Personal Injury Law
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Elmira Motorcycle Crash Demonstrates Danger Turning Vehicles Pose to Bikers
Posted on November 20, 2009As a personal injury attorney who handles a LOT of motorcycle crashes, I feel confident in saying that one of the greatest dangers to bikers is turning vehicles. As every biker well knows, people in cars just don’t see bikers; they turn in front of them and cut them off not because they are [...
The Numbers Don?t Lie: Malpractice Payouts Are At All-Time LOW
Posted on November 18, 2009Despite what insurance companies and doctors may want us to believe, there is NOT a medical malpractice lawsuit “crisis.” The fact is, 2008 marked the LOWEST number of malpractice payments by physicians since at least 1990 (when the records were first kept)...
New Anti-Subrogation Law for New York State Could Curb Insurance Companies? Greedy Practices
Posted on November 17, 2009Last week, the New York State Legislature passed an anti-subrogation bill. To the general reader, I realize this news needs some explanation, but believe me, this is VITAL information for anyone who lives in New York State and it is GREAT NEWS for NY consumers! Roy A...
Attorney Adam Gee Added to Faculty of Solo Practice University?!
Posted on November 16, 2009The Ziff Law Firm is proud to announce that Adam Gee, one of our injury and malpractice attorneys and an author of this blog, was recently added to the faculty of Solo Practice University? . Solo Practice University? is a web-based educational and professional networking community for lawyers and law students...
Experienced Attorney Warns: Protect Your Personal Injury Case By Being Smart About Social Media
Posted on November 11, 2009I have written before on the NY Injury Law Blog about the dangers of giving away your privacy online with social media. Sloppy postings on Facebook, MySpace, YouTube and other social sites can easily undermine personal injury cases – and believe me, insurance companies are well versed in any techniques to weaken plaintiffs’ cases...
Just Asking for Disaster: Why Some Legal Matters Shouldn?t Be Do-It-Yourself Projects
Posted on November 10, 2009Here is a hilarious guest post, “Self-Help Legal Switcheroo” by Rick L. Law, an Elder Law attorney in Aurora, Illinois. Rick exposes the absolute flim-flam that is legal advice and documents on the Internet. Here’s Rick’s Guest Post: “We all like to save money ? especially on legal matters...
Discussion of New Texting Law? WHY LAWS ARE SO IMPORTANT FOR ALL OF US!
Posted on November 03, 2009In response to Adam Gee?s recent post regarding the new New York Don’t Text While Driving law (a GREAT law in my book), I received a FaceBook Comment from one of my best friends. Before even discussing her comment, I want to say that my friend is one of the kindest, most intelligent people [...
Free and Found on the Web: Great Programs for Trial Lawyers
Posted on November 03, 2009A cool thing about blogs: Every once in a while, you come across a post with incredibly helpful information from someone with an insider’s knowledge. That was the case for me with the following post, found at Winning Trial Advocacy Tips: Proven Courtroom Tips to Help You Persuade Jurors and Win Trials...
New York?s ban on texting while driving is now in effect!
Posted on November 02, 2009Well, its now official. New York’s ban on texting while driving went into effect on November 1, 2009. You can be sure that law enforcement officers all over the state will be aggressively enforcing the law to let drivers know they are taking it seriously...
New York Workers? Comp Attorney Issues Challenge
Posted on October 30, 2009For the next 30 days, in the spirit of Trick or Treat and good fun, the Ziff Law Firm will send a batteryless flashlight to any New York resident who can post as a comment to this blogpost, an original good reason why a represented Workers’ Compensation claimant should talk to any representative of the insurance company...
Facts Confirm New York Medical Malpractice Takes Heavy Toll
Posted on October 30, 2009The Institute of Medicine, a non-profit and non-partisan watchdog group, reports that 98,000 people die in the United States each year as a result of medical malpractice. That converts to an average of 268 people dying daily. Can you imagine the news coverage if, every single day, a preventable disaster – a plane crash, [...
NY Accident Lawyer Recommends Free Online Resource to ?Sketch? an Accident Scene
Posted on October 29, 2009Free is ALWAYS good in my book! There is a great new FREE resource available to all New York and Pennsylvania car accident victims. AccidentSketch is a online utility that anyone can use to graphically document a car accident. The service is free and doesn’t even require registration! Why Drawing an Accurate Accident Sketch is Important Insurance companies, [...
The Big Risk: Lack of Health Insurance Can Cause Financial Ruin FAST
Posted on October 22, 2009I recently received a question from a NY Injury Law Blog reader about a vital concern for many Americans: What are the consequences of ENORMOUS medical bills for families or individuals unable to afford health insurance? I believe the question, and my reply, will resonate with many readers – especially during this time of [...
Internet Service Brings Testimony From Half the World Away
Posted on October 20, 2009The New York Post recently reported on a technological innovation that could radically change trial cases in the future. In the story “Facts can’t es-Skype” (Julia Dahl, 9/25), the Post described how a Queens judge used the Internet service Skype to resolve a civil trial...
New York Makes Life Jackets Mandatory November through May
Posted on October 19, 2009Having handled too many tragic boating accident cases over the years, I am in favor of any new laws that contribute to better safety on the water. In September, New York became the first state with a comprehensive life jacket law that will save lives during some of the most dangerous months of [...
Rural Roads Pose Greatest Danger to Drivers
Posted on October 10, 2009Where do drivers ignore the speed limit? A clue – it’s not a superhighway, the Autobahn or a racetrack. It’s the same place drivers also ignore poor road conditions. But it’s not an off-roading park. The place where most of our nation’s traffic fatalities occur is a situation many Twin Tiers drivers see every day: a [...
Medical Malpractice Insurers Earn RECORD Profits While Patients and Doctors Pay Too Much
Posted on October 09, 2009There aren’t many – or any, I’d like to think – industries where you can get away with charging exorbitant fees for services you don’t intend to provide. That, however, is exactly the swindle the medical malpractice insurance industry has been pulling off for years...
Motorcycle Insurance Misconceptions Part 8 ? My Insurance Company Will Take Care Of Me!
Posted on October 02, 2009MOTORCYCLE INSURANCE MISCONCEPTIONS PART 8 – MY INSURANCE COMPANY WILL TAKE CARE OF ME! ?Don?t worry, be happy ? my insurance company will take care of me!? Perhaps the most dangerous misconception people have is about the insurance industry as a whole...
Don?t Let Facebook Torpedo Your Client?s Case!
Posted on October 01, 2009Social networking sites can sink cases, and attorneys MUST warn clients of the risk. Consider the numbers: Facebook has 120 million members. MySpace, 70.5 million. Twitter, 7 million. LinkedIn, 8.4 million members. Those figures will climb just during the time it takes to me to write this post...
Motorcycle Insurance Misconceptions Part 7 ? The Insurance for The Car That Hit Me Will Pay My Bills!
Posted on September 30, 2009MOTORCYCLE INSURANCE MISCONCEPTION PART 7 -THE INSURANCE FOR THE CAR THAT HIT ME WILL PAY MY BILLS! Another common misconception I hear is that if the biker is not at fault for the collision, the insurance for the car that is responsible will pay their damages...
Motorcycle Insurance Misconceptions Part 6 ? MY MOTORCYCLE INSURANCE WILL PAY MY BILLS!
Posted on September 29, 2009MOTORCYCLE INSURANCE MISCONCEPTIONS PART 6 – MY MOTORCYCLE INSURANCE WILL PAY MY BILLS! ?My motorcycle insurance covers my medical bills and lost wages just like my car insurance? Another common misconception people have is that their motorcycle coverage will cover their medical bills and lost wages just like their car insurance...
Motorcycle Insurance Misconceptions Part 5 ? My Homeowner?s Insurance Will Cover Me!
Posted on September 28, 2009MOTORCYCLE INSURANCE MISCONCEPTIONS PART 5 – MY HOMEOWNER’S INSURANCE WILL COVER ME! Another misconception I have heard over and over is that your home owner?s insurance will cover an accident on your motorcycle. THIS IS ABSOLUTELY FALSE!!! Your home owner?s insurance has an exclusion for accidents occurring in or on almost any vehicle required to be registered [...
Motorcycle Insurance Misconceptions Part 4 ? My Car Insurance Will Cover Me If I am Hurt On My Motorcycle!
Posted on September 24, 2009Motorcycle Insurance Misconceptions Part 4 – My Car Insurance Will Cover Me If I am Hurt On My Motorcycle! As previously mentioned, there are a lot of misconceptions about motorcycle insurance. I couldn?t begin to list of all of them, but I will discuss and dispel the most common and most dangerous one I hear [...
Motorcycle Insurance Fallacy No. 3 ? Your Insurance Agent Will Make Sure You Have The Right Coverage
Posted on September 23, 2009FALLACY #3 – Your Insurance Agent Will Make Sure You Have The Right Coverage The third reason people think they have the right kind and right amount of insurance is because their insurance company tells them they do. When a biker needs insurance for his or her motorcycle, they have two choices...
Motorcycle Insurance Fallacy No. 1 ? Bikers Already Think They HAVE the Right Insurance
Posted on September 21, 2009FALLACY #1 Bikers Think They Already HAVE The Right Insurance The problem isn?t that people don?t care enough to buy the right kind of insurance. And the problem certainly isn?t that people can?t afford the right kind of insurance, as will be discussed below...
Motorcycle Insurance Fallacy No. 2 ? Insurance Is Confusing
Posted on September 21, 2009FALLACY #2 – Motorcycle Insurance is Confusing – Get Your FREE Motorcycle Insurance Review! A second reason people sometimes believe they have the right insurance is because insurance is so darn confusing! I deal with insurance and insurance companies every day...
What You Don?t Know Can Hurt You: 8-Part Blog Series to Reveal Misconceptions about Motorcycle Insurance
Posted on September 16, 2009In my practice, I’ve represented many victims of motorcycle accidents. Time and time again, I have heard my clients voice the same lamentable, mistaken beliefs about their insurance coverage. You expect your insurance to cover you. That?s why you have it, right? Unfortunately, I have been in the position of explaining to people that [...
Strong Family Advocate Saves Life, But Kills Malpractice Case
Posted on September 15, 2009I recently received a letter seeking my professional opinion on the merit of a malpractice case against a local hospital, the Corning Hospital, in Corning, NY. Without intruding on the privacy of the letter writer, I do want to share some of the details and my reply, because I believe the reasoning behind my answer has [...
