For the next 30 days, in the spirit of Trick or Treat and good fun, the Ziff Law Firm will send a batteryless flashlight to any New York resident who can post as a comment to this blogpost, an original good reason why a represented Workers’ Compensation claimant should talk to any representative of the insurance company.

The flashlight is pictured in this post. It doesn’t require batteries and don’t ask me how it works. It’s approximately the size of a business card, but gives off a surprising amount of light.

My 5th Commandment of Comp is: Do not talk with insurance company claim representatives or investigators. Inform them that you’re represented and let your attorney talk to them. I said that in my “10 Commandments of Workers’ Comp” and I stand by that statement.

I issue this challenge in the spirit of good fun and I promise to use good faith in deciding whether or not an answer qualifies for a flashlight. As I said, to qualifiy the answers have to be posted as original comments to this blogpost.

By the way, I didn’t talk to my managing attorney about this so I reserve the right to withdraw this offer if he pitches a fit. I don’t expect to send out a single flashlight, but I look forward to any and all comments.

Good luck and thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14901
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

The Institute of Medicine, a non-profit and non-partisan watchdog group, reports that 98,000 people die in the United States each year as a result of medical malpractice.

That converts to an average of 268 people dying daily. Can you imagine the news coverage if, every single day, a preventable disaster – a plane crash, a train wreck or a highway pile-up – caused that death toll?

Things would change, and change fast.

I recently came across a compelling breakdown of medical malpractice cases on the Day on Torts blog by Tennessee attorney John A. Day.

In the post “New Medical Malpractice Filing Numbers,” Day put a regional twist on national figures concerning medical malpractice cases, presenting statistics specific to Tennessee. I’m going to do the same for New York state – and the results are pretty scary.

In any state, too much loss of life

New York contains close to 19.5 million people; the USA’s total population is about 304 million. That means 15.5% of the U.S. population lives in New York.

Statistically, of the national 98,000 deaths a year from medical malpractice, New York sees about 14,700. Breaking it down further, there are about 40 deaths PER DAY in New York state caused by malpractice.

Some ways to consider the shocking number of preventable deaths from an even more local perspective:

• Every six weeks, you could more than fill the Clemens Center’s Powers Theater in Elmira with the number of people who lost their lives to medical mistakes or negligence, just in the state of New York.
• Imagine a full, 36-seat bus, plus a driver and three people standing in the center aisle. That many people lose their lives each day.
• The number of people killed medical malpractice deaths in New York annually would fill the First Arena to capacity close to 4 times.

Sometimes facts do not really come home to roost until you can think of them in close-to-home terms. I owe the idea of reworking the national statistics to John A. Day. I think it is an important way to rid yourself of two head-in-the-sand ideas: Malpractice doesn’t happen often (WRONG) and malpractice doesn’t happen in my area (WRONG AGAIN).

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

Free is ALWAYS good in my book!

There is a great new FREE resource available to all New York and Pennsylvania car accident victims. AccidentSketch is a online utility that anyone can use to graphically document a car accident. The service is free and doesn’t even require registration!

Why Drawing an Accurate Accident Sketch is Important

Insurance companies, courts and lawyers all require detailed depictions of an accident to successfully resolve claims for compensation. Often there will be disputes about where each car involved in an accident was prior to, during or after the car crash. Ther may be disputes about the direction of travel for each car. There may be disputes about what car had the right of way at the time of the accident.

Experienced accident lawyers know that working with an accident sketch is a great way for your clients to discuss with you the details of EXACTLY how an accident occurred.

I discovered the existence of the AccidentSketch service through the Lifehacker weblog. I think it is a fantastic tool to ease the process of making an accurate accident report – and it puts the means in the hands of the people who were involved in the crash. AccidentSketch is one of those tools that is essential, once you know it’s out there.

One Warning!

Because it is critically important that an accident sketch be as accurate as possible, I would strongly urge anyone who was injured in a car accident to consult with an experienced accident lawyer BEFORE submitting an accident scene sketch to any insurance company. Why? Because anything you submit to an insurance company, even your own insurance company, may be used against you by the insurance company for the other driver involved in your accident. Accordingly, you want to make certain that the sketch is 100% accurate and there is nothing in the sketch that might shoot you in the foot…..

