Why New York Personal Injury Lawyers Hate Insurance Companies.

Why New York Personal Injury Lawyers Hate Insurance Companies.

You can't be a New York personal Injury lawyer for very long without learning to hate insurance companies. I think it took me all of 6 months when I started out years ago to realize how brutal they were. You see, insurance companies "screw" good people all the time. Here's just one recent example of a guy who got screwed by the insurance industry.

The client injured his lower back in a car accident, but did not immediately seek medical attention because he wanted to see first whether he was going to get better on his own. When more than a month went by and he was still in pain, he came to see me. He wanted to know what his rights were as far as getting medical coverage to see a doctor. There was an uncomfortable pause while I thought about how to break the bad news to him.

Before I tell you what I told him, let me give you a little recent history of New York's "No-Fault Insurance" law. Only a few years ago, under No-Fault Insurance Regulation 68, auto accident victims had up to 90 days to file an application for no-fault benefits with their auto insurance carrier. (No-fault provides up to $50,000 in medical treatment and lost wages to car accident victims, regardless of fault.) But then the insurance industry lobbied New York State lawmakers to shorten the time limit to 30 days. The insurance industry claimed the shorter time limit was necessary to prevent "fraud", but that argument never made any sense to me. Instead, I believe the insurance industry knew that many auto accident victims would inadvertently wait for more than 30 days to fill out their no-fault application. The insurance industry would thus save millions of dollars by denying these legitimate but "late" claims.

This is only one example of how insurance companies, the same companies who regularly malign us personal injury lawyers, screw the public. Other examples, too numerous to list here, include (1) giving low-ball settlement offers, especially to accident victims who have not yet hired a good New York personal injury lawyer to fight for them; (2) denying perfectly valid personal injury claims; and (3) inducing accident victims, before they have time to hire a lawyer, to give "recorded statements" by promising them, falsely, that this will help the insurance company "resolve their claim", when in fact the intention is to torpedo the claim.

Insurance is one of the most heavily regulated industries, and for good reason. Can you imagine what they would be doing to us if they were not regulated? Too bad their lobby is so powerful that it weakens the government's overseeing role.

My client could not believe what he was hearing when I told him about the 30-day rule. As he put it, "I got screwed". He's not alone. Don't let them screw you! Hire a good New York personal injury lawyer from the get-go.

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

Photographs Critical Evidence In Personal Injury Cases

Photographs Critical Evidence In Personal Injury Cases

When a client walks into our White Plains, New York office, having suffered a serious injury in a car crash, slip and fall accident, or from using a defective or dangerous product, we envision that this new case will reach trial, and want to preserve evidence as soon as possible. One of the most important types of evidence to prove your personal injury case in Court is photographs--of the smashed in back of your car, uneven and broken sidewalk or stair, or icy driveway. Each of these conditions frequently disappears and is lost forever shortly after the accident. The car is taken to a repair shop and declared a total loss; the owner of the stairway sends out a contractor to fix the broken stair, or the icy driveway is cleared up through a quick application of salt or a warming trend in the weather.

Thus, it is our advice that immediately after the accident, you have a friend, relative, or witness take photographs of the scene of the accident, and of the cars involved if it was an auto accident. Obviously, if you are able to, you can do this yourself, but often, the injuries you have suffered prevent this. If you wait until the next day or a couple of days later, particularly with regard to weather related accidents, the evidence is likely to be lost forever.

The reason that photographs are so critical is that insurance companies utilize them to determine the severity of an accident, and to decide in many cases whether your injuries were caused by the accident. The second reason is that if the case does not settle before trial, jurors often expect to have visual proof of the damage to your vehicle, or the stairway you fell on, before deciding whether the defendant is at fault for your injuries.

Contact the Westchester County Personal Injury Lawyers at the White Plains, New York Law Office of Mark A. Siesel online or toll free at 888-761-7633 if you are seriously injured in any type of accident for a free consultation with an experienced, knowledgeable and aggressive litigator who will fight the insurance companies to maximize compensation for your injuries, medical bills and lost earnings.

Central New York Personal Injury Lawyer Loves Getting "Thumbs Up".

Central New York Personal Injury Lawyer Loves Getting "Thumbs Up".

It's nice to get a thumbs up. This is true when I bring my New York personal injury cases to the jury, and it is true in life generally. And I got a nice one yesterday. After I gave my annual update lecture on the topic of Municipal liability (how to hold a City, Town, Village, County, etc. liable in New York for personal injuries or wrongful death) to a room full of Rochester lawyers yesterday, I found this email awaiting me when I back home to Geneva:

Hello Michael. I . . . was in attendance today at the Academy's 2010 update. Despite it being such a long day, it was worthwhile. And you were definitely a highlight of the day's presenters. I thoroughly enjoyed your insights, and especially, your enthusiasm for your topic. You 'read into' the judicial mindset (I love to do that too) to get the largest sense possible of where the court is going ...that makes law more like a philosophy course, or at least, a true barometer of the way we humans organize ourselves! As always, it is fascinating. Found your website to tell you so--too bad you are not in Rochester full time! Our loss....thanks again.

