Insurance companies have a ploy they use to cut costs. They offer a small amount of money right away, hoping accident victims will sign away their rights to sue.

NEVER take an insurance check without first consulting an attorney. You need to make an informed decision about what is in your best interest.

Whom is it smarter to listen to – your attorney whose fee is derived from your settlement, or the insurance company, who is trying to pay you as little as possible?

There are three very important things you should consider if you are wondering if you NEED to hire a lawyer to handle your accident case.

1. PEOPLE REPRESENTED BY AN ATTORNEY GET 300% MORE THAN UNREPRESENTED PEOPLE! A national study found that that injured persons who were represented by an attorney received 300% more than persons who settled their claims without a lawyer. Even after deducting the standard lawyers’ fee of 1/3, those claimants who hired representation netted twice as much as those who accepted an insurance company’s settlement.
2. If you think you might go to trial to seek a larger judgment, only an experienced attorney is qualified to assess the potential of your case. Though going to trial can take a long time, in many cases the return in the judgment in court is MUCH larger than the insurance company’s low-ball settlement offer. You have to weigh the “bird in the hand” settlement against the risk of going after a greater verdict. An accomplished lawyer can help you make this tough decision – based on their experience in handling similar cases.
3. The insurance company has attorneys to protect their profits – shouldn’t you have one to ensure you get a fair settlement? Every time one of my client’s tells me that the insurance adjuster told them that they didn’t “need” to hire an attorney, I tell them to ask the adjuster if the insurance company has their own attorneys? If they honestly answer the question, “Yes, of course we have company attorneys”, then ask why is it that the insurance company needs their own attorney while they are recommending that you do NOT need YOUR OWN ATTORNEY? That usually stops them dead in their tracks…

The personal injury attorneys at the Ziff Law Firm, (Carl Hayden, Jim Reed and Adam Gee) will consult with you to see if you need to have them represent you or not. Just call us at 1-800-ZIFFLAW or e-mail us at info@zifflaw.com and we will be happy to speak with you right away.

The bottom line: Yes, attorneys have fees, but in the long run, it could cost you a LOT more NOT to hire one.

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

How often you you get to put attorneys to work for you – for FREE?

Here’s a golden opportunity to tap into the legal expertise of the attorneys at the Ziff Law Firm. We created this blog and the ZiffLaw website to share information with current and potential clients. It’s a new line of communication with the community we serve.

Here are some ways you can put this blog to work for YOU:

Subscribe to our blog

When you visit the Ziff Law Firm’s NY Injury Law Blog, you can subscribe via e-mail or RSS feed. Just click on the orange “Get Blog Updates” button to choose the means – from AOL to Windows LIVE – by which you can receive the latest blog entries as soon as they are posted.

E-mail us directly with your questions

Don’t be shy. We welcome your e-mails and will do our best to answer your questions. Each name links to an online biography, where you can read more about our practice specialties, our credentials, and what we are like as people.

• James B. Reed, Personal Injury, Medical Malpractice and Legal Malpractice: jreed@zifflaw.com
• Adam M. Gee, Personal Injury and Malpractice: agee@zifflaw.com
• Eric Johnson, Workers Compensation and Social Security Disability: ejohnson@zifflaw.com
• Christina Bruner Sonsire, Personal Injury and Medical Malpractice: csonsire@zifflaw.com

Sign up for our newsletters

You can read and download past editions of our print and electronic newsletters, aptly named “Legal News YOU Can Use!” Each issue is packed with information – we explain local issues as well as the big trends in jurisprudence.

Our newsletters can also be your invitation to informative seminars hosted by the firm, and/or discounts on legal services. Click on the title to find out about subscribing.

Don’t forget about the Search box

The NY Injury Law Blog contains more than a hundred entries by Ziff Law attorneys. We write about local events and big legal issues. We answer your questions or share challenges that came up in our practices. There’s much more, too. To find exactly what you may be looking for, use the “Search” pane and type in keywords for the topic that interests you. For example, personal injury, medical malpractice and insurance settlement all bring up informative results.

