Frustration is nothing new in accident and injury lawsuits. All the parties have something to complain about: insurance companies don’t like to pay high settlements, the courts are backlogged, and personal injury victims may have to wait years for their cases to be resolved.

Add to all these concerns the perception that the situation is getting worse.

In recent years, insurance companies have created the idea that there has been an explosion in the number of lawsuits. But a little history lesson puts that idea to rest. The Maryland Injury Lawyer Blog had an entry earlier this month about car accident lawsuits that really opened my eyes to the true situation.

The entry quoted a Time Magazine article, “Traffic Jam.” Here are some fast facts from that article:

• Car accidents account for more than half to three-quarters of personal-injury lawsuits. Tens of thousands of auto accident cases await trial in Chicago, Los Angeles and New York City.
• Car accident victims might wait years for their cases to get to the jury.
• Despite taking in huge sums in premiums, insurance companies suffer a net loss!

The pretty shocking truth is that the Time Magazine article was printed Jan. 10, 1964! That is more than 45 years ago.

I don’t write this in the sense of “Let’s all despair; things are never going to get better.” The reality is that the system is always being refined. Just because things aren’t perfect, let’s not forget to look at what is improving.

The truth is that there are fewer NY accident lawsuits per capita now than there were 20 years ago. In fact, statistics from the NY State Office of Court Administration show that there were actually more than 13,000 FEWER cases brought in NY Supreme Courts in 2006 than in 2002.

Will the legal system ever be perfect? Probably not, because “justice” is a perception to all the parties involved in a case. Most outcomes are likely to displease someone involved.

But it’s important to appreciate the fact that the law is continually being adapted to make things better. Maybe the law will never be perfect, but that is what it aspires to be.

Thanks for reading,

Jim
_______________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll-free 1-800-943-3529
mailto: jreed@zifflaw.com http://www.zifflaw.com

If you are involved in a New York car accident or a Pennsylvania car accident, you may be entitled to a settlement even if you were partially at fault.

Both New York and Pennsylvania have accident laws that allow you to recover even if a judge or jury concludes that you played a part in causing the accident.

These laws are called “comparative negligence” laws because they compare the relative negligence of each of the parties involved in an accident. These laws may permit you to recover money, but the amount may be reduced by the percentage you were found to be at fault.

How your degree of fault affects your settlement

Sound confusing so far? Here is an example: You were in an accident. The other driver was found to be 70% at fault and you were found to be 30% at fault.

The jury returned a total verdict in your favor in the amount of $100,000. The verdict would be reduced to $70,000, lowered by 30% (the amount of your fault).

This is a very simplistic explanation of a complicated area of the law, but it illustrates the general idea of comparative negligence.

Put expert advice to work for you

Your best bet is to hire an experienced personal injury attorney, with knowledge of New York and Pennsylvania accident laws. The Ziff Law Firm can analyze your accident case and guide you to the most favorable outcome.

Contact us for counsel on your car accident case, and check out our Accidents webpage for more information.

Thanks for reading,

Jim
_______________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll-free 1-800-943-3529
mailto: jreed@zifflaw.com http://www.zifflaw.com

The drive north along Route 14 between Millport and Montour Falls follows the bottom of a beautiful valley. It’s near the new Catharine Valley Trail, after all. Area drivers, however, don’t seem inclined to take in the scenery on a leisurely manner.
A recent story by WETM-TV (below) followed up on a Jan. 15 head-on crash on Route 14. Five people were injured in the car accident. The story reports that residents along the speed zone where the limit drops from 55 to 40 mph said that they felt drivers ignore the speed limit. Schuyler County Sheriff Bill Yessman had objective proof – he said that radar run in the speed zone confirms that drivers tend to be going too fast.

Though officials say the cause of the crash wasn’t speed related, such a harrowing occurrence makes you think about road safety on Route 14. It’s a twisty drive that can be slippery in rain or snow. Impatient drivers may take the chance of passing, even though there are few spots along the route that allow enough visibility to do it safely. If drivers ignore the posted speed limits, that’s just adding another – completely unnecessary – risk.

The residents mentioned in the story say that they hope that moving the speed limit signs, adding flashing signs, and/or adding warning “children at play” signs may help ensure that Route 14 leading into Montour Falls is a safer stretch of road. Let’s hope that something wakes drivers up to the dangers of driving too fast on Route 14.

