Credentials Matter: Things to Check Before Choosing an Attorney

Posted on February 26, 2009 by Jim Reed

little-lawyer-with-law-degree Every attorney has some basic credentials in common: He had to graduate from high school, college and law school, and pass the bar exam in the state(s) in which he practices.

I will be the first to tell you, however, that the ability of two lawyers with credentials that look identical can often be miles apart.

Think about it. Everyone knows someone they can’t believe is successful, and the same goes for lawyers.

I personally know lawyers who went to great law schools whom I would never refer a client to. I also know other lawyers from not-so-great law schools who are nonetheless excellent attorneys who achieve great results on behalf of their clients.

Credential clues

There are a few things in a lawyer’s credentials that may suggest he may be better qualified to handle your case:

Membership in professional associations related to the type of law your case is regarding (i.e. bankruptcy law, personal injury or malpractice law). Be aware, however that this clue may or may not tell you whether an attorney is right to handle your case. Many professional organizations only require the payment of a membership fee to join. On the other hand, membership does suggest your potential attorney is at least interested in networking and learning more within the field.
Selections for merit-based or invitation-0nly organizations. This is a better indicator than simple membership in a professional organization. Attorneys must be invited to join these groups. I, for example, was invited to become a member of the Multi-Million Dollar Advocates Forum. My partner, Carl Hayden, was selected as a Fellow of the American College of Trial Lawyers, an honor bestowed on less than 1% of lawyers. Carl and I have both been selected as NYSuperLawyers by our peers. I don’t tell you this stuff to brag….just to make the point that lawyers who are practicing at the high end of their area of expertise, generally have merit-based honors that they can point to.
Whether the lawyer has been invited to lecture other lawyers on legal topics and/or authored and published articles in legal publications. Don’t hesitate to ask your prospective lawyer to tell you about his writing or lecture experience. It’s a sign that he is at the forefront of his practice specialty and respected by his peers. For instance, I was selected to write a chapter on handling Personal Injury Cases in the Courts of the Twin Tiers for a book published by the N.Y. State Bar Association.

Your choice of representation can have a profound effect on your level of comfort during the resolution of your case, and on its outcome. I’ve written a book, “The Five Deadly Mistakes That Can Kill Your Accident Case” that explains in great detail the steps you should take in selecting an attorney. Checking credentials is only one part of the process. Please follow the link above to my free book to read some of the other steps in the process.

Bottom line is that choosing a lawyer is VERY important so take the time to choose carefully!

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

Fairytales Insurance Companies Would Love For You to Believe

Posted on February 26, 2009 by Jim Reed

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Why do we enjoy fairytales? Because they paint a picture of the world that we would like to be true. Bad people get punished, good people live happily every after, and slimy frogs are just a peck away from turning into princes.

Yeah, right.

Dream on. If you are a New York or Pennsylvania car accident victim, you need to be clear of illusions when it comes to dealing with insurance companies and choosing a lawyer.

Common myths about accident cases

If you write the insurance company a letter and are reasonable, you will get a reasonable settlement offer. Not true. The insurance company’s goal is to protect its profits, not to be your benefactor.
When you are in an accident and the insurance company calls you to ask for a recorded statement, you are required to give them a recorded statement or they won’t settle with you. Not true.
All lawyers who advertise that they handle accident cases have the same abilities, tools and experience to handle your case. Absolutely untrue. Lawyers specialize in practice types, plus they vary in skill and experience.
The insurance company for the person who hit you is obligated to pay your medical bills as they are incurred. That may end up being the case, but the insurance company will not volunteer to pay your bills.
The tort liability system is some sort of lottery that will help you get rich. Absolutely not.
Just because there has been an accident and it wasn’t your fault, there must be some insurance company that will pay for your medical bills, lost wages and injuries. That is a nice fantasy.
If a lawyer refers you to a doctor, that is a good idea. Doctors who do examinations for the insurance company are not as “independent” as you might think. The insurance company’s goal is to diminish or discredit your medical claims.
Juries in New York and Pennsylvania are generous. Make that fair, but exacting. You need to have your case clearly laid out and be prepared to contend with the lawyers of the insurance company.

