Friend hit by a car; NY law doesn't seem helpful, what can she do?

• A friend of mine was hit by a car as a pedestrian in New York state. Full question below. My friend was walking with her boyfriend across the street as told to by a crosswalk. She was 3/4 of the way to the other side (her boyfriend said about 20 seconds had passed on the 30-second crosswalk timer when she was hit) and a car ran a solid red and hit her at about 30 mph. The car was in the left lane and not turning right -- the car just blatantly went through a red light. She was struck, rolled onto the hood and fell onto the ground -- she is currently in a lot of pain and has some herniated discs but did not break anything. There were a ton of witnesses. In the police report, the driver fully admitted he ran the red light and that he had two drinks before driving. He claimed in the report the sun was blocking his view, but it was 8pm -- the sun wasn't out and there was a big fire truck and a line of cars all stopped that the driver should've seen and also should've blocked any supposed sunlight as he approached the intersection. (That firetruck was also why my friend and her boyfriend couldn't see the car coming.) According to a road side breath test, the driver blew a 0.04. My friend and her boyfriend claim the police let him sit in his car at least an hour before they tested him for alcohol. Police did not take him in for a test to check his BAC at the police station -- they let the driver go. The driver is very old and also very wealthy/well-known/poerful in this area. The driver attempted to leave the scene immediately, tossing his business card at my friend and telling her to call him, but my boyfriend screamed that no one should let him leave. The firefighters who were there in their firetruck helped my friend and her boyfriend. My friend is seeking legal counsel literally from one of the personal injury attorneys you see billboards and ads for. She knows someone who works there, but a secretary. An attorney from the law firm told her she can only sue only 1) for her medical costs, 2) if she has long-term pain or 3) if she is out of work for 90 days. They say the fact that this guy was drinking and might've been drunk cannot be used and emotional distress is not a legitimate reason to sue in NY. We checked and the police station's typical protocol is if someone blows below the legal limit, they are not brought in for a more accurate test. In my opinion, a roadside breath test is inaccurate, can be "beaten" and when the driver admitted to drinking and blew anything, he should've been taken to the station for a BAC test that is admissible in court immediately. (DWI in NY is .08, but DWAI is .06.) I feel like drinking and then running a solid red and hitting a person would be something a jury would be sympathetic toward if there is a case my friend can bring before a jury. My friend went to the hospital immediately after the incident, but the attorneys also told her to visit her own doctors to get documentation of the pain and problems she is experiencing. But it sounds like any monetary damages she can sue for are only limited to medical bills, lost wages if she missed three months of work and then if she experiences long-term chronic pain, only then can she be able to sue over quality of life. My question is: Is there really nothing more she can do? I feel like this guy is getting away with something pretty serious. My friend is in extreme pain and can't move. He hit a human being with his car when he was drinking. Is there anything else she can do to bring this guy to justice, because right now there's a good chance the judge will just give him a ticket for running a red light, reduced down to a parking ticket. Secondly, if she can only sue for chronic pain, what is the standard there? -- if she visits a doctor frequently complaining of pain and does physical therapy, is that enough? Or would she have had to miss work too? How do you prove being in pain and what is the burden of proof? What is the threshold for "serious injury" in NY. And then, is she entitled to compensation beyond merely reimbursing her for medical bills if she does have chronic pain? Would that be a large sum of money enough for this extremely wealthy man to feel penalized at all? I feel like this guy needs to pay up somehow -- what he did was fucked up. Thanks.

• Answer:

  I am asking legal advice insofar as I was wondering if people would say, "That attorney is exactly right. There is nothing she can do unless her injury persists" or say "No way, my cousin's friend's girlfriend totally sued a guy in NY who hit her and got $8 million and she wasn't even hurt." If two or three people said "That attorney is exactly right, she's out of luck" would you tell her to drop it? This is just about the most clear-cut example you can imagine of why it's downright dangerous to be seeking legal advice here. You are frustrated and you want to help her. That is admirable, and we should all be so lucky to have a friend like you looking out for us, I mean that sincerely. But asking for advice to second-guess what her lawyer is telling her is absolutely doing her a disservice. There are many ways to support her and help her but none of them involve seeking legal advice on her behalf online because you don't trust the answers she is getting from her actual lawyer.