Deadly Mix: Alcohol and Young Driver Cause Steuben County Car Crash
Posted on September 08, 2009A volatile and deadly combination kills and maims far too many young adults. The mix? A young, intoxicated driver and a car full of young passengers. It is pretty much a recipe for tragedy. WETM-TV recently ran the story “Drunken Crash Injures Two” (Honda, 9/6)...
Guest Post From the ?Dark Side?: Why You Need To Insure Your Boat!
Posted on September 03, 2009From time to time, I ask other folks who work in the ?injury? world ? doctors, lawyers, physical therapists, insurance agents, etc. ? to guest post on the NY Injury Law Blog. Below is a guest post from Stephen Nagle, a local Allstate agent who has been selling insurance for 20+ years in the Elmira, [...
Graphic Video Meant to Curb Texting While Driving
Posted on September 03, 2009Here’s a natural follow up to our recent post regarding New York’s new law banning texting while driving. While the $150 fine isn’t a huge deterrent to drivers engaging in the dangerous practice of texting while driving, hopefully the gory video below will make people think twice about risking it……...
We Know Texting is Dangerous; New York Finally Makes it Illegal
Posted on September 02, 2009New York Gov. David Paterson recently signed off on legislation banning texting or the use of a keypad on any electronic device while driving. The ban starts November 1. Research, informed communities and an unfortunate number of accidents, particularly involving teenagers, have led to this important law...
Social Security to Test Use of Microsoft?s HealthVault in Disability Process
Posted on August 27, 2009The Social Security Administration released a press release today saying that they’re testing Microsoft’s HealthVault in the disability process. HealthVault is a free online service that enables people to gather, store and manage their families? health information and share that information with their health-care providers...
Alcohol Plus Motorcycles: A Deadly Combination.
Posted on August 26, 2009Many thanks to Attorney Jim Carroll of Athen, PA, a good friend and confidante of the Ziff Law Firm, for bringing to everyone’s attention a sad, sad situation which occurred in Nicholson Township, Wyoming County, Pennsylvania on Monday, August 24, 2009...
NY Accident Lawyer Answers Key Question: How Long Will My Case Take?
Posted on August 26, 2009One of the most common questions I am asked by my clients is: HOW LONG WILL MY CASE TAKE? That is always a tough question to answer as every case is totally different. I have had many cases settle within a few months and I had one medical malpractice case take almost 7 full [...
Online Comment Fingers Wrong Teen for YMCA Crime
Posted on August 25, 2009An unfortunate local story points out a big problem with newspapers’ transformation into online information centers with 24/7 commentary from anyone with free time. Journalists are compelled by the law, ethics – and job security- to supply correct information to the public – and their names are on the stories they write...
Flustered Cop Turns Taser on Syracuse Mom
Posted on August 24, 2009You are not going to believe this video! I was alerted to it by a post on attorney Eric Turkewitz’s blog. Eric practices personal injury law in New York City, but “Minivan Mom Tasered in Syracuse” hits close to home here. Apparently Syracuse mom Audra Harmon, a school bus driver and mother of three, was pulled [...
Ithaca Car-Bike Collision Puts Bicyclist in Hospital
Posted on August 21, 2009Saving the environment shouldn’t be so risky. The Binghamton Press & Sun Bulletin reported Wednesday that a car struck a bicyclist in Ithaca – with serious consequences for the bicyclist. The collision happened at about 6 a.m. at the intersection of North Fulton and West Buffalo streets...
Can I Sue My Kid for Crashing My Car Into My Garage?
Posted on August 21, 2009For all of us who have teenage drivers in the house, I just read a great post by NY Insurance coverage expert Roy Mura entitled: Suing the Kid for Crashing the Car Into the Garage. I strongly urge you to read Roy?s full post but the highlights are below: Roy was asked: Can an unemancipated child [...
The 7 No-Argument Rules for Riding ATVs
Posted on August 19, 2009Google News Alerts sent a really disturbing news item my way recently. CBS News reported that the Yamaha Rhino all-terrain-vehicle is cause of a “legal firestorm.” According to the Consumer Product Safety Commission, 59 people have died because of accidents on these ATVs...
Finger Lakes Tops List of ?World?s Best Lakeside Retreats?
Posted on August 17, 2009It almost doesn’t seem fair to the competition - here in the Finger Lakes area, we have 11 pristine bodies of water surrounded by quaint communities, wineries, museums and fantastic restaurants. No wonder The Weather Channel recently named the Finger Lakes region the No...
Newspaper Investigation Exposes Extent of Medical Mistakes
Posted on August 14, 2009I subscribe to the American Association for Justice News Brief, a daily e-summary of news on issues of interest to trial lawyers. A recent edition contained a summary of a Hearst Newspapers investigation that made some shocking (or not so shocking, if you have been reading the NY Injury Law Blog) revelations about medical errors and cover-ups in the United States...
Watkins Glen makes ?Best Lake Towns? List
Posted on August 07, 2009Seneca Lake Station in Watkins Glen Yahoo Travel just released a list of the “Best Summer Lake Towns” in the country - and one of the best is practically in our backyard. Watkins Glen, on Seneca Lake, made the No. 2 spot on this national list! Reasons Watkins Glen made the list: Wine - The Seneca Lake Wine Trail has more than 36 wineries and Finger Lakes Distilling...
Schuyler County Sees 3 Injured in Car vs. Motorcycle Crash
Posted on August 06, 2009WETM-TV has reported that three people were hospitalized following a motorcycle vs. car collision in Odessa. The news story, “Car vs. Motorcycle Crash Injures Three” explained that an accident happened Wednesday about 9 p.m. at the intersection of State Route 224 and Speedway in the Schuyler County village of Odessa...
Sad But True: Hospitals Hide Medical Mistakes
Posted on July 30, 2009Before you get too deep into reading the scary truth about hospital cover-ups of medical mistakes in New York City , I want you to know this isn’t something that just happens in other places. I have been practicing personal injury and malpractice law in Elmira for more than 20 years...
New Government Resource For Disabled
Posted on July 27, 2009Disability.gov was launched today to coincide with the 19th anniversary of the Americans with Disabilities Act. Disability.gov is operated by the Department of Labor and incorporates information from 22 federal agencies. Disability.gov has social media tools to encourage interaction and feedback, and new ways to organize, share and receive information...
New Law Adds Bite to Nursing Home Neglect Lawsuits
Posted on July 21, 2009Nursing home neglect is a devastating crime, for both the elderly victims and the family members who feel terrible guilt because their loved ones were mistreated in a place that should have given them loving care. Over the years the Ziff Law Firm has handled a number of very sad cases where nursing home residents were either neglected or even actually abused by nursing home staff...
Medical Liability System Needs a Dose of the Truth
Posted on July 17, 2009Tom Baker has it right. He’s the author of “The Medical Malpractice Myth,” a professor at the University of Pennsylvania Law School and a recent contributor to the New York Times Op-Ed page. I just read his column, “Liability = Responsibility” (July 11, 2009) and I completely agree with his argument that we need a medical liability system that is based on evidence...
Research: Medical Malpractice Payouts NOT on the Rise
Posted on July 16, 2009Two new independent studies point out the truth that doctors and health care lobbyists are careful to ignore in their rhetoric about malpractice lawsuits: Settlement values are DECREASING, NOT increasing, in medical malpractice cases. The New York Public Interest Research Group recently found that “the amount of money paid for malpractice claims in New York has actually fallen in recent years, and that the number of overall claims has remained ‘remarkably stable...
Schuyler County DA Makes a Strong Appeal to Parents to Curb Underage Drinking
Posted on July 10, 2009“None of us want to see a celebration marred by the death of a student or someone else caused by the consumption of alcohol by a minor.” That, in a nutshell, is the message of a recent letter (open a PDF copy here, Schuyler County Graduation Letter) sent by Schuyler County District Attorney Joseph G...
Stay Awake and Drive Safe
Posted on July 08, 2009Late last month, WETM-TV reported on a car crash that injured three people in Chemung County (Driver Falls Asleep: 3 Car Crash, 5/24/09). New York State Police said that the driver fell asleep at the wheel. It’s seems simple, just reading about it: if you are drowsy, pull over and take a nap before you kill someone (or yourself!)...
Asleep at the Wheel, Deputy Causes Deaths of California Bicyclists
Posted on July 08, 2009Just yesterday, I published a post about drivers falling asleep at the wheel and causing bad car accidents. Just today I read about a tragic wrongful death case where a Deputy Sheriff fell asleep at the wheel and crashed into a group of bicyclists…...
Medical & Travel Expense Reimbursement Revisited
Posted on July 04, 2009Robert William Service said “be master of your petty annoyances and conserve your energies for the big, worthwhile things. It isn’t the mountain ahead that wears you out - it’s the grain of sand in your shoe.” Truer words were never spoken...
Ziff Personal Injury Attorneys Named ?Super Lawyers? Again
Posted on July 02, 2009Carl Hayden and I were once again named to the annual list of Super Lawyers by Super Lawyers magazine! This is a distinction I’m very proud to announce. Super Lawyers recognizes what they describe as “exceptional attorneys” all over the country, in more than 70 types of practice...
When Facebook Isn?t a ?Friend? to Your Personal Injury Case
Posted on July 01, 2009You’re being watched. At least, you are if you have a Facebook account - as only a bazillion or so people do. And I don’t just mean watched by your Facebook “friends.” You could also be offering your life and habits up to people who don’t have your best interests at heart...
Online Course Can Cut Your Auto Insurance Cost
Posted on June 19, 2009Like saving money? Who doesn’t! (Especially in this economic climate!) I just received a compelling money-saving tip from my good friend Peter Wallin, of Wallin Insurance in Elmira. Peter’s most recent edition of the Wallin Insurance Newsletter included a tip about the New York state Defensive Driving Class - a class that can save you 10% on your auto insurance...
Chemung County Police Cars Get Connected: Area Police to Use Wireless Broadband
Posted on June 11, 2009I just heard about another way technology is making the Twin Tiers a safer place to live. WETM-TV reported on a new feature for Chemung County patrol cars: Internet access. Thanks to a $225,ooo state grant from the Department of Homeland Security, the Chemung County Sheriff’s Department was able to purchase 22 Verizon Wireless network cards...
Social Security Disability: Just Apply
Posted on May 27, 2009Image via Wikipedia It was about a week before Jack Schamel retired that I last wrote a blog post. Since that time I’ve had about all I can do to keep up with hearings, client meetings, phone calls and everything else. I’ve missed writing the occasional blog because I find it satisfying to know that some of the folks reading my blogs are actually helped by them...
