Elmira, New York– Our Shrinking Hometown….

Posted on March 31, 2008 by Jim Reed

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. I live here because I chose to. I could work as a lawyer almost anywhere in the country (or even the world) but I chose to come back to Elmira after turning down a MUCH more lucrative job in Washington, DC (OK, no one ever said I was smart! . I have NEVER regretted my decision to come “home” because I love it here.

Elmira is located in a beautiful part of Upstate NY called the Finger Lakes region. Despite its scenic beauty, Upstate NY has suffered economically. Heavy industry long ago dried up and the local economy is gasping for breath as it converts to service jobs, tourism and other smaller industries.

Even though it’s not an easy time to be an Elmiran, I love living here–

I love my eight minute commute,
I love walking down the street and having people actually say “hi” to one another,
I love knowing where my three teenagers are going to get in trouble (because I went there myself thirty years ago!),
I love knowing that if I was in trouble and needed help, there would be LOTS of people at my door offering their help. Can’t put a price on that…….

Guess, I wasn’t so dumb after all when I turned down that Washington, DC job….

Thanks for reading,

Jim Reed
jreed@zifflaw.com

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Corporate Greed At It’s Worst….Health Insurance Scams and the Little Guy

Posted on March 29, 2008 by Jim Reed

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. Debbie was then involved in a horrible car crash suffering permanent brain damage. Her injury lawyers successfully recovered a $1million settlement on her behalf. $417,000 of the settlement was put in a trust fund to pay for Debbie’s future medical care.

This is where things get nasty. Wal-Mart ‘s health insurance carrier said that they paid $470,000 in medical bills for Debbie’s care so they wanted EVERY PENNY of Debbie’s trust fund. That’s right, every penny. Leaving Debbie with nothing.

Now remember– Debbie PAID for her health coverage– it wasn’t something that Wal-Mart was kind enough to give to her.

So let’s see if we get this right: Debbie paid for health coverage but now the health carrier wants to be paid back for everything they paid. So, if the carrier gets paid back for everything they paid, what was Debbie paying for? Doesn’t this mean that the insurance company gets a windfall– they collect premiums to pay for coverage and when they actually provide the coverage that they were paid for, they still have the right to be reimbursed? Short answer: Yes. Continue reading →

Alternative Dispute Resolution and the Personal Injury Case

Posted on March 26, 2008 by Adam Gee

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. The question for the personal injury attorney and client is whether ADR is a good thing.

There are three different methods of ADR presently in use in New York. They are mediation, arbitration and summary jury trials. Mediation and arbitration are by far the two most common, but summary jury trials are also increasing in frequency. Mediation is a process by which all parties agree to meet with a mediator. The mediator does not have authority to determine any issues, but merely tries to foster agreement among the parties and broker a settlement. The mediator has no interest in the outcome of the case, and acts as a neutral third party who looks at the potential evidence with the clear eye of someone not personally involved in the litigation. A skilled mediator can help each side to see their potential problem areas, and arrive at a reasonable settlement figure in light of the strengths and weaknesses of their case. If at the end of the mediation no agreement is reached, the case proceeds to trial.

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Who let the (vicious) dogs out?

Posted on March 26, 2008 by Christina Sonsire

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 in the spring fever and use all of his pent up energy to harass – or worse, injure – an innocent passer-by.

New York law imposes a high standard on dog owners, particularly owners of dogs that have ever shown “vicious propensities,” (legalese for prior displays of mean, unruly and aggressive behavior.) As a dedicated marathoner, I must say I am glad the law seeks to hold pet owners responsible for misdeeds, yet as a former and likely future dog owner, I recognize the necessity for understanding the basics of New York’s dog owner liability doctrine to avoid legal entanglements.

In brief, under New York law a dog owner is potentially liable for injuries his dog causes to another person if Continue reading →

A Brief Introduction from the Newbie

Posted on March 24, 2008 by Christina Sonsire

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.zifflaw.com or a recent Star Gazette article at http://www.stargazettenews.com/apps/pbcs.dll/article?AID=/20080322/BUSINESS/803220302 – I want to provide you, the interested personal injury blog connoisseur, with some interesting (though not directly relevant to my practice) facts about me.

I was born and raised in the Twin Tiers and come from a long line of folks – going all the way back to my Continue reading →

A Tragic Death Case and a One Year Anniversary…..

Posted on March 22, 2008 by Jim Reed

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 Continue reading →

Important Time Limits and Your N.Y. Workers’ Comp. Case

Posted on March 21, 2008 by Jim Reed

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 Continue reading →

Must an Insurance Carrier Engage in “Good Faith” When Evaluating Your Claim?

Posted on March 16, 2008 by Jim Reed

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? Continue reading →

The Importance of Telling Your Attorney the Truth

Posted on March 5, 2008 by Adam Gee

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

Why “Independent” Medical Exams Are NOT Independent

Posted on March 2, 2008 by Jim Reed

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? Continue reading →