Talk back to us

We are lawyers. We like to exchange ideas (OK, I’ll admit it, we LIKE to talk talk talk). Tell us what you think about the posts we make. You can say thanks for the information – a pat on the back is always welcome – or let us know why you disagree. Let’s get a conversation going. It’s one of the ways you can get real value out of the NY Injury Law Blog.

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

An auto accident can happen at any time, to anyone. As a personal injury attorney handling car accident cases in New York and Pennsylvania, believe me I know the devastation that can quickly happen on the road. If you are involved in a car crash that causes personal injuries or serious property damage, there are many complicated issues concerning fault and recovery. It is best to consult an experienced personal injury attorney quickly.

My experience has given me a perspective and knowledge that I like to share here in the NY Injury Law Blog and in the Ziff Law Firm’s Accidents and Car Crash FAQs. Here, I’d like to explain some of the information it’s important to get after an accident occurs.

First, let me note that it is EXTREMELY IMPORTANT to do three things after a serious accident.

You MUST:

• Stay on the scene.
• Aid the injured.
• Call the police.

Now, if you are not seriously hurt yourself, here’s how to be a good reporter after an accident and strengthen your case.

Write down the details of your accident. Note the time of day, weather and road conditions.

Make a diagram of the accident. Note the location of the vehicles, crosswalks, stop signs and traffic signals. Mark the location of any skid marks and note their length.

You must exchange information with the other driver and be sure to get the following:

• The other driver’s name, address, phone number, driver’s license number, insurance company name and the policy number. Ask the other driver if he or she is the owner of the vehicle. If not, you must get the name, address, phone number, insurance company and policy number of the vehicle’s owner.

• It’s pretty common knowledge that you should exchange information with the other driver. But did you consider passengers and witnesses? You should get the names, phone numbers and addresses of all passengers and any witnesses to the car accident.

Take pictures of the damage to your vehicle before you have it repaired, as well as any visible injuries you or your passengers suffered.

If you are a good reporter after a car accident in NY or PA, the information will help your attorney protect your rights. Because witnesses forget details, the better a record you keep – and the sooner you get the help of a personal injury lawyer – the better.

Remember, you can call us at 800-ZIFFLAW or e-mail me personally at jreed@zifflaw.com if you or someone you care about has been involved in an auto accident.

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

Related articles by Zemanta

• Elmira Accident Lawyer Explains Fault and Recovery in NY and PA Accident Cases (zifflaw.com)
• Beware the “Good Cop” Insurance Adjuster, Elmira Attorney Warns (zifflaw.com)

Even a minor auto accident can be overwhelming. You have to think clearly and act correctly in the aftermath, even though you are shaken up and/or injured to a degree you might not realize until much later.

Of course, there are some actions that you MUST take: You have to stay on the scene and cooperate with police, for example. What you may not be aware of is that it’s also important – even if you strive to handle the situation properly – to know that some simple mistakes can undermine any future personal injury case you may wish to bring.

Six things NOT to do if you are in an accident

1. Do NOT say that the accident was your fault, either to the police at the scene or to the other motorists involved. If there is litigation in the future, things you may say could be used against you. Remember, share the FACTS about your accident, don’t offer an OPINION that it was your fault.
2. Do NOT sign any documents or agree to pay any damages. Your insurance company will determine what expenses are appropriate to pay and be responsible for paying them. That is why you buy insurance.
3. Do NOT determine the extent of your own injuries at the scene. Hey, in many situations, you do get points for being stoic, for picking yourself up and saying, “I’m OK.” This is not the case after a car accident. Some injuries take time to develop, or you may be confused by the collision and not even sure of your own condition. If you are asked if you were injured, always say, “I am not sure about my injuries – I plan to see a doctor.” If you have any pain at all, and the police officer offers an ambulance, you should consider letting him or her call one for you.
4. Do NOT give a statement to the other driver’s insurance company. Offer only the very basics. The insurance company will be in contact with you soon after the accident regarding the property damage to your vehicle. That does not give them the right to ask you detailed questions about your injuries. It is best not to speak with them at all regarding your injuries until you seek the advice of a personal injury attorney.
5. Do NOT take money for your injuries or settle until you have finished treatment. Insurance companies may try to offer you money for your injuries right away. The full extent of your injuries may not be apparent for weeks or months. Once you settle for your injuries, you can’t get any more money, no matter what they tell you.
6. Do NOT hire a “family attorney” for an injury case. Many people have an attorney who assists with wills and real estate or domestic matters; however he or she may not be the best attorney to handle a personal injury case.