?Hard Work and Perseverance? Sustain ZiffLaw Scholarship Winner
Posted on May 21, 2009It is very inspiring to come across a young person who has the insight and fortitude to realize that adversity can become a source of strength. To be able to help such a student achieve their dreams is incredibly rewarding. I’m very proud to announce that Pamela Miller, a senior at Southside High School in Elmira, is a winner of the ZiffLaw Overcoming Adversity Scholarship...
Edison High School Student Awarded ZiffLaw Scholarship
Posted on May 20, 2009Alison Bixby is an exceptional student. A senior at Thomas Edison High School in Elmira, she is the salutatorian of her class and senior class president. She is a member of the cheerleading team, a Junior Rotarian, and a past president and secretary of her class...
Insurance We Truly Need: Proposed Law Would Make Changes to Protect New York?s Motorists
Posted on May 19, 2009I recently met with Assemblywoman Donna A. Lupardo (D-Endwell) on behalf of the New York State Trial Lawyers. It was wonderful to meet with Assemblywoman Lupardo, in part because we got to discuss briefly an issue that is EXTREMELY IMPORTANT to all New York State drivers...
Traffic Safety is a Go at Corning West High School Intersection
Posted on April 28, 2009WETM-TV recently reported that a much-needed traffic light will be added to a risky intersection in our area. (A copy of the story is pasted below.) Local officials and the New York State Department of Transportation constantly evaluate ever-changing road conditions and make changes and improvements...
For Kids? Sake, Stop for School Buses
Posted on April 27, 2009There’s a crime that happens 50,00o a day in New York State. It occurs just because drivers aren’t paying attention, or they are in a hurry and think they can get away with it. The crime is passing a stopped school bus. This is important...
Catch Me on TV: Elmira Attorney Talks Bicycle Safety for Chemung Valley Health Watch
Posted on April 16, 2009Chemung County Sheriff Chris Moss and I recently taped a public service TV program about bicycle safety for Chemung Valley Health Watch. The video is airing three times a week during April on Time Warner Cable Channel 1: 7:30 p.m. Mondays 7:30 p...
Accident Attorney Warns: Bad Economy Means Millions Lack Auto Insurance
Posted on April 14, 2009One in six drivers won't have insurance. Every day it seems that there are crazy new consequences of the recession. Boaters are sinking their own boats to avoid paying slip and maintenance fees. People are letting their horses go free to avoid paying boarding and feed costs...
This Doctor Wouldn?t Help Hospital Hide Cause of Woman?s Death
Posted on April 13, 2009Trust. Have you ever thought about how much we rely on trust every day, in the simplest of contexts? You trust that other drivers are going to stop at red lights. You trust that your money will be exchanged for the coffee or newspaper you want to buy...
Why We Do Not Write ?Lawyer Letters?
Posted on April 02, 2009From time to time, I receive requests to write a “lawyer letter.” What is a “lawyer letter”- and why do I have to refuse to write one? Let me explain: Many people contact us and say that they ”know” that their legal issue could be resolved, “if I just had a lawyer write a letter to the other side...
Sleepy Surgeon Put Patients at Risk
Posted on April 02, 2009There’s a lot that can naturally go wrong during even the most routine surgery. But one risk that probably never crossed even the most worry-prone mind is what if your doctor fell asleep while operating! Doctors deserve a great deal of respect for the responsibilities they shoulder, including long hours...
Safety on the Road: Program Educates Teens About Driving
Posted on April 01, 2009WETM-TV recently reported on a Pennsylvania program that educates teens about their most dangerous activity: DRIVING. Vehicle crashes are the No. 1 killer of teenagers. “Survival 101″ is a program offered by the Pennsylvania Department of Transportation to educate young people about the risks of the road...
Nice to Meet You, One Trillion Dollars
Posted on March 31, 2009I’d like to introduce you to someone we’ve all been hearing about lately - and that we are all going to get to know in some form or other (as a boon or a debt): a TRILLION dollars. It’s the scale of money, big, big money that is being distributed in the stimulus and bailout packages by the U...
Play it Smart: Why Hiring a Lawyer for Your Accident Case Saves You Money
Posted on March 30, 2009Insurance companies have a ploy they use to cut costs. They offer a small amount of money right away, hoping accident victims will sign away their rights to sue. NEVER take an insurance check without first consulting an attorney. You need to make an informed decision about what is in your best interest...
What You Need to Know About IME, the Insurance Company ?Exam?
Posted on March 27, 2009I want to share some vital information about an important part of any personal injury, car accident or workers’ compensation case: your Independent Medical Examination, or IME, with the insurance company’s doctor. Let’s face it, the insurance company is sending you to a doctor with the hope that they may show you are NOT as disabled as your doctor says...
Put This Injury Law Blog to Work for You
Posted on March 26, 2009How often you you get to put attorneys to work for you - for FREE? Here’s a golden opportunity to tap into the legal expertise of the attorneys at the Ziff Law Firm. We created this blog and the ZiffLaw website to share information with current and potential clients...
Drugs, Alcohol and Poor Judgement Cause Twin Tiers Accidents
Posted on March 25, 2009It’s a comedy of errors that just isn’t funny. Make that a tragedy of errors. WETM-TV (see story below) reported that a Steuben County man suffered critical injuries Saturday evening after falling off the back of a moving truck. The accident victim is in his 20s...
Insurance Adjuster?s BS: Excuses and Outright Lies for NOT Settling Your Claim
Posted on March 24, 2009Let me share one cold, hard fact with you. Insurance companies are more interested in making profits than in assisting their customers. You’re nodding in agreement, I bet. But do you truly realize what that means? Some common standards of business ethics go by the wayside when it comes to insurance companies and claims...
Bicycle Accident Lawyer and Bike Nut Offers 3 Tips for Safer Riding
Posted on March 19, 2009The New York State Governor’s Traffic Safety Committee makes a great point about bicycles on their website, SafeNY.com - because most people receive bikes as kids, there is an ongoing perception that bicycles are toys. When you ride a bike on the road, however, it’s not a plaything...
Experienced Personal Injury Lawyers Make Costs Clear to Clients
Posted on March 18, 2009Can a client get “fired” by his lawyer? Aren’t lawyers always looking for new clients - and wouldn’t they want to keep clients they were already working for - not give them the axe? The short answer is YES, attorneys want and need clients...
Guide Shows How To Survive Falling Through Ice
Posted on March 17, 2009We just came out of one cold, bitter winter. There were times it felt as if spring would never get here. But now that there’s more sun, more warmth and even small signs of green, there have been news stories about some who maybe weren’t ready to let go of cold-weather fun...
Community Can Fight Crime, Too: Elmira Police Open Log Books Online
Posted on March 16, 2009The Elmira Police Department has a great new feature on their website that could make a big difference in how the public interacts with and perceives the department. “Daily Activity Logs” allow anyone with Internet access to look at the last two weeks of Elmira Police Department incident records...
Study Finds Ways to Make Chemung County Route 64 Safer Place to Drive
Posted on March 15, 2009As a NY personal injury attorney, I am constantly helping families sort through the aftermath of auto accidents and vehicle collisions. It’s even more difficult to accept the consequences of a crash in New York when a big factor in the accident could be the everyday driving conditions at the accident site...
Get the Facts: Be a Good Reporter After a Car Accident
Posted on March 13, 2009An auto accident can happen at any time, to anyone. As a personal injury attorney handling car accident cases in New York and Pennsylvania, believe me I know the devastation that can quickly happen on the road. If you are involved in a car crash that causes personal injuries or serious property damage, there are many complicated [...
?Steven?s Law? Could Make Silence a Crime for Passengers in Personal Injury Accidents
Posted on March 12, 2009Our laws go hand-in-hand with common standards of human decency. Sometimes, however, there isn’t a law to punish behavior that is dishonorable. That’s when responsible lawmakers step up and make changes to the law. New York State Assemblyman Tom O’Mara has sponsored “Steven’s Law,” an amendment to NY’s Vehicle and Traffic law, inspired by a tragic [...
Six Mistakes That Could Ruin Your Accident Case
Posted on March 06, 2009Even a minor auto accident can be overwhelming. You have to think clearly and act correctly in the aftermath, even though you are shaken up and/or injured to a degree you might not realize until much later. Of course, there are some actions that you MUST take: You have to stay on the scene and cooperate with police, for example...
Tough Insurance Lesson Learned From Local Restaurant Fire
Posted on February 25, 2009It’s been big news in the Twin Tiers: landmark Corning eatery Sorge’s suffered a devastating fire in December. There are plans to rebuild, but issues have come up in the aftermath of the fire that are important lessons to everyone who depends on insurance to come to the rescue after an accident...
Accident Advice Part Two: Can I Sue My Spouse Who Was Driving?
Posted on February 24, 2009In another blog post, about a possible airbag lawsuit, I began addressing some questions from a mother who had a single-car accident with her husband and child as passengers. Since no other vehicles were involved, one question this family had was: “Could the husband sue the wife and her insurance company because she was driving?” Let [...
Accident Advice, Part One: My Airbags Didn?t Work - Do I Have a Case?
Posted on February 23, 2009Imagine you’re driving on a winter morning. Your spouse and your toddler are in the car, one on the way to work with you, the other destined for day care. The roads are icy - suddenly you lose control of the vehicle. It veers off the road and strikes a tree head-on...
Taxes and Your Personal Injury Settlement - What You Need to Know
Posted on February 20, 2009In New York and Pennsylvania, you generally do not have to pay taxes on a personal injury settlement. Compensation for your injuries and pain and suffering is tax free. There are a few exceptions (aren't there always?!), however.
Eight Powerful Reasons to Hire a Local Attorney
Posted on February 19, 2009People often ask me, “Should I hire a local attorney?” There’s a temptation to hire an attorney based on advertising, even though that lawyer may be in a distant city. My response is that I am strongly of the opinion that hiring a local attorney is almost always better - IF there is a good local [...
Legal Malpractice: When Lawyers Sue Lawyers
Posted on February 18, 2009Suppose, for a moment, that you hire a lawyer to represent you in a personal injury case. You received multiple fractures when a tractor trailer came across the center line into your lane of travel. The lawyer tells you he is confident he can generate a large settlement, but that it may take some time [...
Schuyler County Bans Dangerous Texting While Driving
Posted on February 17, 2009OMG, is it really worth risking your life to send a text message? Apparently, to some drivers it is. Texting while driving is believed to be a factor in - or even the sole cause of - a growing number of car accidents. It’s common sense that you shouldn’ t be typing and driving at the same [...
