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 mangled body on the side of the road, a heart wrenching funeral, and a long criminal trial where many painful facts were revealed. They had to suffer through the testimony of the drivers responsible for their son’s death describing the cruel fact that although these drivers KNEW they had run down a person, they did not stop, they did not call the police, they drove away and left Steven on the side of the road…

Steven, who was riding on the shoulder of the road, was hit at high speed by a driver, Kyle Bradley, who was dangerously passing another buddy of his, Andrew Zeller. Bradley and Zeller were on their way from Bernie Murray’s Bar on the south side of Elmira to a party in Sayre, PA. Both Bradley and Zeller have a long history of trouble with the law.  Mixing alcohol, speeding cars and drivers with no regard for the law is a dangerous, and in this case, fatal, combination.

My heart bleeds for Steven’s Mom, Dad and family.   No one should have to go through the hell they have suffered over the last year.  My prayers go out to them.

Jim
jreed@zifflaw.com Read the rest…

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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. Jim Reed has done some really terrific posts on New York Workers’ Comp and I hope to follow suit with this post on time limits.

You have 30 days after your work related injury to give your employer either oral or written notice of your injury. Written notice is preferable and the employer’s accident report will suffice. Please keep a copy of the report.

You have 2 years after your injury to file a claim with the Workers’ Comp Board. We frequently have clients who are receiving wage and medical benefits from the insurance company; however, the client has not filed a claim. Any benefits you receive prior to filing a case are being provided voluntarily and are subject to change by the insurance company. Very few employers will actually file a Workers’ Comp claim for you. It is very important that your claim be filed to protect your benefits.

FINALLY some good news Read the rest…

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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 insurance companies treat us whenever we are forced to file a claim.

First, a little background about what “good faith”, and more importantly, “bad faith” means.  Generally, our laws require all of us to act in “good faith” whenever we are interacting with other people or organizations.  The idea is that we should all play fairly and by the rules.  When we don’t play fair or violate the rules, that’s acting in “bad faith”.  The purpose of our laws is to prevent people from breaking the rules or punish them when they do. Pretty simple so far, aye? Read the rest…

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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 of not being completely honest.  Trust me, that is a BIG mistake.  In my years of practice, I have heard almost everything.  Nothing a client could possibly tell me surprises me, shocks me or causes me to think less of anyone else.  If I know about whatever it is a client may want to withhold, I can almost always adapt my theory of the case to encompass that fact.  But when a client withholds crucial facts from me, disaster could be the result.

In a recent case I handled, that’s exactly what happened.  For the three years preceding trial, this client was feeding us incorrect information about how his injury occurred.  All through the discovery process we were using incomplete information.  Our client testified to this incomplete information at deposition.  He even testified to the incomplete information at the trial!  It was not until after I was done presenting our case at trial and the jury was about to start deliberating that the full truth was finally revealed to me.  At this point, it was too late to undo the damage.

The worst part is that the whole truth made the case stronger.  If the whole truth had been provided from the very beginning, this case never would have gone to trial, as the insurance company would have settled the case before it was even put in suit.  This client screwed himself out  of a substantial sum of money that he justly deserved because he couldn’t see fit to tell his attorney the whole truth.

There is a lesson to be learned here:  Always tell your attorney the WHOLE truth!  Don’t be scared or embarrased, we have heard it all before.  Don’t forget that your private discussions with your attorney are confidential, and also protected by the attorney-client privilege.  And always remember that what you DON’T tell your attorney could end up costing you a significant sum of money!!

Thanks for reading,

Adam M. Gee, Esq.
Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

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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 to deserving people.  IME’s are another example of insurance companies at war with their own customers.  Insurance companies love us when they are collecting our annual premiums and HATE us whenever we file a claim for those benefits we have been paying for for so many years….

The stated purpose for an IME is for the insurance company to have a so-called “independent”, supposedly unbiased doctor, offer an opinion on the severity of your injury, whether your injury was caused by the accident, and what will be the appropriate medical treatment of your injuries in the future.  Sounds good in theory but the theory starts to break down from the moment the IME doctor is hired….

WHO BUTTERS YOUR BREAD? Read the rest…