Needless to say, that email made my day. And I obviously hope juries and judges find my New York personal injury case presentations equally compelling! Although I have had great results, so far no emails from them!
 

Categories:

There Is No Right to Secede

The right of a state to secede from the nation is way outside my personal injury wheelhouse. But it has become a source of conversation on professorial and political blogs, and the concept has generated interest from the Tea Party movement.

As it happens, my brother has a letter from Justice Antonin Scalia that is directly on point as to the legitimacy of secession. How he got that letter, and its contents, are the subject of today’s post.

The inspiration for writing, and the release of the letter, comes from Prof. Eugene Volokh, who wrote, “I keep hearing the claim that the legitimacy of secession from the U.S. was ‘settled at Appomattox,’ and I wanted to say a few words about why I think that makes little sense.”

The good prof goes on to write that, while clearly not supporting secession of any State in concept, that the issue is far from settled. He writes:
 

Student Loan Consolidation

Consolidate your student loans, and you could cut your student loan payments in half.

Attention, federal student loan borrowers! Right now, NextStudent can help you substantially lower your monthly student loan payments and put loads of extra cash in your pocket with the Federal Student Loan Consolidation Program.» Learn more.

• Lock in low monthly payments with a fixed interest rate
• Bundle all your federal student loans into one easy-to-manage loan with one monthly payment
• No application fees, origination fees or prepayment penalties
• Easy, online application with Electronic Signature

 

Reputable Debt Settlement Attorneys - How To Legally Settle Unsecured Debt For Less

These days, getting reduction in the amount of liabilities is the need of every person. People desperately want to get rid of the burden of their unpaid debts.

 

These days, getting reduction in the amount of liabilities is the need of every person. People desperately want to get rid of the burden of their unpaid debts.

The option of debt settlement is a relief for those who can afford to pay back their debt amounts. Among the Americans, the credit card is very common these days. And, it is very easy to get loans on credit cards and is only useful when you need extra money. This loan can become a drawback if you do not manage your credit card and use it for unwanted things. Another reason for the increment in the credit card debt is the high interest rates, which the credit card companies charge. These penalties can turn any loan into a massive amount of debt.

For the settlement of this issue, the credit card debtors have to negotiate with the creditors. This negotiation can be done alone according to the situation. Just for the record, self negotiation is less efficient than hiring the services of a debt reputable debt settlement company. According to the new laws introduced by the federal government, these companies prevent from charging upfront fees which is beneficial for the debtors.


If you hire a debt relief company, it would negotiate with the creditor instead of you, depending on the debt amount. A reputable and experienced debt settlement company can get you up to 70 percent reduction in the outstanding amount and the rest of the amount would be paid within few years. Basically, the debt settlement company takes rest of your money, which is left to be paid after reduction in your debt amount and pays this amount to the creditors and clear your debts.


This is the best way to settle your credit card debt and it helps you to manage a good credit score after all the procedure is completed. Debt settlement is the accurate way for bringing decline in the amount of loans. The New modifications in the process of settlement have made this method more genuine and reliable. From the above discussions, one can easily conclude that debt settlement is the most appropriate and correct way for brining reductions in the owing amounts.


If you have over $10,000 in unsecured debt it may be a wise financial decision to consider a debt settlement. Due to the recession and overwhelming amount of people in debt, creditors are having no choice but to agree to debt settlement deals. To find legitimate debt reduction help in your state and get free debt advice then check out the following link.

Student Loan Options

Student Loan Options

With all the options for student loans, it is hard to decide were to go or what to do first.  One’s options have grown considerably since the age of internet.  Yes, there are many options for a student loan, but it has also been made very simple.

Let us look at our online student loan options.  All you have to do is simply enter the words “student loan”.  You have pages and pages of sites to choose from.  I suggest you stick with the Federal student loans to begin with.  Why?  Because the interest rate in which you would receive for a federal student loan is regulated.  It cannot go above a certain percentage. 

That is good for you, because your payments will be much more affordable than it would be if you had obtained a private or personal loan.  The interest rates on this kind of loan depend on your credit or lack of credit.  Therefore, the interest rate could potentially be much higher than you would want to pay.  So check out the federally funded loans first.  You may not need to go any further than that.

The very first thing you always want to do is check out your options.  You want a student loan that will benefit you and work with your financial needs.  The only way to obtain this kind of loan is to do your homework before you get to school. 

To make your next few schooling years really count you need to be able to stay focused on your studies.  What are the chances of that happening if you are constantly worried about were the next batches of monies will come from to fund you school.  So be smart and check out all the facts.  As I stated earlier, it really has been made easy for you in today’s time.