NY Injury Lawyer Announces Peanut Company Responsible for Salmonella Outbreak Declares Bankruptcy!
Posted on February 16, 2009Peanut Corporation of America (PCA), the company responsible for the nationwide salmonella scare involving peanut products, has filed for Chapter 7 bankruptcy protection. The bankruptcy filing comes as no surprise. The hundreds of people sickened by Salmonella will result in millions of dollars in claims against the company...
Too Many Drivers Light on Insurance Coverage, Elmira Accident Attorney Warns
Posted on February 14, 2009The truth is you can't entirely protect yourself from a car accident - short of becoming a hermit on a deserted island - because you can't control all the factors of the environment. There are two things you can do, however: Drive responsibly, and have the best insurance options in case fate takes a hand.
Flee an Accident? Hit and Run Drivers Face Serious Penalties
Posted on February 13, 2009A pick-up truck was totalled and a man injured in a recent car accident on Maple Avenue in Elmira. The Star-Gazette reported (see story below) that police are looking for an SUV that contributed to the accident but fled the scene. It’s a terrible shame that some drivers seem to believe that they can vanish after [...
Elmira Injury Attorney Warns Second Peanut Plant Tests Positive For Salmonella!
Posted on February 11, 2009A second peanut processing plant run by Peanut Corporation of America (PCA) has been shut down after Texas authorities discovered Salmonella in peanut products processed there. Meanwhile, Stewart Parnell, president of Peanut Corporation of America, was subpoenaed to appear before Congress and testify concerning the involvement of his family owned business in this nation-wide Salmonella [...
Get Paid Fast! Accident Victims? Right to Prompt Payment of Insurance Claims
Posted on February 11, 2009If you have been injured in an auto accident, a big question on your mind may be how quickly you will receive benefits for your claims from no-fault insurance. Few Americans have the wherewithal to carry a debt of medical costs. How long will it take to receive benefits under no-fault insurance? You will have your payment [...
Beware the ?Good Cop? Insurance Adjuster, Elmira Attorney Warns
Posted on February 10, 2009It’s a cliché in crime movies: the Good Cop that acts like a best friend vs. the Bad Cop, who is mean and puts pressure on suspects. The thing is, taken together, these two extremes add up to a Smart Cop Team, because they use psychology to get cases wrapped up...
New York Personal Injury Lawyer Explains Deadly Deadlines in Filing N.Y. No-Fault Claims
Posted on February 06, 2009If you have been hurt in a car accident in New York State, it's reasonable to expect you will be compensated by no-fault insurance. But there are steps you must take, and deadlines you can't miss, in order to receive compensation.
New York Injury Attorney: Northern Tier Crash Raises Question of Seatbelt Safety
Posted on February 04, 2009In the early morning of Sunday, Jan. 25, a one-car crash in Pennsylvania took the lives of two Drexel University students and injured four more. The cause of the crash is still under investigation. One fact that has been confirmed by authorities: The four students who survived were wearing their seatbelts...
Watch Out For What No-Fault Insurance Does NOT Cover, Elmira Attorney Advises
Posted on February 04, 2009You know those commercials for the Snuggie? The “blanket with sleeves” that covers you no matter what you’re doing? No-fault insurance may seem like a Snuggie - but you should know it doesn’t always have you covered. New York no-fault insurance provides a maximum of $50,000 to compensate people for medical expenses and lost wages arising from [...
New York Injury Lawyer Recommends Preventative Maintenance On Your Car This Winter
Posted on February 03, 2009Driving a car is a big responsibility at any time of the year, but in the winter your actions or failure to act could mean the difference between life and death for you and your passengers. A big part of remaining safe on the roads in the winter time is ensuring that your vehicle is [...
Elmira Attorney Explains: Nurse Consultants Make Medical Malpractice Cases Stronger
Posted on February 03, 2009When you are preparing a medical malpractice lawsuit, there's no substitute for the expert advice of legal nurse consultants. At the Ziff Law Firm, we routinely work with legal nurses. They help collect, organize, analyze and summarize medical records in our personal injury and medical malpractice cases...
Salmonella Outbreak May Have Hit Steuben County, NY Lawyer Reports
Posted on February 03, 2009A case of salmonella in Steuben County could be linked to the national outbreak caused by contaminated peanut butter. WETM recently reported (see story below) that the health department is investigating to confirm if the area case was caused by tainted products from the Peanut Corporation of America's plant in Blakely, Ga.
New York Injury Attorney Reveals Criminal Probe of Peanut Company Responsible For Salmonella Outbreak
Posted on February 02, 2009It was just revealed that federal investigators have opened a criminal probe into Peanut Corporation of America (PCA), the peanut processing company responsible for the nationwide Salmonella outbreak that has sickened at least 529 people and killed 8 more...
Elmira Car Accident Attorney Discovers History Lesson in Accident and Injury Lawsuits
Posted on January 29, 2009Frustration is nothing new in accident and injury lawsuits. All the parties have something to complain about: insurance companies don’t like to pay high settlements, the courts are backlogged, and personal injury victims may have to wait years for their cases to be resolved...
Elmira Accident Lawyer Explains Fault and Recovery in NY and PA Accident Cases
Posted on January 29, 2009If you are involved in a New York car accident or a Pennsylvania car accident, you may be entitled to a settlement even if you were partially at fault. Both New York and Pennsylvania have accident laws that allow you to recover even if a judge or jury concludes that you played a part in causing the accident.
New York Car Accident Lawyer Warns: Drivers Take Risks Along Route 14
Posted on January 28, 2009Drivers are heading for an accident driving too fast along a stretch of Route 14 in Schuyler County, NY. Neighbors and police say cars are ignoring speed limit signs in a zone that drops from 55 to 40 mph outside the village of Montour Falls.
Elmira Attorney Shares Advice on Accident Insurance New Yorkers Don?t Need
Posted on January 27, 2009You rent a car while on vacation. The rental agency asks the dreaded question: "Do you want to buy accident insurance? It's only $14.95 per day." Why New York residents may safely say "No" to additional accident insurance on rental cars. Well, here's your answer, right from your local insurance agent - NO! You do not need to buy the extra insurance.
New York Malpractice Lawyer Explains Simple Way to Make Surgery Safer
Posted on January 27, 2009Research has found that a simple checklist can reduce the dangers of surgery. New 19-item checklist keeps surgical teams focused and reduces chances of medical malpractice or post-surgery complications.
Don?t Rely on Carfax Accident Reports, Cautions Elmira Attorney
Posted on January 26, 2009Carfax is NOT totally reliable. Negative information about vehicle accidents and wrecks does turn up on Carfax reports, but, unfortunately, Carfax does not always receive all of the information available.
NY Injury Attorney Announces Source of Peanut Butter/Salmonella Infections!
Posted on January 23, 2009Image via Wikipedia For the last several weeks, local, state and federal health departments have been scrambling to find the source of a salmonella outbreak that has sickened more than 500 people across 43 states and caused the death of at least 6 people...
New York Workers? Comp Attorney Discusses Mileage Reimbursement
Posted on January 22, 2009Image by Getty Images via Daylife Mileage reimbursement may not seem like an exciting topic, but I’m here to tell you that this benefit can add up to real money that can make all the difference if you’re struggling to make ends meet on Comp...
Bad Car Accident on Rt. 14 in Schuyler County Near Montour Falls
Posted on January 13, 2009A WETM-TV story (pasted below) got me thinking about one of the most dangerous roads in the Twin Tiers area– Route 14. Over the years I have handled WAY too many Route 14 car crashes. In particular, the area South of Watkins Glen, NY between Montour Falls and Horseheads, NY is particularly hazardous...
New York Workers? Comp Attorney Says Two More Things About Labor Market Attachment
Posted on January 13, 2009Image via Wikipedia If you’re on Workers’ Comp, I hope you read my “Ten Compmandments” in my blog post “Elmira Workers’ Comp Attorney Discusses the Ten Commandments of Workers’ Comp.” A guy by the name of Lee emailed me a great question about labor market attachment based on that blog post...
Elmira Workers? Comp Attorney Discusses The Ten Commandments of Workers? Comp
Posted on January 08, 2009Image via Wikipedia I’m not Moses bringing down the Ten Commandments from Mount Sinai. Heck . . . I’m not even Charlton Heston as Moses. I am an attorney who currently represents about 700 Workers’ Compensation claimants. You can think of my Ten Workers’ Compensation Commandments as the “Ten Compmandments” and they are among the habits of folks whose [...
Innovation: Taking Baby Steps to Achieve Big Results!
Posted on January 04, 2009It’s that time of year when many of us are setting goals and making plans for what we hope will be a successful and prosperous 2009. It’s very tempting to set goals that are so lofty that you just know you will never achieve them. I suggest that rather than create a master plan that [...
How Long Do Social Security Disability Benefits Last?
Posted on December 28, 2008Image via Wikipedia Dallas, Texas Attorney Bob Kraft recently wrote an informative blog post explaining some critical information regarding continued eligibility for Social Security Disability benefits after you have been approved. The post is titled “How Long Do Social Security Disability Benefits Last?“ The test of the post is below...
New York Bike Accident Lawyer Applauds Indictment of Bicyclist-Tackling Cop!
Posted on December 21, 2008Some of you may recall the story from this past summer when a New York City police officer violently body-slammed a bicyclist who was riding in a large cycling event. Normally, no one would have believed that a police officer would just tackle a bike rider for no reason...
Your Worst Nightmare? The Uninsured Driver Who Hits You?.
Posted on December 18, 2008As my clients and regular readers know, I STRONGLY urge EVERY car owner to make sure that they have good uninsured and underinsured coverage on their car insurance policy. This coverage, often referred to as UM or SUM coverage, protects YOU if you have the incredibly bad luck to be hit by another driver who [...
NY Attorney Feels Your Pain?
Posted on December 17, 2008Oh, the irony. Last Friday I wrote a blog post warning drivers in upstate New York to use extra caution when driving because the Southern Tier was experiencing its first major snow storm of the season. In fact, a review of the New York Injury Blog over the past several weeks reveals several posts by multiple authors [...
Elmira Social Security Disability Attorney Recommends Social Security Podcast on When to Start Receiving Retirement Benefits
Posted on December 15, 2008Image via Wikipedia While this post has little to do with my practice in Social Security Disability, when I run across something helpful I feel compelled to pass it along. The Social Security Administration is now posting podcasts and their first is titled “Deciding When to Start Receiving Retirement Benefits...