How AccidentSketch works

The software is amazingly simple to use. All of the standard road elements are already created – just put them together like a puzzle to recreate the circumstances of an accident.

First, you select road “pieces” to map an accurate depiction of the road, be it a curve, a urn, an intersection or other type of street. The pieces drag and snap into a grid at a scale of 1:100.

Then select your vehicle type (trucks, motorcycles, bicycles and pedestrians are also options) and place it in the road map you created. You can choose vehicle colors and input license plate numbers.

Continue to add vehicles and other details, such as traffic signs, lights, arrows, braking marks and more, until you have an accurate drawing of your accident.

You may even create a time-lapse version of the accident, by placing multiple images of vehicles on the map and using arrows to show their courses of action.

To complete your account of the accident, AccidentSketch allows you to type in a text report, where you can explain the accident in depth.

At this point, without paying a fee and with minimum effort, you will have a detailed, accurate and easy-to-follow accident report that will be invaluable information in settling insurance claims or a court case. Check out this sample: AccidentSketch-example.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
New York Accident Lawyer
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

I recently received a question from a NY Injury Law Blog reader about a vital concern for many Americans: What are the consequences of ENORMOUS medical bills for families or individuals unable to afford health insurance?

I believe the question, and my reply, will resonate with many readers – especially during this time of high unemployment in New York and Pennsylvania. With the e-mail writer’s permission, I have put together this post in the hope that it will inform readers with the same worries.

Hi Jim,

I was reading your article online and was wondering if you might be able to point me in the right direction here, or advise on what kind of lawyer I need to find (there are so many different kinds!) …

If a couple has no health insurance and they get into a catastrophic health issue, like a major disease or accident, what happens financially? Would they be forced to liquidate their house and/or retirement accounts, and other savings?

Could someone’s entire wealth be wiped out? Or would there be reasonable payment plans or other recourse?

Who could “force” them to liquidate anyway? If they owed the doctors and hospitals six figures, could they just pay what they can each month? Can the hospital/doctors “force” them to liquidate their life savings? Does that happen often?

Thanks,

Rick

Dear Rick:

You ask a truly great question. To answer your question bluntly: Yes, uninsured folks can be financially devastated by the staggering costs of medical treatments.

The bottom line is that my law partner, who is a bankruptcy lawyer, tells me that approximately 75% of all the bankruptcy cases he handles are because of HUGE uninsured medical expenses.

Contrary to conventional wisdom, these folks filing for bankruptcy are good, hard-working folks who merely had the misfortune of getting sick.

Medical providers, just like any other creditor, can pursue a judgment against you for their unpaid bills and once they get that judgment they can collect by all the typical collection methods – wage garnishment, liens against your home, etc.

I am sorry to be the bearer of such bad news, but your question brings in to sharp focus just how important it is for people to have health insurance.

Thanks,

Jim

Even though our exchange may not have offered the answer my reader hoped for, I was glad to share the response, and I hope it gives him something to work with.

I feel that it is important to share what I have gleaned from 20-plus years as a personal injury and medical malpractice attorney in New York and Pennsylvania, so I encourage readers of this blog to e-mail me with questions. I may not always be able offer good news, but forewarned is forearmed.

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 New York Post recently reported on a technological innovation that could radically change trial cases in the future.

In the story “Facts can’t es-Skype” (Julia Dahl, 9/25), the Post described how a Queens judge used the Internet service Skype to resolve a civil trial.

Skype, in case you haven’t tried or heard of it, is a program that will allow you to make free phone calls over the Internet. With a Web cam (a fixture of most laptops now) you can not only hear but also see the person you are talking to.

“No more wasting time. All we need is a Web cam and Skype,” Queens Supreme Court Justice Martin Ritholtz said. “It’s so easy technologically.”

The plaintiff in the case, 53-year-old Jasmer Singh, now lives in India. But in 2001, he was injured in a car accident in New York City, and he was seeking money from Allstate to cover his medical expenses.