BEFORE making ANY decisions in handling with your accident case, you should read my book, “Learn the Five Deadly Mistakes That Can Kill Your Accident Case.” I wrote it to offer accident victims good, useful advice about their New York or Pennsylvania personal injury claims.

Read it BEFORE you talk to an insurance adjuster or an attorney who wants you to come in for a “Free Consultation.” It will clear your mind of myths and keep you from making mistakes that could kill your accident case.

Thanks for reading,

Tough Insurance Lesson Learned From Local Restaurant Fire

Posted on February 25, 2009 by Jim Reed

It’s been big news in the Twin Tiers: landmark Corning eatery Sorge’s suffered a devastating fire in December.

There are plans to rebuild, but issues have come up in the aftermath of the fire that are important lessons to everyone who depends on insurance to come to the rescue after an accident. And who doesn’t fit that description?

In a recent story, “Sorge’s Restaurant was ‘Under-Insured,”‘Owner Says,” WETM reported that Mike Sorge wished he would have re-evaluated his insurance policy before the flames broke out. Sorge found that the “replacement cost” policy he had won’t cover the costs of restoring the restaurant.

Sorge’s learned the hard way – having the wrong insurance or not enough of the right insurance can cost you A LOT of money. Lots more than you would have paid in premiums to have the RIGHT coverage.

I am no expert on fire insurance, but I have learned a lot about auto insurance in my more than 22 years of handling car accident cases. That’s why I wrote a small, but informative book about car insurance coverage that EVERY New York resident should have. If you are from New York state, you NEED a copy of “Learn the Five Secrets to Buying Auto Insurance.” Click on the title to follow a link to your FREE copy. insurance_book

What you can learn from my New York auto insurance book:

How you can figure out exactly what situations you are covered for.

How you can know your insurance agent is telling you everything you should know.

How to select the best insurance plan for your family

Mike Sorge is sharing his hard-earned knowledge with other small-business owners in a series of Disaster Preparation workshops. When you know something from experience, that isn’t common knowledge and can help people, you want to share it. Take advantage of what I’ve learned through the years by getting your free copy of my book.

Thanks for reading,

Accident Advice Part Two: Can I Sue My Spouse Who Was Driving?

Posted on February 24, 2009 by Jim Reed

In a recent blog post, about a possible airbag lawsuit, I began addressing some questions from a mother who had a single-car accident with her husband and child as passengers. Since no other vehicles were involved, one question this family had was: “Could the husband sue the wife and her insurance company because she was driving?”

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Let me explain the legal difficulties with this issue.

First, while New York does permit one spouse to sue the other, most NY insurance companies specifically exclude liability coverage for actions between spouses. You would need to check your auto policy to see what it says.

TIP: I strongly recommend to my clients that they request – and pay the extra premium for – spousal coverage. That additional premium is very small and it provides you with very important coverage if your spouse screws up while driving.

Second, unless you suffer a serious injury (see our FAQ about the definition of serious injury) New York does not permit you to bring a lawsuit after a car accident. I explain this issue in more detail in my blog post about serious injury.

It may take some time for the full extent of injuries to be apparent, so do not be hasty in making decisions. However, remember the following:

TIP: The New York State time limit in bringing an injury case is 3 years from the date of the accident. In Pennsylvania, the limit is 2 years.

Please feel free to e-mail me with questions about the legal issues surrounding car accidents and personal injury cases. And keep checking the NY Injury Law Blog for more information about these complex topics.

Thanks for reading,

Accident Advice, Part One: My Airbags Didn’t Work – Do I Have a Case?

Posted on February 23, 2009 by Jim Reed

Imagine you’re driving on a winter morning. Your spouse and your toddler are in the car, one on the way to work with you, the other destined for day care. The roads are icy – suddenly you lose control of the vehicle. It veers off the road and strikes a tree head-on.

Luckily, in the aftermath there are no broken bones, no bleeding. Everyone is outwardly fine – but the dual front airbags didn’t deploy. You’d noticed an airbag warning light on the dash when you bought the used van a few months ago, but the dealership hadn’t taken care of it – even though you’d pointed it out and they had assured you it would be fixed.

As the weeks go on after the accident, you and your spouse keep experiencing severe neck and back pain. You’re each seeing a chiropractor twice a week, and undergoing a battery of testing.