KOOBFACE STRIKES LAWYER IN ELMIRA, NEW YORK
Posted on December 12, 2008Ouch. Koobface hurts. Last week my computer was infected by what is fast becoming one of the most notorious monsters in cyberworld. Koobface, a software virus referred to as a worm, spreads through Facebook, a very popular social networking site with over 120 million subscribers...
Upstate New York Attorney Urges Extra Driver Safety
Posted on December 12, 2008Christina Bruner Sonsire of the Ziff Law FIrm describes ways drivers in Upstate New York can protect themselves in winter.
New York Social Security Disability Attorney Explains BEST
Posted on December 09, 2008Image via Wikipedia And by the title, I don’t mean that I explain best. I can only try to do that. What I want to explain is that the Social Security Administration offers an online Benefit Eligibility Screening Tool (BEST) that allows you to find out what benefits for which you may be eligible...
Tis? the Season to be Jolly (and safe) in Upstate New York
Posted on December 05, 2008The headline from the news story on WETM (in Chemung County, New York) featured below says it all. “Alcohol involved in Big Flats Crash.” The season of festivities, gatherings and plenty of libations is upon us, and with it comes the responsibility of making sure we keep ourselves — and everyone else on the roads [...
NEW YORK ACCIDENT AND MALPRACTICE ATTORNEY WARNS: DON?T BE FOOLED
Posted on December 05, 2008It is the little dark secret that peeks inside the courtroom through stoic-looking windows or the elephant in the room that no one is allowed to speak of, or reference, or even whisper in the presence of the jury. It’s taboo, prohibited, proscribed, the poster child of Orwellian Newspeak for modern day litigation...
New York Workers? Comp and Social Security Disability Lawyer Begs for HELP!
Posted on November 24, 2008For some time we’ve been kicking around the idea of creating a guide to communication for our clients. We’ve got something, but I’d like to know if it can be improved. Who better to ask than our clients or potential clients. Please read our draft guide to communication below and let me know [...
Winter Driving Tips from the New York Accident Lawyer
Posted on November 19, 2008What Happens When You Don’t Drive Safely in the Snow!! The headlines this morning said it all: Buffalo Car Accident Kills Two Snow Causes Two Car Crash in Elmira Corning Highway Accident Due to Snow In my area of Upstate New York, the first snow falls of the year provoke lots of car crashes and auto accidents...
Elmira Workers? Compensation Lawyer Explains Settling Workers? Compensation Cases
Posted on November 17, 2008I am frequently asked about settling of Workers’ Comp cases. The question of whether or not to settle your Workers’ Comp case is an individual choice that involves a lot of factors. However, I’ll address a couple of important points that touch on the concerns I see raised by folks on our blog and in [...
Hunting Safety Tips from the Lawyer Who Will Sue You If You Aren?t Safe!
Posted on November 14, 2008OK, sorry for the provocative headline but I wanted to make sure I got your attention….. “Let’s be CAREFUL Out There”….. That’s Sergeant Phil Esterhaus’ famous line from Hill Street Blues he used every day before sending his police officers out on the street to fight crime...
Great Website to Make Your Life a Little Easier?.
Posted on November 13, 2008OK, this is a tip for the people who do the REAL WORK in the law office– the secretaries and paralegals who toil in the background to make sure our cases keep moving forward– the unsung heroes in every law firm. One of the things that drives everyone nuts is trying to schedule depositions in multi-party [...
NY Accident Lawyer Explains Legal Liability in One-Car Accidents
Posted on November 11, 2008The one-car accident described below got me thinking about a question I am often asked: If I am riding in a car driven by one of my friends and he does something dumb (speeding, driving drunk, driving too fast for conditions) that causes me to get injured, can I bring a claim against my friend? The short [...
New York Accident Lawyer Applauds a Defensive Driving Course for Teens in Watkins Glen, NY
Posted on November 10, 2008Having witnessed the tragic consequences of teen drivers too many times, I was overjoyed to read about a defensive driving course being offered at the Watkins Glen International Racetrack in Watkins Glen, NY. The full story is pasted below but essentially it describes a course offered to local teens who learn the practical skills of [...
New York Car Accident Lawyer Warns About Deer Accidents
Posted on November 09, 2008‘Tis that time of year again. The cool crisp air, the leaves blowing in the wind, the early setting sun…. Autumn is almost over and Winter is on it’s way. This time of year brings two significant events both of which greatly increase your chances of a car collision with a deer– it’s deer mating [...
A Moment to Reflect
Posted on November 06, 2008Regardless of your political views, your partisanship, your religion or your race, it seems we can all agree something quite historic happened on NOvember 4, 2008. In a country recently known for its voter apathy and discontent with governmental officials, people came out in droves to be sure their voices were heard at a time when none [...
NY Accident Lawyer recommends CiteGenie? A GREAT, free, Firefox Add-on
Posted on October 31, 2008For our lawyer readers of this blog, a recommendation for a VERY useful tool– CiteGenie. For those of you who are using FireFox as your browser, I recently discovered an awesome free Add-On called CiteGenie. It lets you cut and paste from Westlaw directly in to a Word document and it automatically pulls over [...
Pennsylvania Accident Lawyer Explains That Many PA Car Insurance Policies Do NOT Provide Death Benefits
Posted on October 23, 2008Own a car in Pennsylvania? Pay a lot of money every year for insurance coverage? Think your auto insurance policy provides coverage for your funeral expenses should you be killed in an accident? Better think again….. WETM-TV covered a story (copied below) that is relevant to all of our friends in Pennsylvania– You REALLY need to [...
First Graders Attend Lesbian Wedding As A School Field Trip?
Posted on October 22, 2008As the parent of a first grader, this story grabbed my attention immediately. A class of first graders was taken on a school-sponsored, school-sanctioned, school-funded field trip to San Francisco City Hall to attend the wedding of their female teacher...
Ithaca?s Workers? Compensation Hearing Location To Close
Posted on October 16, 2008Ithaca’s Workers’ Compensation hearing location is slated to close January 15, 2009. The closing of hearing locations and the implementation of new forms and the so-called “rocket docket” create new hardships for claimants. The closing will leave claimants traveling to other locations for hearings...
New York?s DMV Driver?s Manual And Study Guide Now Available On Line
Posted on October 14, 2008Aaaahhh, Sweet 16! The age where extended bed times and more freedom are not just dreams but entitlements. Perhaps the greatest among them was that proud day that our parents drove us down to the DMV to sign up for our driver’s permit. What a fabulous piece of paper! We could almost smell the burning [...
Social Security Disability Radio Part II
Posted on October 09, 2008Part two of Atlanta, Georgia Attorney Jonathan Ginsberg’s interview of Colorado Springs, Colorado Attorney Tomasz Stasiuk, can be listened to at “Part Two of Jonathan’s Interview With Attorney Tomasz Stasiuk” on ssdRadio. If you missed the first part of the interview, please see my post “Social Security Disability Radio...
Does Ladies Night Violate The Constitution?
Posted on October 06, 2008You’ve all heard of Ladies Night, the practice whereby bars let women in for free and offer them reduced priced drinks in the hopes of luring in men in who are required to pay a cover charge and buy full price drinks. The practice stinks for poor college-aged guys, but the lure of women under [...
NY Workers? Comp and Labor Market Attachment Revisited
Posted on October 05, 2008If you’re a partially disabled Workers’ Compensation claimant, you have an obligation to make a good faith effort to look for work within your restrictions. The purpose of this post is to share some points of advise we give our clients. For background, see my post “NY Workers’ Comp and Labor Market Attachment...
A Tremendous Resource for Help in the Finger Lakes Area? the 2-1-1 Call Center
Posted on October 03, 2008During my many years as an injury lawyer in the Elmira, Corning, Ithaca area, I have long been frustrated by the fact that it’s very difficult for folks in need to know HOW and WHERE to get help. While our area of the Finger Lakes boast a number of local, state and federal programs to [...
Ziff Law Firm Attorney Jim Reed Selected For Inclusion In Super Lawyers 2008 Magazine!!!!
Posted on October 01, 2008James B. Reed, our managing partner, is way too humble to toot his own horn, and it will mortify him to read this post. Nevertheless, I thought our loyal readers would be interested to know that we have a star among us! Every year, an organization known as Super Lawyers selects attorneys from across the [...
NY Medical Malpractice Lawyer Explains Medicare ?Never Events?
Posted on October 01, 2008Looking over the list of events that should NEVER occur, I am not surprised to see many of the types of events for which I have handled medical malpractice cases over the last 20 years– – hospital falls because proper safety precautions were not taken, – pulmonary embolish after surgery, –surgical instruments left inside the patient, –nasty bed sores [...
Dresser Rand Factory Explosion, Painted Post, NY, Injures Two Workers
Posted on September 30, 2008WETM-TV posted an update (see below) on the explosion at the Dresser Rand plant in Painted Post that badly injured two local workers, Art Shurgars and Gerald Leach. We are relieved to hear that both workers seem to be medically stable. Both local and federal investigators are investigating the cause of this explosion but so [...
Steuben County Jury Rules City of Corning Not Responsible For Police Car Crash
Posted on September 27, 2008WETM-TV reported the story below about a recent trial verdict in Steuben County, Bath, NY. This is not a case handled by our firm and I am trying to contact the Corning attorney who represented the injured woman to see what happened in the case. Stay tuned for more info...
What Does AIG?s Downfall Mean For You?
Posted on September 16, 2008Image via Wikipedia The national press is abuzz with the news that insurance giant AIG may be headed toward bankruptcy as the fallout from the sub prime mortgage mess continues. Since AIG writes a LOT of insurance in NY, and we have several clients who were injured in car crashes by defendants insured [...
Turning Your New York Lemon into Lemonade! NY Lemon Law for New/Used Cars
Posted on September 16, 2008If you?ve ever bought a new car, you know what a rush it is. There?s the new car smell, the feeling of power as you hit the accelerator, and the peace of mind knowing that you?ll have a reliable ride for a long, long time. But what happens when that new car isn?t so [...
Tioga County, PA Fatal Car Crash Due to Alcohol Claims A Young Life
Posted on September 14, 2008Despite all the strides that have been made toward educating young drivers about the dangers of drinking and driving it seems that all too often we read news accounts of young passengers or drivers needlessly dying due to drunken driving. A very sad example of this continuing problem is the news that a sixteen [...
Social Security Disability Radio
Posted on September 10, 2008Image via Wikipedia Atlanta, Georgia Attorney Jonathan Ginsberg has a unique blog, ssdRadio, on which he posts podcasts on topics related to Social Security Disability. His blog is a terrific resource. Jonathan Ginsberg recently interviewed Colorado Springs, Colorado Attorney Tomasz Stasiuk, and posted the first half of that interview as “Interview With Attorney Tomasz [...