By using Skype to take his testimony, the judge saved everyone involved lots of time, aggravation and money. A win for all around, but probably felt the most by Singh, who was awarded $15,000 for pain and suffering.

The news story said this was probably the first use of Skype to resolve a court case in this country. It won’t be the last, I’m sure.

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

Having handled too many tragic boating accident cases over the years, I am in favor of any new laws that contribute to better safety on the water.

In September, New York became the first state with a comprehensive life jacket law that will save lives during some of the most dangerous months of the year for boaters. Fall into spring, the waters in our region are colder and deadlier.

Lifejackets are now required for EVERYONE in all small pleasure craft during the six coldest months of the year, when capsized boaters drown faster in chilly water. According to an Associated Press story on the new law, “Falling into cold water can trigger shock, disorientation or gasping and inhaling water. Immersion can lead to hypothermia and passing out.”

Starting Nov. 1, anyone out on the water in a craft less than 21 feet long must be wearing a Coast Guard-approved personal flotation device.

The rule, in effect through May 1, applies to kayaks, canoes and motorboats on lakes, waterways and the ocean.

If you are foolish enough to break the new law, you could be in for a fine of $100 to $250.

We have so many beautiful lakes in the Finger Lakes, each with its own distinctive character. Lamoka Lake and Waneta Lakes, small enough to freeze over in the winter and provide an escape for ice-racing or ice-fishing.

Seneca Lake offers spectacular views, wineries (the biggest Wine Trail in Finger Lakes wine country!) and fantastic boating. I think its very depth (estimated to be up to 630 feet) adds to its calm – and is one of the best insulators for the micro-climate that makes vineyards viable in this area of upstate New York.

Cayuga Lake has the inlet, with great restaurants and the Ithaca Farmers Market; Keuka Lake offers charming Hammondsport, of course. And Keuka Lake — a Y-shaped lake is a real-estate dream. I think the view from the deck at Esperanza Mansion rivals anywhere in Europe. The Finger Lakes is the most beautiful lakes region in the world. after all (see my previous blog post, “Finger Lakes Tops List of ‘World’s Best Lakeside Retreats’ “).

I don’t want to miss mentioning the smaller Finger lakes, Conesus, Cazenovia and Hemlock, as well as the “thumb,” lovely Oneida Lake.

In the Rochester area, you can enjoy a historic waterway, the tranquil Erie Canal. A little close to home, at least from my perspective in Elmira, we have the gorgeous Chemung and Susquehanna rivers.

The point I mean to make is that we have a unique and wonderful access to an incredible natural resource. There is no reason to take an unnecessary risk, and the new life jacket law is an added incentive to do the safe thing.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
NY Boating Accident Lawyer
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

Where do drivers ignore the speed limit? A clue – it’s not a superhighway, the Autobahn or a racetrack.

It’s the same place drivers also ignore poor road conditions. But it’s not an off-roading park.

The place where most of our nation’s traffic fatalities occur is a situation many Twin Tiers drivers see every day: a rural road.

Unfortunately, it’s also a place with a double danger. Not only do most traffic accident deaths happen off the major highways, by their very nature rural roads take emergency services more time to arrive at the scene.

I’ve written about some of the most dangerous roads in the region before on the NY Injury Law Blog. As New York accident lawyers, we have handled WAY too many cases on these roads:

• Route 352 between Elmira and Corning is a busy road with some serious curves, but many drivers apparently see the open farmland and figure the speed limit is optional.

• County Route 64 in Big Flats and Horseheads, the rural road that passes into the busy snarl of traffic for Consumer Square in Big Flats. It’s a hub for commerce, all right, and traffic accidents.

• On Route 14 between Elmira, Watkins Glen and Geneva, drivers zip along at highway speeds, but there are many hidden drives down to lakeside properties, not to mention an active deer population.

I am revisiting this topic because of a recent USA Today story, “More Motorists Die on Rural Roads” (10/7, Copeland). The story exposes the fact that a majority of the nation’s traffic fatalities occur on rural roads. The National Highway Traffic Safety Administration found that in 2008, 56% of 37,261 traffic deaths occurred on rural roads.