A woman recently e-mailed me to ask for my advice about this exact scenario. She had two specific legal questions:

“Do I have a case because my airbags didn’t work?”and “Is it possible for the passenger spouse to sue the driver spouse for damages?”

I’ll address these issues in two blog posts (follow the link here to find my answer about suing spouses).

Can I bring a lawsuit if my airbags didn’t work? Maybe…. Maybe not…..

In this woman’s E-mail, she told me that the injuries suffered in the accident were relatively mild– scrapes and bruises– NOT broken bones or other more serious injuries. Given these relatively minor injuries, I had to break it to her that it did NOT make sense to pursue a lawsuit due to the airbags failure to deploy.

Here is what I told her:

I cannot recommend a personal injury lawsuit due to the airbags’ failure to deploy. You should know that airbag cases are notoriously difficult and very expensive to prosecute.

While it certainly sounds as if the dealership failed to ensure that the airbags were working properly, there are two things you would have to do to have a case:

You would have to have expert engineering testimony as to WHY the airbags did not deploy.
You would have to offer expert medical testimony proving that you would NOT have been injured (or injured less severely) had the airbags deployed properly.

Because experts are very expensive, the only airbag cases we can seriously consider are those with multiple catastrophic injuries or death.

Sad to say, but the potential recovery in a case dramatically impacts those cases that it makes sense to pursue versus those cases we must regretfully decline…..

I had to turn down this case, but it made me realize that there may be other accident victims out there with the same questions. Please feel free to contact me if you or someone you know has been in a car accident. I’ll do my best to answer your questions promptly and accurately. More options are to request copies of the two books I’ve written, one about NY auto accidents and the other, NY auto insurance, and to visit the Ziff Law Firm’s Accidents and Car Crash FAQ’s.

Thanks for reading,

Taxes and Your Personal Injury Settlement – What You Need to Know

Posted on February 20, 2009 by Jim Reed

A lot of thought and worry goes into the preparation of a personal injury lawsuit – including choosing an experienced attorney – but there are also issues accident victims must consider after the successful pursuit of a settlement.

One of the reasons I write for the NY Injury Law Blog is to answer questions that people commonly have about personal injury settlements. The Ziff Law Firm’s Accident and Car Crash FAQs are a fantastic resource for learning what you need to know. Here’s an excerpt from the FAQ on an important issue: Income taxes

Do I have to pay taxes on a personal injury settlement?

No, generally you do not have to pay taxes on a settlement. In New York and Pennsylvania, compensation for your injuries and pain and suffering is tax free.

There are a few exceptions (aren’t there always?!), however. Taxes may be due if:

A portion of your settlement was specifically designated as compensation for lost wages.
In a death case, an award for pain and suffering is generally taxable to the estate. In some instances, there are legal ways to allocate the monies to the “wrongful death” cause of action (which is not taxable to the estate).
It’s probably obvious, but remember when you invest settlement proceeds in taxable investments, any profit or gain is taxable.

A knowledgeable personal injury attorney is aware of these exceptions and will make sure that your settlement is properly structured so as to avoid or minimize any taxation.

It’s bad enough being injured, and then having to bring a lawsuit to obtain proper compensation and payments for your disabilities. Can you imagine the additional ordeal of having to pay income tax on that money?

Fortunately, the government does not classify injury settlements as “earned income,” but as what they truly are: just compensation for pain, suffering and disabilities caused by someone else’ s carelessness.

Thanks for reading,

Eight Powerful Reasons to Hire a Local Attorney

Posted on February 19, 2009 by Jim Reed

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People often ask me, “Should I hire a local attorney?” There’s a temptation to hire an attorney based on advertising, even though that lawyer may be in a distant city.

My response is that I am strongly of the opinion that hiring a local attorney is almost always better – IF there is a good local attorney experienced with your type of case.

Why do I think this? Let me count the ways…

Local attorneys:

Are much more convenient to meet.
Know local judges and lawyers.
Are familiar with local court personnel and the quirks of getting things done in local courts.
Know the insurance adjusters who handle cases in your area.
Are familiar with area doctors and their medical staff – from whom cooperation is really important.
Know the local police and investigators who can be crucial to an accident investigation.
Understand the local roads, the local bars and the local witnesses. They frequently have general background information that can assist them in understanding your case.
Are NOT “in cahoots” with opposing counsel or insurance adjusters. I am in business to get as much money for my clients as possible. By doing so, I maximize my attorney fee.