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
Car Accident & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

Schuyler County Road Concerns

Reported by Meagan Kolkmann
Email: meagankolkmann@wetmtv.com
Last Update: 1/17 8:03 pm

MONTOUR FALLS – Neighbors that live on a stretch of State Route 14 in Montour are very concerned that people in the area drive too fast. They say this is happening where the speed limit changes from 55 mph 40mph.
Mike Colunio lives along the speed zone and says drivers are constantly ignoring the posted traffic signs.

“Just last week I was checking the mail and I barely made it back across the road because someone was speeding this way.”

The Schuyler County Sheriff Bill Yessman says they run radar in the area and people in the speed zone tend to go too fast.

Just last week a head-on crash in the speed zone sent 5 people to the hospital.

The cause of that crash is still unknown, although, officials say it wasn’t speed related.

Colunio saw the crash and says he disagrees.

He says he’s been complaining to the town for years and their efforts to stop speeders aren’t helping either.

Some neighbors say although the posted roadway warning help, the speed limit signs may need to be moved so drivers can see them coming around the curve.

Another thing Colunio says he’s considering to help make the neighbor more safe is asking the town for is flashing signs and signs that warn children are at play.

When we asked town leaders about the road they told us they haven’t received any complaints from neighbors.

The New York State Department of Transportation says nobody’s filed complaints with them either.

It doesn’t hurt to have a good friend who’s also an insurance expert! Recently, my buddy Peter Wallin of Wallin Insurance (www.wallininsurance.com), sent me a copy of his newsletter. He had taken his family on a trip to Florida and the experience sparked the idea of writing about the dos and don’ts of rental car insurance. Here is his advice:

Rental Car Insurance

You rent a car while on vacation. As you get to the rental agency counter at the airport they ask you the dreaded question: “Do you want to buy accident insurance for this rental car? It’s only $14.95 per day.”

Well, here’s your answer, right from your local insurance agent – NO! You do not need to buy the extra insurance.

If the rental contract does not exceed 30 days and the rental car will not be driven out of the United States and/or Canada, then the extra “collision damage waiver” and the “liability” does not need to be purchased from the rental company.

When you have a New York personal auto policy you automatically receive rental car protection.

This is not typical of insurance policies issued in other states, which is why the rental company in Florida may attempt to convince you that you need the extra protection. When in doubt, call our agency before you reserve your next rental car. Give us the details of the trip you have planned and we’ll help you determine whether you need the extra insurance before you pick up the car.

Go ahead – you have my permission to spend the cost savings on some extra fun instead of extra insurance!

- Peter Wallin

You can contact Peter at (607) 734-8799 or e-mail peter@wallininsurance.com.

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

There’s a tool your doctor or hospital can use that could make your chances of dying after surgery drop by 40 percent. The same tool could even reduce your risk of post-surgery complications by more than 30 percent.

It’s not a fancy laser or high-tech diagnostic machine. It’s a simple checklist! All it requires is your surgical team’s commitment to making sure every item is checked off before, during and after your surgery.

The checklist was the result of a World Health Organization research project. The findings were that 19 simple steps – many of them real no-brainers such as “Confirm the patient’s identity, surgical site and procedure,” or inventorying the instruments after the procedure – significantly improved patients’ chances of a smooth recovery.

Medical malpractice can be the result of oversight, the skipping over of details that are important but may be mundane. The checklist offers a simple solution to a serious problem.

The Jan. 14 edition of the New England Journal of Medicine reported on the research project. Click on the title to read the entire “Elements of a Surgical Safety Checklist.”

Thanks for reading, Jim

_________________________________________

James B. Reed, Esq.

Personal Injury & Malpractice Attorney

Ziff Law Firm, LLP

303 William St., Elmira, NY 14902

Tel. (607) 733-8866 Fax. (607) 732-6062

Toll Free 1-800-943-3529

mailto:jreed@zifflaw.com http://www.zifflaw.com

Here’s a quote that may give you pause: “A Carfax report showing that a vehicle has not been in an accident cannot be relied upon, and don’t expect Carfax or a dealer to tell you that.”

Bob Kraft, a Texas personal injury attorney, friend of mine, and author of the blog P.I.S.S.D. (Personal Injury, Social Security Disability) alerted me to a BIG problem with Carfax reports.

If you’re not familiar with Carfax, it is a service that implies it can alert you to ANY bad history about a car you may be planning to buy. With a VIN number, Carfax checks its national database to put together a vehicle history report. Using Carfax, you should be able to discover if a vehicle has been in an accident or wrecked.

So what’s wrong with Carfax?

As we learn from these blog posts, Carfax is NOT totally reliable.

The quote is from a post by Oklahoma attorney Louis M. Green, The Trouble with Carfax. Louis writes about how Carfax has created the perception that their information is 100% complete. That isn’t the reality, however.