It goes to show that the roads we take for granted as places to play with the rules are riskier than highways. The best solution is to hope that individual drivers take the statistics to heart and drive strategically for the safety of all.

In South Carolina, the state with the highest percentage of rural road accident deaths, lawmakers are making changes – roads are getting rumble strips and an anti drunk-driving task force formed in July aims to cut down the number of alcohol-influenced accidents. I searched for similar rural road safety initiatives in New York and Pennsylvania where I routinely handle car accident lawsuits but I was unable to find a single program devoted to improving the safety of our many rural roads. That’s really too bad…..

There was some good news to the NHTSA report: Overall, traffic accidents are down on all types of roads, across the nation. I think it shows that we can learn from our accidents – and strategies do work to make the roads safer.

Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
New York Car Accident Lawyer
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 aren’t many – or any, I’d like to think – industries where you can get away with charging exorbitant fees for services you don’t intend to provide. That, however, is exactly the swindle the medical malpractice insurance industry has been pulling off for years.

The American Association for Justice recently released a scathing report: “The Insurance Hoax: How Doctors and Patients Pay for the Huge Earnings of Medical Malpractice Insurers.”

What it boils down to is that medical malpractice insurers have manipulated the books to make it look as if they lost a great deal of money. The truth, according to the report, is that these insurance companies make higher profits than 99% of Fortune 500 companies. What’s more, this con is being perpetrated at a time when the country is so unhappy, unhealthy and disillusioned with health care that we are considering national reform.

The report has seven key findings I will re-list here. You can read the full text of the report at Justice.org, the homepage for the American Association for Justice.

1. The report analyzed the finances of 10 leading insurance companies. As I mentioned above, their profit percentage is higher than that of 99% of all Fortune 500 companies. It is also 35 times greater than the Fortune 500 average for the same time period.
2. Insurers have exaggerated losses, creating a myth of a medical malpractice insurance “crisis.”
3. Insurers underestimated profits. With adjustments, this tendency shows hidden profits going back for years.
4. Today’s profits, already the highest ever, will likely go even higher.
5. The doctored figures offered by insurance companies have altered policy on medical negligence. “Overblown reported losses were used by the insurance industry to justify new measures restricting the rights of those injured by medical negligence,” the report says.
6. Doctors have been hardest hit overall by these deceptions on the part of medical malpractice insurers. Doctors are paying higher and higher premiums for coverage that doesn’t truly protect them. The insurance companies sell it to doctors under the guise of being protectors.
7. Malpractice insurers have seen their profit margins range from 5.9% to 74.8%, with an average of 31.2%. Considering our health care costs and unemployment figures, that degree of profit is just shameful.

Given this data, you have to wonder why their hasn’t been more of a focus on limiting the record profits of medical malpractice insurance companies, rather than focusing on ways to limit a catastrophically injured person’s claim.

Hmmmm, wonder if it’s due to the fact that insurance companies have LOTS of powerful lobbyists while the malpractice victims have no organized lobbying groups……

Hate to say it, but as always, the big money guys crush the little guys who have no real voice.

I guess that’s why I love being able to be the voice for the little guys I represent. It may be David taking on Goliath but all it takes is a sling and one well-placed stone to slay the giant!

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
NY Medical Malpractice Lawyer
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

Related articles:

• Curbing medical lawsuits: What Obama really means (money.cnn.com)
• Are Malpractice Suits Going Away? (eyespi20.com)
• White House offers medical malpractice initiative (cnn.com)

MOTORCYCLE INSURANCE MISCONCEPTIONS PART 8 – MY INSURANCE COMPANY WILL TAKE CARE OF ME!

“Don’t worry, be happy – my insurance company will take care of me!”

Perhaps the most dangerous misconception people have is about the insurance industry as a whole. Some people feel that because they have insurance and pay their premiums every month that the insurance companies will take care of them when necessary. Sadly, nothing could be further from the truth. Year after year and case after case, I see just the opposite happen. I see insurance companies shirking their obligations even to their own customers. I see insurance adjusters lying to people about the laws governing vehicle collisions. I see insurance adjusters beating the ambulance to the accident scene in the hopes of having someone sign all their rights away in exchange for a few hundred dollars. Insurance companies are money making institutions. The only thing they care about is their bottom line. They love you when you send them a check every month and don’t submit a claim. When you have the potential to cost them money, the audacity to expect them to finally provide the coverage you have been paying for, they look for any excuse to keep from paying you a penny.