Fatal PA Bicycle Accident: Elderly Driver Claims She Never Saw the Bicyclist?.
Posted on September 03, 2008Image via Wikipedia As an avid cyclist, I just HATE stories like the one below as reported on the WETM-TV website. Here, the rider was doing exactly what he was supposed to be doing– riding on the side of the road and wearing his helmet– yet the driver claims to have not seen the bicyclist...
What Gives States The Right To Mandate Use Of Motorcycle Helmets?
Posted on September 03, 2008Image by photonburst via Flickr I have received several comments in response to my blog post, High Price of Gasoline Results in More Motorcycle Fatalities some off the blog and one on. As I was writing a response, I thought it may make a good stand alone article...
Social Security Disability And ?Date Last Insured?
Posted on September 01, 2008Image via Wikipedia If you’re applying for Social Security Disability an important date is your “date last insured.” As long as you are found to be disabled before your date last insured, you will receive Social Security Disability Benefits...
High Price of Gasoline Results In More Motorcycle Fatalities.
Posted on August 28, 2008Image via Wikipedia As the price of gasoline hovers around the $4/gallon mark, more and more people across the country are turning to motorcycles as a more economical means of travel. According to the US Department of Transportation, the number of registered motorcycles has increased from just less than 4 million nationwide to almost 7 [...
Doctors Now Use Intimidation Tactics to Prevent Injured Patients From Seeking Compensation
Posted on August 25, 2008Image via Wikipedia Medical Malpractice cases are hard enough. Between the fudging of charts (yes, it really does happen), the aggressive defense and the lobbying of government to severely limit a patient’s right to sue, it is already a stacked deck against plaintiffs...
ELMIRA HOUSING AUTHORITY CONTINUES TO REFUSE LEADING LEGIONNARIES? DISEASE EXPERT PERMISSION TO BE ONSITE
Posted on August 23, 2008The Elmira Housing Authority continues to refuse to allow a leading expert on Legionnaires’ disease onsite to assist in the investigation into the recent outbreak at Elmira’s Flannery Towers. The Ziff Law Firm has been retained by three families affected by the outbreak of Legionnaires’ disease at Elmira’s Flannery Towers...
Workers? Compensation Debit Card
Posted on August 22, 2008Image via Wikipedia JP Morgan recently announced that it is the first major financial institution to enable insurance companies to use prepaid debit cards to deliver workers compensation benefits to injured workers. The Chase Workers Compensation Card, issued by JP Morgan, provides insurance companies with an alternative method for paying injured workers and improves the benefits [...
ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES? DISEASE AT THE FLANNERY TOWERS
Posted on August 18, 2008According to the Elmira Star Gazette, health officials from Chemung County conferenced with New York State Health Department representatives this morning as they continue to test water at Elmira’s Edward Flannery Towers. In addition, Chemung County officials conformed two additional cases of Legionnaires’ disease, bringing the reported total number of cases to eight...
Legionnaires? Disease Lawyer in NY & PA: Outbreak in Elmira, NY
Posted on August 16, 2008Image from a Radio-Tech News Blogpost about a new Remote Legionella Control Monitoring System The attorneys at Ziff Law have been contacted by a number of people in the Chemung County, New York area who have contracted Legionnaires’ disease throughout the past several weeks...
Cipro Antibiotic Drug Injuries & Lawsuits: Revisited by NY Cipro Lawyer
Posted on August 15, 2008My recent post regarding injuries and lawsuits caused quinolone and fluoroquinolone antibiotics like Cipro, Levaquin and Floxin, provoked a number of great Comments and I thought it would be useful to offer some clarifying remarks regarding the injuries associated with these drugs...
The National Institute for Trial Advocacy ? a Worthwhile Investment
Posted on August 13, 2008Shortly after I joined Ziff Law, Jim Reed, the firm’s managing partner (and frequent poster on this blog,) told me to sign myself up for the two-week National Session on Building Trial Skills offered by the National Institute for Trial Advocacy (NITA)...
The Worst Insurance Companies in America Revealed!
Posted on August 13, 2008Image by Tbass Efendi via Flickr Let’s face it, Plaintiff’s attorney’s don’t much care for insurance companies. We fight with them all day, every day in order to try to get them to honor their responsibilities to our clients...
Possible Legionnaires? Disease Outbreak in Elmira
Posted on August 12, 2008The Elmira Star Gazette is reporting a possible outbreak of Legionnaires Disease at the Ed Flannery Towers senior housing complex in the City of Elmira. Legionnaires’ Disease is a type of pneumonia caused by Legionella, a bacterium found primarily in warm water environments...
Best Lawyers in Upstate NY ? Triathlon Bragging Rights
Posted on August 04, 2008For some strange reason, ESPN failed to provide prime time coverage of an epic sporting event…. Yesterday was the legal triathlon showdown between two Upstate NY law firms — the Ziff Law Firm from Elmira, NY versus their nemisis from the North, the Schlather, Geldenhuys, Stumbar & Salk firm from Ithaca, NY...
Social Security Launches New Retirement Estimator
Posted on August 04, 2008Image via Wikipedia Social Security recently announced its new ?Retirement Estimator? as a planning tool that allows you to get an immediate and personalized estimate of your potential Social Security retirement benefit. The Retirement Estimator is tied to your actual Social Security earnings record and allows you to compare different retirement options...
Cipro Lawsuit Lawyer in NY & PA? Tendon Rupture Cases
Posted on August 01, 2008Several people, knowing of my prior experience with other mass tort cases like asbestos and Vioxx, have called me recently to ask if my office is handling Cipro lawsuit cases in NY and PA? The answer is Yes, we are. For those of you who do not know what a “Cipro lawsuit” is, I will explain [...
NY Bicyclist Tackled by N.Y.C. Police Officer
Posted on July 29, 2008I hate to see anyone hurt. I really hate to see someone hurt intentionally. But I really, really hate to see someone who is supposed to protect the public, intentionally injure a person. So sad… Check out this YouTube Video (http://www.youtube...
NY LAW: Mandatory Swimming Pool Alarms
Posted on July 23, 2008Image via WikipediaIf you have installed or modified a swimming pool in NY since December, 2006, you should know that NY law REQUIRES you to install a swimming pool alarm. Although none of us likes to spend more money to buy safety devices, we just have to keep in mind that they save lives [...
Emergency Unemployment Compensation
Posted on July 23, 2008On July 2, 2008, Governor Paterson signed an agreement allowing New York State to participate in the federally-funded 13-week extension of unemployment insurance benefits. The first week for which extended benefit payments can be made is the week ending on Sunday, July 13, 2008...
?Insurance Rules?? What You Are Up Against When You Fight the Insurance Companies
Posted on July 21, 2008After 20+ years of battling insurance companies day in and day out, FINALLY a video that expresses my frustration: Thanks for watching and I hope this video made your day as much as it made mine! Now back to fighting with these %#@! insurance companies… Jim Reed Injury & Accident Lawyer jreed@zifflaw...
N.Y. Workers? Comp. And Third Party Lawsuits
Posted on July 20, 2008Image via Wikipedia Workers’ Compensation benefits are in most instances the injured worker’s exclusive remedy against the employer or a co-worker. However, if your injury was caused by the fault of a third party then you can sue the responsible party for the full measure of your damages including lost wages, reduction of earning capacity, pain [...
Sadly, More Bikes on the Road Equals More Bike Accidents
Posted on July 18, 2008Image via Wikipedia As an avid cyclist for many years, I know all too well the dangers of bicycle riding: dogs, bad pavement, motorists claiming they “didn’t see you”, bad weather, etc. But with the recent spike in gas prices, a lot of folks with very little bicycling experience are starting to hit the road and [...
N.Y. Hospitals Have Higher Infection Rates than National Average
Posted on July 17, 2008A recent report by the NY State Department of Health found that New York hospitals had a higher rate of infection in surgical intensive care units in 2007 than the rest of the nation. Compared to the national average of 2.7 infections per 1,000 days of central-line treatment, New York surgical intensive care units had [...
Safety Tip #1 ? Check your Tires
Posted on July 02, 2008?A stitch in time saves nine.? I never really understood this proverb when I was growing up, though I certainly heard my father use it on more than one occasion as he cautioned me to take my time before embarking on a new endeavor. As a personal injury attorney in the Elmira/Corning, New York area, [...
N.Y. Workers? Comp. and Labor Market Attachment
Posted on July 02, 2008Under New York Workers’ Comp. Law, a totally disabled claimant has no obligation to seek employment. However, a partially disabled claimant generally has an obligation to make a reasonable search for work of any kind within his or her work capacity...
District of Columbia, et. al. v. Heller: One for the Ages
Posted on June 27, 2008Calling all Constitutional Law Junkies: June 26, 2008 was a monumental day. It is not often (yet more frequent these days than is perhaps appropriate) that the U.S. Supreme Court authors a decision in which it offers — in nearly 150 pages of disparate, arguably subjective detail — overtly telepathic insight into the minds and [...
Bicycling Safety Tip #2? ALWAYS Carry ID Information
Posted on June 23, 2008As an injury attorney representing bicylists injured by cars and trucks, one of the most common things I hear from my clients is that they “never thought an an accident would happen to me”. Let’s face it, none of us expects that we are going to be mowed down by a car as we ride [...
Social Security Introduces New Home Page
Posted on June 17, 2008Image via Wikipedia Social Security Online, the official website of the U.S. Social Security Administration, got a makeover. The site definitely looks easier to use. It has always been a terrific source of information. Please visit Social Security Online and have a look for yourself...
In NY, Bicycles Have The Same Rights to the Road as Cars
Posted on June 14, 2008With soaring gas prices, more and more people are riding bikes to commute to work, to run errands, and for recreation. As a long-time, fanatical cyclist, it pleases me to see more folks enjoying cycling but I am concerned about what seems to be an increase in hostility toward bicyclists from the motoring public...
Thinking Of Hosting A Party For Your Graduate? Think Again!!!
Posted on June 13, 2008Image via Wikipedia It’s the time of year when your nearly grown son or daughter is graduating from high school, and you know what that means: Graduation Parties! Remembering all the fun you had back in the day, and wanting to be a “cool” parent, you may be considering throwing a [...
Your Workers? Comp. ?Independent Medical Exam?
