When a personal injury case is settled or a verdict is reached, most personal injury attorneys in Buffalo and throughout New York State will deduct expenses that were incurred during the course of bringing the case to a conclusion.  Usually, the lawyer who represented you will have paid out money when preparing the case so that you do not have to.  When the lawsuit is concluded, the lawyer will then receive reimbursement from the proceeds of the settlement.

Typical expenses in personal injury cases include payment for the following:

1.  Filing fees for initiating your lawsuit

2.  Copies of your medical records

3.  Transcripts of various proceedings

4.  Process servers to deliver legal papers

5.  Any necessary investigators or experts

There may be additional fees depending on the circumstances of your case.  Most attorneys will expect reimbursement for some or all of these expenses out of any compensation obtained in your case.

Usually, expenses will not amount to large sums of money unless a case goes to trial.  When that occurs, your lawyer may have to pay doctors or other experts to testify, which may run into thousands of dollars.  An experienced personal injury attorney will weigh the cost of going to trial versus the potential gain when determining whether to proceed or to settle the case without incurring additional expenses.

Residents of Buffalo or elsewhere in New York State who are injured by another party’s negligence can, in many cases, sue for lost wages.  There are, however, some specific rules surrounding this action.

For injuries suffered in auto accidents or in the work place, the injured party may, for a time, receive compensation through his or her own auto insurance or through various types of worker’s compensation insurance.  Because the law generally does not allow an injured person to “double dip” when seeking compensation for injuries, an injured person cannot receive payments for lost wages that have already been replaced by another party. 

Unfortunately for those badly injured, rarely do these payments for lost wages last forever.  As a result, the injured person may sue for any lost wages not paid by another party.  This includes both future wages and loss of wages because the injured person cannot work as many hours or has to take a lower paying position as a result of his or her injuries.

Obviously, how much a person would have earned in the future had they not been injured is area that is often heavily disputed by the parties involved.  If you have such a claim, you should consult with an experienced personal injury attorney.

Many individuals who are involved in minor accidents in Buffalo choose not to retain a lawyer.  While this may work out if that person turns out not to have any serious injuries, in cases where that person’s injuries turn out to be worse than originally thought, they may regret their decision.

Under New York law, an individual’s own auto insurance company will initially pay his or her medical bills and lost wages.  As a result, many individuals may feel they do not need a lawyer.  Unfortunately, if the pool of money available from his or her own insurer is used up and the injured person still needs medical treatment, is unable to work or continues to suffer other damages as a result of the accident, he or she will regret not retaining a lawyer to seek compensation from the party responsible for the accident. 

If you are injured and choose not to hire a lawyer, the insurance company involved in the car accident may even offer you some compensation to settle any claim against them and their client.  While it may seem like a good idea to take this money and avoid having to pay any legal fees from the proceeds of the settlement, it is rarely a good idea to do so.  Most individuals do not have the experience to properly analyze the value of their injuries, while an experienced personal injury will know how much to seek and will pursue full value from the insurance company.

If you were involved in an auto accident and suffered injuries, even if they seem minor, please feel free to call my office at (716) 542-5444 to speak with me regarding your case.

Many of our children in the Buffalo area are excited to see the Buffalo Sabres back in the playoffs.  If you have purchased a hockey stick for your children, however, please be aware that several sticks have recently been recalled due to the potential for injury.

On April 1, 2010 the U.S. Consumer Product Safety Commission and Health Canada announced that Bauer Hockey Inc. of Greenland, New Hampshire was issuing a voluntary recall of several youth and junior hockey sticks, shafts and blades due to excessive levels of lead found in the paint and decals.  Approximately 67,000 hockey sticks in the U.S. and 60,000 in Canada are involved in the recall.

Several different junior hockey sticks are involved that were sold under the name brand of Bauer or Nike Bauer.  If you have such a hockey stick, a complete listing of specific sticks subject to recall can be found at http://www.cpsc.gov/cpscpub/prerel/prhtml10/10189.html. 

The lead in these sticks may prove especially dangerous if you have a very young child in your household who may chew on the stick or one of the decals.  If you have such a stick, please stop using it immediately and put it out of the reach of children.  You should then contact the manufacturer for a replacement stick or refund at (888) 734-0443.

The driver of the vehicle, as the individual whose negligence caused the accident, bears an obvious responsibility for any injuries caused.  Your lawyer also may wish to file a case against the owner of the vehicle, however, to pursue every avenue available to ensure you are fully compensated for your injuries.

Generally, when you purchase auto insurance, you are purchasing coverage for the vehicle, not the driver.  If the driver of the vehicle, regardless of whether they own the vehicle or not, causes an auto accident, the insurance company for the vehicle may be responsible for any damages suffered as a result of the accident.  A case against the owner of the vehicle may help to solidify your position in seeking compensation through the owner’s auto insurance. 

Be aware, however, that who is liable for your injuries in this situation may hinge on a number of factors, such as whether the driver was an adult or a minor and whether the driver had permission to take the vehicle.  If you are injured and unsure of whom to seek compensation from for your injuries, you should consult with an experienced personal injury attorney.  Please feel free to call our office at 716-542-5444 if you have any questions.

Cadillac CTS vehicles from the 2003-2007 model years, possibly including CTS vehicles sold in Buffalo, have been found to have a defect that may lead to accident and injury.  As a result, GM has issued a recall for an undetermined number of these vehicles.