For a limited time, I am offering a FREE INSURANCE REVIEW! Send me a copy of your motorcycle insurance declaration page by fax or e-mail, and I will explain to you what your policy covers and what it doesn’t, and also recommend coverage amounts you should consider to make sure you are protected in the event of a motorcycle collision.

This post is the last in an eight-part series based on topics covered in my book, “Would You Ride Your Motorcycle Naked?” My book is available FREE to New York and Pennsylvania bikers, and to those whose loved ones are bikers. Click the link above to get your free copy now, before it is too late!

Thanks for reading,

Adam M. Gee, Esq.
______________________________
NY and PA Motorcycle Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

Social networking sites can sink cases, and attorneys MUST warn clients of the risk.

Consider the numbers:

• Facebook has 120 million members.

• MySpace, 70.5 million.

• Twitter, 7 million.

• LinkedIn, 8.4 million members.

Those figures will climb just during the time it takes to me to write this post. I haven’t even mentioned – yet – emerging sites such as Wikia, Zimbio, and Multiply.

With membership numbers like those above, and more online communities emerging, the Internet is about making connections, not keeping life confidential.

Personal injury attorneys need to ask clients if they participate in social networking, and caution them about the exposure it may give to their private lives and personal information. Your clients need to understand that information posted online is NOT PRIVATE.

Many people do not realize that if you have a Facebook account, the default privacy settings allow people who live in your region to see your page, EVEN IF THEY ARE NOT YOUR FRIENDS.

What does this have to do with personal injury law? It is SOP to alert plaintiffs to the possibility that they may be surreptitiously video-taped outside their homes. Have your clients considered if they want EVERYTHING they post online to be viewable by the insurance company’s legal team? OF COURSE NOT!

Plaintiffs in personal injury actions need to know that not only may their public profiles be viewed on such sites, but even private, restricted sites areas could be accessed.

Tell clients to think before they post, or Tweet or update …

An excellent article by Robert S. Kelner and Gail S. Kelner, “Trial Practice Social Networking Sites and Personal Injury Litigation” examines recent decisions about “intrusive adversaries” online. Some of the highpoints of that article are below:

By assuming other personas online, some insurance investigators have made connections with plaintiffs with the sole purpose of gaining access to private information and undermining their case. The Philadelphia Bar Association Guidance Committee called such subterfuge “inherently deceitful” and “unethical.” It is not the same as being monitored outside one’s home – as in the now seemingly quaint practice of video surveillance. Investigators may observe and record in public, but not by trying to pass themselves off as other people.

Legal Challenges to Cyber-Snooping…..

More and more, however, courts are being called upon to determine the access defendants’ legal representatives may have to plaintiffs’ personal information on social networking sites. Some judges have deemed it improper for plaintiffs to be contacted, even openly, in attempts to gain access to their private sites, “Such a request raises tension, familiar in personal injury lawsuits, between plaintiff’s desire to retain some measure of privacy over his personal affairs and defendant’s claim that it is entitled to prove for relevant discovery,” as Kelner and Kelner write.

Although adversaries may not be able to pose as “friends,” there are other means to access information online, and the legal issues become more complex as additional parties become involved.

Defendents’ legal counsel can try to:

• Contact the company that created or hosts the social networking site to try and access plaintiffs’ details directly.

• Ask for access to stored communications on the computers of plaintiffs’ connections, i.e. they may seek to obtain copies of e-mails sent to other people.

As a personal injury attorney, I don’t want anything to do with representing dishonest people. The point of this post is to be warn your clients about what they post on so-called “private” social-networking sites. Tell them they need to be totally honest with you, but that it is important to be aware that insurance companies will use EVERY means available to weaken a personal injury case against them.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
NY & PA 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