Posted on June 12, 2008Image via Wikipedia As a New York Workers’ Comp. claimant you will very likely be subjected to an Independent Medical Exam (IME). Don’t let the name fool you! There’s nothing independent about these exams. IMEs are paid for by the insurance company and the insurance company isn’t interested in an unbiased opinion...
Debit Cards For Social Security Recipients
Posted on June 11, 2008Image via Wikipedia While Social Security recipients have the option to receive direct deposit of their benefit check directly to their bank account, many folks don’t have a bank account and have to go through the hassle of receiving paper checks and the expense of check cashing...
Protecting Your Family From Infection In A Hospital - A Guest Post By Dr. Julia Hallisy
Posted on June 10, 2008Image courtesy of Dr. Julia Hallisy One of my previous posts entitled “How To Keep Yourself Safe In A Hospital” provoked a great deal of response, both on and off this blog. I received a number of e-mails from individuals looking for more information...
Evil Scott?s Intervals for Tuesday, June 10th
Posted on June 06, 2008Here’s Scott’s plan: Hello, Our workout next week will be 400m intervals, which may sound scary but they are the bread and butter for many runners. The objective is to run at least 6 of these ? 8 to 10 is better, with a relatively short rest in between...
Lawyers Working to Protect YOUR Rights
Posted on May 29, 2008Image via Wikipedia Last week, Jim Reed and Christina Bruner Sonsire (yes, Christina got married this past weekend!) traveled to Albany to join almost 150 other members of the New York Trial Lawyer’s Association to meet with NY legislators to discuss important legislation...
Honesty
Posted on May 28, 2008Image via Wikipedia I always ask clients to tell the truth. However, preparing clients to be truthful often makes me uncomfortable because it’s not uncommon for a client to react as though I were accusing him or her of being less than honest. Please know that I believe that most folks strive to be truthful...
14 Common Financial Mistakes People Make
Posted on May 18, 2008Image via Wikipedia The other day I heard a Feed The Pig public service announcement (”PSA”) on how Americans are generally spending more than they’re making. In case you’re wondering, Feed the Pig is a component of the 360 Degrees of Financial Literacy campaign by the Advertising Counsel and the American Institute of Certified Public Accountants...
NY Bicycling Accident? Safety Tip #1? ALWAYS Wear a Helmet!
Posted on May 15, 2008Image via Wikipedia As my family and friends know, I am a fanatical bicyclist. I have always enjoyed riding my bike since I started racing as a teenager. I was away from the bike during college and law school but I later returned to the sport in my mid-30’s as a pressure-relief from my hectic work [...
Good News for Upstate NY and Elmira, NY
Posted on May 14, 2008Image via Wikipedia For those of us who live and work in Upstate NY, we know that more often than not, the news regarding Upstate is bad, rather than good. However, now and then there are some bright rays of sunshine. A recent national article from AOL discussed the decreasing property values nationwide and [...
Thinking About Working Under The Table? Think Again!
Posted on May 12, 2008Image via Wikipedia Too often we have folks come in who have had work injuries and their income was unreported. While these folks are still eligible for medical benefits under the Workers’ Comp. Law, they are not eligible for wage payments because they have no reported income...
?Frivolous Lawsuit? Commercials Distort The Truth
Posted on May 05, 2008Image via Wikipedia While getting the kids ready for school in the morning, I often have the TV on some news program to check the weather, school closings and local happenings before work. What I have been seeing lately is disturbing. Nearly every day, I see a commercial touting the need for tort reform to prevent [...
Dangerous Driving: NEVER Text While Driving!
Posted on May 03, 2008This advice seems like a no-brainer but a recent study discussed on Engadget (a super blog about all types of electronic gadgets!) scared the bejeezus out of me. This study (pasted below) found that 37% of Generation Y drivers, admitted that they text message while driving...
New Blog for PA Workers? Comp.
Posted on May 01, 2008While we regularly do Pennsylvania injury cases, PA Workers’ Comp. is something we don’t do here at the Ziff Law Firm. We generally refer PA Workers’ Comp. claimants to Athens, PA Attorney Jim Carroll. We’re happy to announce that Jim has just started the PA Work Injury Blog...
How to keep yourself safe in a hospital
Posted on May 01, 2008Image via Wikipedia We read study after study criticizing the the health care field for sickness, injuries and death occurring in hospitals. Perhaps the most dangerous risk you face in a hospital is contracting a post-surgical infection. Bacteria in the hospital setting is already mostly immune to the typical anti-biotics used to treat it, and it [...
Where does your attorney find his experts?
Posted on May 01, 2008Image via Wikipedia Expert Witnesses are a necessary part of the legal profession. In certain cases, such as medical malpractice, experts are an absolute necessity. In other cases they are sometimes a luxury. The use of experts by defense attorneys seems to be on the rise, and so Plaintiff’s attorneys feel pressured to [...
Injured At Work? Treat With Your Own Doctor!
Posted on April 28, 2008Under New York Workers’ Compensation Law you have the right to select any authorized physician for the treatment of your work related injury. Many companies, however, push their injured employees to treat with the company doctor. Many company doctors have cozy relationships with employers, which makes it difficult for the injured employee to get good care...
Social Security Disability: Getting Started
Posted on April 28, 2008Social Security pays disability benefits to people who have met the earnings requirement and who cannot work because they have a medical condition that is expected to last at least one year or result in death. On occasion we have folks who haven’t filed an application for benefits come to us for representation with regard [...
Fatal Mistakes Social Security Disability Clients Make
Posted on April 24, 2008Bob Kraft is a Dallas, Texas attorney practicing in the areas of Social Security Disability and personal injury. He wrote an excellent blog today titled “Fatal Mistakes Social Security Disability Clients Make.” The text of which is pasted below...
Salmonella in Breakfast Cereal Poisons at least 23
Posted on April 14, 2008Image via Wikipedia We expect our food to be safe. Every day, people all across the country purchase food from around the world believing it IS safe. Federal, state and local agencies from the Food and Drug Administration to the United States Department of Agriculture to our local health departments are supposed to ensure [...
FREE ELMIRA JACKALS HOCKEY TICKETS!!!
Posted on April 11, 2008Image via Wikipedia Everyone at the Ziff Law Firm is excited about the Elmira Jackals upcoming playoff series against the Reading Royals! After a great season, Elmira finally gets to experience playoff hockey again. For those of you who have never experienced a playoff atmosphere at First Arena, or for those who may have forgotten what [...
N.Y. Workers? Comp. and Unemployment Benefits
Posted on April 10, 2008You can collect unemployment (UE) benefits while on Workers’ Comp. To qualify for UE: you must demonstrate recent substantial attachment to the labor market; must be out of work through no fault of your own; and you must be ready, willing, and able to work and must be actively seeking employment...
HIPAA ? ANOTHER CASE OF POWERFUL RIGHTS AND WIMPY REMEDIES
Posted on April 09, 2008In a world seemingly dominated by all-encompassing HIPAA protections (i.e. the dozens of forms you are asked to sign when treated in the hospital) and daunting HIPAA fears (i.e. your boss?s warning that you cannot repeat, recite nor should you even remember information you learn from HIPAA sensitive documents while on the job,) the question [...
Wal-Mart Blinks? A Victory for the Little Guy!
Posted on April 02, 2008Knock me over with a feather….. As you may recall from my prior post, Wal-Mart was trying to recover every penny of a former employee’s trust fund that she received from a lawsuit after suffering permanent brain injury in a bad car accident...
Travelers Insurance Plays Same Dirty Tricks as Other Carriers!
Posted on April 01, 2008Image from Wikipedia I received a phone call recently from a prospective client who was struck by a car insured by Travelers Insurance while walking from his employer’s parking lot to the building he worked from. Luckily, this individual appears to have sustained only minor injuries (he was struck by the car’s side view mirror [...
Elmira, New York? Our Shrinking Hometown?.
Posted on March 31, 2008Image from Wikipedia A story today on the WETM-TV website (pasted below) got me thinking about my hometown– Elmira, NY. I have lived in Elmira my whole life. I love my hometown. Warts and all. Many folks live here because they have to– this is where their job is...
Corporate Greed At It?s Worst?.Health Insurance Scams and the Little Guy
Posted on March 29, 2008Source: WikipediaThis recent CNN story (also pasted below), illustrates two problems I deal with on a daily basis in representing my injured clients: 1) Giant corporations are heartless. 2) ALL the cards are stacked against the little guy. In this case, a Wal-Mart employee, Debbie Shank, paid part of her hard-earned salary for health insurance coverage...
Alternative Dispute Resolution and the Personal Injury Case
Posted on March 26, 2008Alternative dispute resolution (or ADR for short) is being increasingly pushed by the judiciary and insurance companies involved in civil litigation. The Federal courts even have pilot programs where ADR is mandated before a case can proceed to trial...
Who let the (vicious) dogs out?
Posted on March 26, 2008It?s that time of year again. The days are getting longer, the weather is getting warmer and the runners and cyclists are getting restless-er. However, a word to all wise dog owners ? make sure your pet does not follow suit and, following a lazy winter of prolonged naps and indoor play, become caught up [...
A Brief Introduction from the Newbie
Posted on March 24, 2008As the newest addition to Ziff Law?s personal injury and malpractice litigation team, I would like to take this opportunity to introduce myself to the firm?s blogosphere community. Without going into too many details about my so-called ?pedigree? and educational background ? information about which can be found on Ziff Law?s website at www...
A Tragic Death Case and a One Year Anniversary?..
Posted on March 22, 2008As many of you know, I am proud to represent the family of Steven Bacon. It has been one year since Steven was killed while riding his bike down Maple Avenue, Elmira NY. It has been a VERY long year for the Bacon family….. They have endured a missing son, the discovery of his [...
Important Time Limits and Your N.Y. Workers? Comp. Case
Posted on March 21, 2008First, allow me to introduce myself. I’m Eric Johnson and I work with Jack Schamel in the Workers’ Compensation and Social Security Disability group here at the Ziff Law Firm. I am currently licensed as an attorney in North Carolina...
Must an Insurance Carrier Engage in ?Good Faith? When Evaluating Your Claim?
Posted on March 16, 2008At the outset, let me be clear that this is a complicated issue and the answer to the question is NOT an easy “Yes” or “No”. However, it’s an interesting issue that is important to ALL of us because the legal standards by which our insurance carriers are measured will directly impact the way our [...
The Importance of Telling Your Attorney the Truth
Posted on March 05, 2008As an attorney, I have to rely on what my clients tell me. Absent the rare case where there is an impartial witness, that’s all I have. I never want to think that a client might be dishonest, and I believe that my trust is well placed. Every so often, though, a client makes the mistake [...
