whether Elena Reyes has her own separate legal representation or intends to be represented by this firm: Not addressed. - Whether Carlos Gonzalez intends to pursue a claim for his shoulder soreness: Not addressed. The firm should assess whether representing Carlos creates any conflict, given his role as the driver of the plaintiff's vehicle. - Whether any driver conduct by Carlos Gonzalez could be raised as a contributing factor: Not raised in the intake, but should be assessed given his position as driver. - Whether prior firms have been consulted or retained for this matter: Not indicated in the intake. - Referral source: Not identified. - EMS/FDNY response at the scene: The intake notes ambulance transport but does not specify whether EMS or FDNY responded; relevant for records requests. --- PRELIMINARY MEDICAL CHRONOLOGY 2025-03-14 — St. Barnabas Hospital — Initial emergency room visit; plaintiff Maria Gonzalez transported by ambulance following tractor-trailer collision; treated for fractured right radius (near wrist) and seatbelt bruising to chest. [Records not yet obtained.] 2025-03-14 — St. Barnabas Hospital — Elena Reyes; initial emergency room visit; transported by ambulance following same incident; presenting with whiplash, neck pain, and headaches. [Records not yet obtained.] Date unknown — Orthopedist (name and facility not specified) — Follow-up visit(s) for plaintiff Maria Gonzalez; treatment of right radial fracture; cast placed; possible physical therapy anticipated post-cast removal. [Provider identity unknown; records not yet obtained.] Date unknown — Physical therapy facility (name and facility not specified) — Elena Reyes; ongoing physical therapy 2–3 times per week for whiplash/neck pain/headaches. [Provider identity unknown; records not yet obtained; treatment ongoing.] Date unknown (4 sessions completed as of intake) — Counselor/therapist (name and facility not specified) — Sofia Gonzalez, age 8; psychological counseling for nightmares, car anxiety, and emotional trauma following witnessed collision. [Provider identity unknown; records not yet obtained.]