Carfax is only as accurate as the information reported to it. Negative information about vehicles does turn up on Carfax reports, but, unfortunately, Carfax does not always receive all of the information available.

Check out Bob’s blog and the original post.

Thanks for reading, Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

UPDATE (1/26/09): WETM has reported that a case of salmonella poisoning in Steuben County may be linked to the national outbreak. State officials are investigating.

For the last several weeks, local, state and federal health departments have been scrambling to find the source of a salmonella outbreak that has sickened more than 500 people across 43 states and caused the death of at least 6 people.

Federal investigators announced yesterday that they have traced the strain of salmonella to the Blakely, Georgia plant of peanut processing giant Peanut Corporation of America (PCA). The company makes peanut butter and peanut butter paste, selling its products to food companies, schools and nursing homes. The nursing home and schools customer base is particularly concerning, as the young and the elderly are most likely to become seriously ill or die from salmonella infection. Because PCA sells its products to food companies, the salmonella has found its way into a wide variety of products, making the job of finding the source that much harder.

As a precautionary measure, schools, restaurants and grocery stores across the Southern Tier, New York and the nation have been yanking peanut products off the shelves. The recall has even been extended to some dog treats containg peanut products. All affected peanut products are included on a comprehensive recall list far too numerous to list here. The list can be found on the FDA‘s website by clicking here.

Salmonella is a serious illness that can be fatal to children, the elderly, and those with a weakened immune system. It causes nausea, vomiting, fever, diarrhea and abdominal cramps.

If you think you may have contracted Salmonella from the tainted peanut products you should see your doctor and be tested for Salmonella. Testing will confirm both the fact that you have Salmonella (as opposed to some other intestinal illness) and also confirm that the strain of salmonella you have is the same strain indicated in this peanut product outbreak.

If you have a package of the recalled peanut products and believe you may have contracted Salmonella DO NOT THROW IT OUT!!! Instead, secure the package so that no one else will consume it, attempt to locate your sales receipt showing your purchase of the contaminated cereal and consult legal counsel immediately.

The Ziff Law Firm will be accepting salmonella cases related to this peanut product recall, as we have in previous food-borne illness cases.

Thanks for reading,

Adam M. Gee, Esq.

NY and PA 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

Mileage reimbursement may not seem like an exciting topic, but I’m here to tell you that this benefit can add up to real money that can make all the difference if you’re struggling to make ends meet on Comp. It never ceases to amaze me how many Workers’ Comp claimants, represented and unrepresented, don’t know that they’re eligible for mileage reimbursement.

Workers’ Comp claimants are entitled to mileage reimbursement round-trip from their homes to all medical, chiropractic and therapy treatment for their work related injuries (mileage to and from the pharmacy, the court and your attorney’s office are not reimbursable). The reimbursement rate from July 1, 2008 to January 1, 2009 was 58.5 cents per mile. The reimbursement rate after January 1, 2009 is 55 cents per mile.

Mileage is to be put on form C-257, commonly known as the M & T form, which refers to the fact that this form is to be used for both medical and travel expense reimbursement. We counsel our clients to submit the completed form to us and to let us know if they haven’t been paid in 6 weeks (45 days is the industry standard for mileage reimbursement). We submit the form to the insurance carrier and the Workers’ Compensation Board. If our client hasn’t been paid in 6 weeks, we’ll contact the carrier and if necessary we’ll request a hearing before a Workers’ Compensation Law Judge.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

If you’re on Workers’ Comp, I hope you read my “Ten Compmandments” in my blog post “Elmira Workers’ Comp Attorney Discusses the Ten Commandments of Workers’ Comp.” A guy by the name of Lee emailed me a great question about labor market attachment based on that blog post. His question was “if a case is closed and the claimant has been receiving a monthly check for over 10 years, does this claimant now have to find some kind of work or is this rule only applied to cases not yet settled?” The short answer is: YES! No matter how long you’ve been at a permanent partial disability, you have an obligation to look for work within your restrictions.

The other very important thing I want to mention is that the bad economy has nothing to do with your obligation to look for work. If you’re partially disabled, you have an obligation to make a good faith effort to look for work within your restrictions. The fact that the economy is bad only means that you may not get a job, but it doesn’t change your obligation to look for a job. If you’re partially disabled you should be applying for at least 2 to 3 jobs per week and you should make and keep a record of your efforts in a notebook. If you go somewhere to apply and they won’t take your application because they’re not hiring because of the bad economy, you should document that you went to the employer and that they weren’t taking applications.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com