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Personal Injury Law

New York Injury Law Blog

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Last Entry: May 20, 2010 at 08:51:23

Fatal Mistakes Social Security Disability Clients Make

Posted on April 24, 2008
Bob 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, 2008
Image 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, 2008
Image 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, 2008
You 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...

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HIPAA ? ANOTHER CASE OF POWERFUL RIGHTS AND WIMPY REMEDIES

Posted on April 09, 2008
In 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, 2008
Knock 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, 2008
Image 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, 2008
Image 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, 2008
Source: 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, 2008
Alternative 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, 2008
It?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, 2008
As 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, 2008
As 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, 2008
First, 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, 2008
At 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, 2008
As 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, 2008
If 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, 2008
Even 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, 2008
Hallelujah! 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, 2008
Hopefully, 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, 2008
As 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, 2008
maybe. 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, 2008
Sometimes 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, 2008
For 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, 2008
The 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, 2008
Just 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, 2008
I 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, 2008
As 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, 2008
What 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, 2008
E-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 [...

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