I feel my knowledge of my local opponents (and their knowledge of me) helps me do BETTER for my clients. I know who can be trusted, and who shouldn’t be. In other words, the local knowledge HELPS.

This post is not meant to suggest that you should ALWAYS use a local attorney. There are some circumstances when you need an attorney from outside of your area.

To review my pointers on when and why you might have to seek an attorney from beyond your region, you need to read my book, “Learn the Five Deadly Mistakes that can KILL Your Accident Case!” (it’s FREE for New York or Pennsylvania car accident victims). There are two types of cases in which your best interests might be served by a distant lawyer. Even in those cases, however, your hometown lawyers may be of help in finding the best representation for you.

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

Beware the “Good Cop” Insurance Adjuster, Elmira Attorney Warns (zifflaw.com)

Legal Malpractice: When Lawyers Sue Lawyers

Posted on February 18, 2009 by Jim Reed

j0305893 Suppose, for a moment, that you hire a lawyer to represent you in a personal injury case. You received multiple fractures when a tractor trailer came across the center line into your lane of travel. The lawyer tells you he is confident he can generate a large settlement, but that it may take some time because the truck driver claims you came into his lane of travel. He intends to hire an accident reconstructionist to prove that your version is the correct one.

And so you wait. And wait. And wait. Your calls are returned, but nothing seems to be going on. You are frustrated, but confident your lawyer knows what he is doing. You trust that it all will end well. But it doesn’t. Three years pass and one day your lawyer calls to inform you that he is mortified, but he failed to put your case in suit within three years and now your claim is barred by the Statute of Limitations. You may no longer sue the trucking company or its driver. You have lost your claim.

Outrageous? To be sure, but unfortunately it happens more than members of the profession wish to admit. And, indeed, you have lost your claim against the trucking company and its driver. But you are not without a remedy, because the reason your claim is barred is a direct consequence of the negligence of your lawyer. You now possess what is called a Legal Malpractice claim.

Legal Malpractice claims are different than other negligence cases because they are really two cases rather than one. To prevail, you must prove that your lawyer deviated from good and accepted legal practice. On our facts, that proof is not difficult. Your lawyer let the three year statute of limitation run without suing your case. That part of your Legal Malpractice case is a slam dunk.

But the lawyer handling your Legal Malpractice claim must prove more than the prior lawyer’s negligence. He or she must also prove the original case. There are two cases, then, that your new lawyer must prove: one against your former lawyer and one against the trucking company and its driver. And on the facts I have offered, the second part of your case may be problematic because there will likely need to be a trial to determine whose account of how the accident occurred is truthful.

The trucking company, if there is any basis for believing the version claimed by its driver, will likely hire its own accident reconstructionist to come testify that the physical evidence (photographs, debris, vehicle damage, etc.) point to the impact as having occurred in the trucker’s lane of travel. They will seek to discredit your version of how the accident occurred. What will be different, however, is that the defense lawyer will be a person hired by your first lawyer’s malpractice insurer, not by the insurance company for the trucking company.

This case can still settle. Most do, particularly if the physical evidence does not strongly support the trucker’s version. But in the hypothetical case I have created, it is likely that the physical evidence was at least equivocal if not supportive of the trucker. That would help to explain why three years passed without the trucking company’s insurance carrier having made a significant settlement offer.

Legal Malpractice litigation is more complex than garden variety negligence litigation. Not many lawyers have experience prosecuting these cases. The Ziff Law Firm has been handling Legal Malpractice claims and obtaining good results for years. We would be happy to have a look, without charge, at yours.

Thank you for reading,
Carl
_________________________________________
Carl T. Hayden, Attorney
Fellow of the American College of Trial Lawyers
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Phone (607) 733-8866
Fax (607) 732-6062
Toll-free 1-800-943-3529

mailto:chayden@zifflaw.com
www.zifflaw.com

Schuyler County Bans Dangerous Texting While Driving

Posted on February 17, 2009 by Jim Reed

OMG, is it really worth risking your life to send a text message?