It has been found that some CTS vehicles have a front brake issue.  Specifically, a hose fitting at the caliper on the front brake may corrode when exposed to road salt contained in water or snow. This may lead to a leak where the hose attaches to the front brake, causing an increase in the distance needed to stop when the brakes are applied.  This, in turn, increases the potential for accidents.

This recall is apparently going to be specific to CTS vehicles currently registered or originally sold in Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, Wisconsin and Washington, D.C. 

As a result, Buffalo area CTS owners may be affected and should determine whether their vehicles need repair.  The recall is expected to begin in May.  If your vehicle does need repair, dealers will be replacing the parts for free.   CTS owners may reach Cadillac at 866-982-2339 or the National Highway Traffic Safety Administration’s hot line at 888-327-4236 with any questions.

If you have been injured because a defective auto part caused an accident and have questions, please feel free to call my office at 716-542-5444.  We would be happy to help you.

Over the last few years in the Buffalo area, we have seen several horrible auto accidents in which a driver was apparently sending a text message while driving.  While driving regulations are largely controlled by the states, the danger of texting while driving has been deemed serious enough that the federal government has now taken steps to eliminate certain drivers from engaging in this activity.

In January of 2010, the federal government banned truck drivers and bus drivers from sending text messages while driving.  Under this new regulation, truck and bus drivers caught texting while driving may be fined up to $2,750.00.  Apparently, this extremely large fine was considered necessary given the great danger these larger vehicles may pose on the road when the driver is not giving full attention to controlling his or her vehicle.

For other drivers in New York State, texting while driving is currently an offense that may only be charged if the driver is also caught committing another traffic infraction, such as passing a stop sign or weaving out of his or her lane.  Unlike New York State, 19 other states have completely banned texting while driving.

Hopefully, these new regulations will reduce the number of serious injuries and deaths caused by texting drivers.  If you or a family member have been injured by an individual who was operating his or her vehicle while distracted and you need advice, please feel free to call my office at 716-542-5444.  We would be happy to help you.

The Buffalo area has several older residents who receive medical benefits through Medicare.  When a person who is receiving Medicare is injured through the negligence of another party, that person, like anyone else, is entitled to pursue damages against the negligent party.  The fact that they are receiving Medicare, however, may have some impact on their case.

By federal law, if you receive Medicare benefits, Medicare has a right to have those payments reimbursed if they were made for treatment of a personal injury for which another party later provides compensation.  The law surrounding this right can be complicated, but this basically means that if you are rewarded financial damages in a personal injury case and Medicare paid for some of the medical expenses caused by that injury, Medicare has a right to take back any money that it paid out for your injuries.

Unlike most other parties that may have some claim on damages in a personal injury case, the law does not require Medicare to provide any notice of their claim, and their claim takes precedence over most other claims.  As a result, if you are pursuing a personal injury case and receiving Medicare, you should make sure your attorney is aware of this fact so that he or she can be sure to address any issues involving Medicare’s claim.

Personal injury cases can be confusing for jurors, who often must decide issues such as who is responsible and to what degree, the value of past and future medical expenses, and the value of pain and suffering.  When trying cases in Buffalo, we make every effort to ensure that the jury fully understands what is going on and the implications of their decisions.  A recent case from across New York State that has been overturned on appeal and ordered for re-trial offers a good example of what happens what jurors do not fully understand the issues in a case.

In Dessasore v. New York City Housing Authority, Davin Dessasore fell down a flight of stairs after tripping over a loose handrail lying on the steps.  Mr. Dessasore suffered herniated disks in his back that required fusion of his vertebrae and was still reporting symptoms five years later.  After trial, a jury awarded him $5 million for past pain and suffering.

Unfortunately for Mr. Dessarore, there was evidence that he had been talking on a cell phone when he fell.  As a result, the jury had concluded that both parties were negligent, but also concluded that the use of a cell phone had no bearing on the fall and that the defendant was fully liable for the damages.  On appeal, the court found the factthe jury’s belief that Mr. Dessarore was distracted while walking on the stairs but that this had no relationship to his fall to be “irreconcilably inconsistent” and required a new trial.

The court on appeal also upheld the trial court’s finding that the $5 million award for past pain and suffering was irrational.  This conclusion was reached because despite this large award for past pain and suffering, the jury declined to award Mr. Dessasore any damages at all for his medical expenses or pain and suffering in the future.

Most residents of Buffalo are aware that medical treatment can be expensive.  To protect individuals who have suffered a serious personal injury in an auto accident, New York State’s Insurance Law requires insurance companies to pay up to $50,000 over the first three years after an accident for basic economic loss to an injured customer or occupant of the customer’s vehicle.  Generally, this basic economic loss consists of lost wages and medical expenses.

Unfortunately, when serious injuries occur, this $50,000 may not be enough to cover the insured person’s losses.  To help protect against this, New York State also requires insurance companies to provide customers with the opportunity to purchase Optional Basic Economic Loss (O.B.E.L.) insurance.  This insurance provides an additional $25,000 toward basic economic loss.

You are not required to purchase O.B.E.L. insurance, but if you can afford it, it is a good idea to do so.  $50,000 may sound like a lot of money, but the expenses from a serious injury can mount quickly, and that money may soon be exhausted.

When considering this option, you should also be aware that there are different types of O.B.E.L. to choose from.  You may, for example, choose to have this additional coverage available only for lost wages and not medical expenses.  It’s a good idea to check with your insurance agent to make sure you have the coverage you desire when exploring this option.