Why ?Independent? Medical Exams Are NOT Independent
Posted on March 02, 2008If you have been injured in an accident in NY or PA you will likely be subjected to what the insurance industry refers to as an “independent medical examination” (often called ”IME’s” for short). As you will read below, IME’s are NOT “independent” in any sense of the word and they are regularly used by insurance companies to improperly deny benefits [...
A New NY Case Destroys Accident Victims Privacy Rights
Posted on February 24, 2008Even though a large percentage of my practice is devoted to NY and PA medical malpractice cases, I have tremendous respect for the medical profession. In fact, three of my college roommates and one of my best friends now are doctors. I know most doctors are intelligent, compassionate and dedicated to good patient care...
N.Y. Insurance Companies are FINALLY Liable for Bad Faith!
Posted on February 23, 2008Hallelujah! It’s about time! Traditionally, N.Y. has been one of the few states in the United States that did NOT permit a “bad faith” claim against an insurance carrier except under VERY limited circumstances. A recent N.Y. Court of Appeals case (Bi-Economy Market Inc...
Two Fatal NY Car Accidents Teach Important Safety Lessons
Posted on February 21, 2008Hopefully, we all learn from our mistakes……But having handled hundreds of NY and PA accident cases over 20+ years, one of the sad things you learn is that the same types of accidents tend to repeat themselves over and over again– drunk drivers, speeding tractor trailers, inattentive drivers playing with their radio rather than the road [...
Insurance Investigators and Other Potential Pitfalls to Your NY Workers? Comp. Case
Posted on February 16, 2008As I recommended in my recent post on insurance adjusters and no-fault insurance, I urge you to take caution when dealing with folks representing the other side in any accident case. Workers? Comp. claimants are frequently approached by investigators for the insurance company...
THE INSURANCE ADJUSTER FOR THE CAR THAT HIT ME IS TELLING ME I DON?T QUALIFY TO BRING A LAWSUIT, IS HE RIGHT?
Posted on February 16, 2008maybe. Maybe not. The point is that you should NEVER, EVER take your legal advice from the other driver’s insurance company. Remember, it’s their JOB to pay you NOTHING or as LITTLE as possible. Many times, the insurance adjuster will say things like “sorry but you don’t have a serious injury as required under N...
So what exactly is a ?blog? anyway?
Posted on February 16, 2008Sometimes I am dense. I’ve been reading blogs for years (and now blogging myself), but I never stopped to explain to those folks who may be new to blogging what a “blog” is and why subscribing to blogs can be a great idea. As someone who may have stumbled on to this blog via a [...
NY Accident Lawyer Practice Tip? Don?t Answer Questions You Don?t Have To!
Posted on February 15, 2008For my fellow NY accident attorney readers, we all know that answering the defense lawyer’s Demand for Bill of Particulars is a necessary evil. Necessary because we are required to do it and evil because a trial judge will generally limit your proof at trial to your answers to the defendant’s demand...
What Medical Malpractice Crisis?
Posted on February 14, 2008The doctors’ lobbies and the Insurance companies forced to pay malpractice claims have been trying to for years to convince people that there is a medical malpractice crisis. They have been trying to convince the public that doctors are fleeing states without malpractice caps...
Medical Malpractice Coverups Are Illegal, Unethical and Happening All the Time?.
Posted on February 11, 2008Just read a great post by Eric Turkewitz, How Medical Malpractice Gets Covered Up, that discusses an anonymous blog post by an obstetrical nurse who is baring the truth about how malpractice is actively covered up and how medical providers are pressured to cover one another’s butts by not accurately charting what is REALLY going [...
NY Workers? Comp. and ?Consequential? Injuries
Posted on February 11, 2008I mentioned “consequential injuries” in my recent post on why you need representation in your Workers’ Comp. case. A consequential injury is an injury that occurs as a consequence of the original work related injury. In other words, the consequential injury is a new and separate injury that is caused by the original injury...
An Unusual Pennsylvania ?Car? Crash
Posted on February 11, 2008As an accident lawyer in NY and PA for more than 20 years, I have seen my fair share of unusual car crashes but this one might take the cake (sorry couldn’t think of another hot dog pun so I had to settle for a food cliché)…… Keep reading for all the details as described in [...
New York?s Court Of Claims, A Court Like No Other!
Posted on February 11, 2008What do you think of when someone says “trial”? A brief and unofficial survey of some non-lawyer friends resulted in the word “jury” cropping up just over 80% of the time. A trial by jury is one of the most time honored traditions of our system of jurisprudence...
The Billion Dollar E-Mail Ooopppsss!
Posted on February 09, 2008E-mail can be a tremendous tool for the busy trial lawyer trying to stay in touch with his clients and office. In fact, I LOVE E-mail and I frankly advise new clients that the best way to keep in touch with me is via E-mail for two reasons: (1) E-mail is easy to file in [...
New NY Subpoena Rule Makes NY Lawyer?s Job a Little Easier
Posted on February 05, 2008Any lawyer who actually tries accident, injury or malpractice cases knows that one of the biggest pains in the neck is subpoenaing all the necessary witnesses for trial. One recent change under NY law now permits a subpoena for a Party (or a person under the Party’s control) to be subpoenaed by serving the Subpoena on the Party’s Attorney rather [...
The Cold, Hard Facts about Medical Malpractice Lawsuits
Posted on February 05, 2008SHARETHIS.addEntry({ title: "The Cold, Hard Facts about Medical Malpractice Lawsuits", url: "http://www.zifflaw.com/blog/the-truth-about-medical-malpractice-lawsuits" });
Attorney?s Fees in N.Y. Workers Compensation Cases
Posted on February 03, 2008As in all injury cases we handle, your initial consultation with our office on comp cases is free. Accordingly, you have nothing to lose to become informed of your rights and the process. Learning about the comp system is very important because even though the system is supposedly set up to protect the injured worker, their are many [...
Honesty is ALWAYS the Best Policy
Posted on February 03, 2008Below is an E-mail exchange between me and a fellow who was recently involved in an auto accident near Buffalo, NY. This fellow, like most accident victims, was very frustrated by “the system”: His car was totalled but because the insurance company only has to pay the fair market value of his car, rather than the [...
SUM? The Most Important Auto Insurance You Do NOT Have!
Posted on February 02, 2008Huh, what do you mean it’s the most important insurance I do NOT have? If it’s important wouldn’t my insurance agent have encouraged me to buy it? Sad to say…. probably not. As someone who reviews auto insurance policies every day, I am constantly amazed at how few people have this very important coverage...
A Follow Up To ?Why Most Victims of Medical Malpractice Never Collect A Dime?
Posted on February 01, 2008First off, I want to thank the readers who have responded to the previous post - that’s the whole point of writing a blog; giving help or advice or just providing a place to sound off on a hot topic. Judging by the response here, as well as what I see in my own practice, [...
President Bush Continues to Bash ?Junk Lawsuits? But Where is the Meat?
Posted on January 30, 2008Just because you say it is so, doesn’t make it so….. The tradition goes on. Year after year, President Bush, in his State of the Union address, bashes one of his favorite whipping boys– the “frivolous” lawsuit. Only this year, he called it “junk” lawsuits...
Do NOT Blindly Follow Your GPS!
Posted on January 28, 2008Got a shiny new GPS for Christmas? A word to the wise– please, please, please do not blindly follow your GPS. As great as a GPS can be (particularly to those stubborn males like myself who refuse to ask for directions!), they are not infallible...
Nursing Shortages Can Kill You
Posted on January 28, 2008One of the things I have learned in my 20+ years of handling medical malpractice cases in New York and Pennsylvania is that it is absolutely critical that patients (and their families) must be active advocates for their own care. What I mean be this is you can NOT safely assume that your doctors/nurses are [...
Structured Settlements in Medical Malpractice Cases
Posted on January 28, 2008My good friend, Dov Apfel, a medical malpractice attorney from Maryland who handles birth injury cases, wrote a very informative article in the December issue of Trial magazine (pasted below) about structured settlements in cerebral palsy medical malpractice cases...
Why You Need Workers? Compensation Representation
Posted on January 26, 2008Folks frequently ask me if they need representation in their New York Workers? Compensation case and almost invariably my answer is yes. People tend to think that they have a simple case. What could go wrong? Everything. In a Workers? Compensation case, like most injury cases, you?re dealing with insurance companies...
$10,000 Reward for Identifying an Anonymous Blogger
Posted on January 25, 2008Although this post isn’t directly related to my usual posts regarding NY injury law, I nonetheless thought it was an interesting one that would be of interest to my readers. A Chicago lawyer doesn’t like some comments that an anonymous blogger has been making about this attorney and his firm so the attorney has offered a [...
Searching for a Zip Code?
Posted on January 19, 2008Have you ever experienced the frustration of trying to find a zip code for a particular address? Well, the good news is that there are several easy ways to find a zip code: Google it! Just put in a simple search: zip code Elmira, NY. It will provide the various zip codes [...
Why Most Victims of Medical Malpractice Never Collect A Dime
Posted on January 18, 2008STATISTICS DON?T LIE! The medical profession brings health and hope to millions of Americans every day; however, far too many are injured or killed due to medical mistakes. In 1999, the Institute of Medicine (IOM) released a report documenting that as many as 98,000 patients die each year as a result of medical errors in [...
$1,200,000 Settlement in Chemung County Supreme Court
Posted on January 16, 2008I was honored to be selected as local trial counsel by Buffalo attorney Mark Cantor for a Chemung County Supreme Court jury trial conducted this week before Judge Robert Mulvey. The case did not settle until the end of the first day of trial when the jury had been selected and after opening statements [...
$20,000,000+ Settlement Against Corning Hospital!
Posted on January 11, 2008Tragically, just 40 minutes can make the difference between a healthy baby and a little girl who will never walk, never talk, never feed herself, never have a boyfriend, never get married… In this case handled by Elmira medical malpractice attorney Jim Reed, the Labor and Delivery nurses hooked the Mom up to an electronic fetal [...
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Haw can I join with my family who live in the USA?
Only you are allowed to can join your sister....
A New York City rental building is planning on being converted to condominium, but the units are not currently being sold and are only being offered as short term rental leases. If I move in now and take a short term lea
First, read the article in the New York Times Sunday Real Estate section from Ap...
How does a half interest in a family home get split after the death of our parents?
Since both your mother and brother's names are on the title, then they have co-o...
Is an email from an attorney admissable evidence in court (NY)?
First of all these writings from your attorney would be considered confidential ...
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
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