These tips are taken from the Ziff Law Firm’s “Accident and Car Crash FAQs,” one of our ways to share important information about personal injury cases with you. Another source to check out is the New York Personal Injury Lawyer Blog by Mark A. Seisel. One section specifically covers car accidents in New York – causes and legal issues.

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

It’s the top topic on every news channel – the current economic crisis. Every day you hear about more lay-offs, more businesses closings, more penny-saving advice and more worry over the stimulus package. I think everyone just wants to put their head down and get though this mess – hopefully holding on to their job, home and retirement savings in the process.

Don’t think I’m forgetting the topic area of this blog, but I just wanted to let you readers know about an important, informative – and free – event the Ziff Law Firm has coming up.

Attorney Matthew Hughson, who practices in the areas of Bankruptcy and Real Estate at the Ziff Law Firm, will be presenting two seminars, at 3 and 6 p.m. March 18th at the Steele Memorial Library in downtown Elmira, NY.

If you are facing financial difficulties, bankruptcy or foreclosure, it’s smart to learn from Matt’s experience in the field. He can explain the risks of seeking help from bankruptcy “professionals” who prey on people’s fears and uncertainty. You run the risk of jeopardizing your long-term financial security if you rely on someone who is not qualified to deal with the legal issues surrounding bankruptcy and foreclosure. Matt will explain the legal strategies that are available to cope with with these financial hardships.

To make a reservation for the seminar on March 18, please visit the Events page on our website, or call toll-free at 1-800-943-3529.

I think it’s great that lawyers like Matt are helping people navigate these very rough economic waters.

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

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:

1. 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.
2. 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.
3. 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

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,

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

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:

1. Are much more convenient to meet.

2. Know local judges and lawyers.

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

4. Know the insurance adjusters who handle cases in your area.

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

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

7. 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.

8. 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

Related articles by Zemanta

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

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

A frightening national outbreak of salmonella poisoning may have struck in the Twin Tiers.

A case of salmonella in Steuben County could be linked to the national outbreak caused by contaminated peanut butter. WETM recently reported (see story below) that the health department is investigating to confirm if the area case was caused by tainted products from the Peanut Corporation of America’s plant in Blakely, Ga.

National news sources report that the number of deaths caused by this outbreak has risen to seven. WETM reports 19 cases in New York alone. According to the Centers for Disease Control and Prevention’s most recent outbreak update, there have been 501 reported cases in 43 states.

Protect yourself

Check the FDA online database for a list of recalled products. The PCA plant processed peanuts for use in hundreds of products, including pet food.

Many food labels include a consumer hotline number – you can call that number to see if a product has been affected by the recall.

What happens next

Salmonella is a common bacterium. The usual cause for it to reach harmful levels is improper food handling. A congressional inquiry may lead to changes in food safety laws. News agencies are reporting that the PCA plant had already been cited for violations.

The good news

Despite this newly reported case in Steuben County, the CDC reports that the salmonella outbreak is in decline.

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: Investigation into Local Salmonella Case

Reported by: Camille Williams, WETM-TV, 1/26/09

In a few days, the New York State Health Department says they might know if a local salmonella case is linked to tainted peanut butter.

Many peanut butter products have been recalled due to salmonella contamination.

There are 19 reported cases of salmonella in New York State, one of them in Steuben County.

On Monday night, the person’s condition was unknown.

Officials are not releasing a name, age or any information that could identify the individual.

However, they’re asking those who’ve been affected to save their peanut butter products.

“We ask that they save any portion of the suspected peanut butter or whatever product it is and send it to the Wadsworth lab for testing.” says a New York State spokesperson

The Wadsworth lab is in Albany.

Officials say more than 500 people have been sickened by the nationwide salmonella outbreak.