Apparently, to some drivers it is. Texting while driving is believed to be a factor in – or even the sole cause of – a growing number of car accidents.

It’s common sense that you shouldn’ t be typing and driving at the same time. That’s why I say kudos to the Schuyler County Legislature for passing a measure that bans text-messaging on the county’s roads. The ban was passed unanimously on Feb. 10.

As a clip from MSN Video, “Car accidents caused by texting on the rise” shows, authorities can be hampered by the lack of laws against texting while driving. Police may realize a driver is texting, but without a specific law against texting, have to wait until the vehicle commits a traffic violation to stop the car.

The Schuyler County ban on texting while driving is a GREAT new law that I think every county, state, the entire nation, should adopt ASAP.

You can’t trust people not to text

In a post on InjuryBoard.com, “Most Americans Want to Ban Texting While Driving,” it was reported that a national poll found 91% of people thought texting while driving was dangerous, but 57% of those polled admitted doing it!

And 66% admitted to not texting exactly, but just reading text messages and e-mails while driving!

Here we have an activity that is obviously dangerous, but people still do it.

It’s convenient. They think “I can handle this.”

When you have a gap between what people know they should do – and what they are actually doing – that’s when to step up and pass a law that adds extra incentive to do the right thing – the safe thing.

The Schuyler County ban calls for a fine of not more than $150 for anyone caught texting while driving.

Thank you to the Schuyler County Legislature for being proactive and progressive. WTG.

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

NY Injury Lawyer Announces Peanut Company Responsible for Salmonella Outbreak Declares Bankruptcy!

Posted on February 16, 2009 by Adam Gee

pca-photo Peanut Corporation of America (PCA), the company responsible for the nationwide salmonella scare involving peanut products, has filed for Chapter 7 bankruptcy protection. The bankruptcy filing comes as no surprise. The hundreds of people sickened by Salmonella will result in millions of dollars in claims against the company. Additionally, the millions of dollars in products which have been recalled will result in additional claims against the company by the purchasers of the tainted peanut products.

PCA’s insurer, Hartford Casualty Insurance, has filed a lawsuit in an effort to limit its liability.

PCA’s products have been linked to nine deaths and 636 cases of food poisoning in 44 states, including one case in Steuben County, New York, and more claims are expected to follow. Records released during congressional hearings last week showed the company continued to ship its products even after they tested positive for the deadly bacteria.

The bankruptcy filings show that the company carries debt with between 100 and 199 creditors and faces between $1 million and $10 million in liabilities.

The bankruptcy filing has the effect of “staying” all claims filed against PCA, but does not bar new claims from being filed. A “stay” means that all filed claims are stuck in limbo, with neither side able to conduct any action in relation to the claim. An action can be brought in Bankruptcy Court to lift the stay.

Reports indicate that PCA carried only $24 million worth of liability insurance to satisfy all claims. This means that anyone having a potential claim should act immediately to preserve their rights.

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 product 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

Credential clues

Common myths about accident cases

What you can learn from my New York auto insurance book:

TIP: I strongly recommend to my clients that they request – and pay the extra premium for – spousal coverage. That additional premium is very small and it provides you with very important coverage if your spouse screws up while driving.

TIP: The New York State time limit in bringing an injury case is 3 years from the date of the accident. In Pennsylvania, the limit is 2 years.

Can I bring a lawsuit if my airbags didn’t work? Maybe…. Maybe not…..

Do I have to pay taxes on a personal injury settlement?

Local attorneys:

Are much more convenient to meet.

Know local judges and lawyers.

Are familiar with local court personnel and the quirks of getting things done in local courts.

Know the insurance adjusters who handle cases in your area.

Are familiar with area doctors and their medical staff – from whom cooperation is really important.

Know the local police and investigators who can be crucial to an accident investigation.

Understand the local roads, the local bars and the local witnesses. They frequently have general background information that can assist them in understanding your case.

Are NOT “in cahoots” with opposing counsel or insurance adjusters. I am in business to get as much money for my clients as possible. By doing so, I maximize my attorney fee.

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You can’t trust people not to text