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Many people are paralyzed by the thought of medical malpractice. Doctors and nurses — some of the most respected members of our society — are there to help and heal us.  They come into our lives when we need assistance, and we place our trust in their judgment and skill.

But, what happens when something goes terribly wrong?

There are several steps you should take if you suspect you or a loved one have become a victim of medical malpractice:

1. Ask LOTS of questions. This advice actually applies to all interactions with medical professionals, because the more informed you are about your own health, the more likley it is you will understand the treatment being provided to you.  Don’t be afraid to tell a doctor or nurse you don’t understand the technical terms being used.  Ask specific questions about your diagnosis and prognosis, and inquire about all alternative treatments that are available to you.  Ask your doctor or nurse directly if something went wrong.  Although you may not get a straight answer, it never, ever hurts to ask.  Knowledge is power, and when you are talking about your health, you want to be the most powerful person in the room.

2. Take LOTS of notes.  It is hard to remember everything that happens, especially if you are sick for a long period of time and are under substantial stress. Take notes yourself or have a loved one keep an ongoing diary.  If you are in the hospital, write down the names of each and every nurse, aid, doctor and resident who comes into your room with a brief description of what each person did and said. Remember, however, to show discretion.  Ultimately your health and recovery are the most important things, and you don’t want to create any unnecessary tension.  Some health professionals may become anxious if you are taking notes each time they treat you, and preoccupation with notetaking can distract you from paying close attention to what the doctors and nurses are actually doing and saying. The primary purpose of taking notes is to help you remember what happened down the road, but getting better is certainly a much more important goal.

3.  Research.  Gone are the days when medical knowledge is held by those with years of training.  The internet is full of very good resources about all types of medical conditions.  I generally start with an organic google search then look on you tube to see if any videos are posted about the condition I am researching.  I have assembled several very useful compendiums on various medical conditions, and you are welcome to contact me at the email address below to see if I have anything that is helpful for you.

4.  Request your medical records.  You generally want to wait until you have made substantial recovery before requesting your records.  To request records, simply call or go to the medical records department at the hospital or office where you were treated and request copies.  ALWAYS GIVE A DATE BY WHICH YOU EXPECT TO RECEIVE THEM! Even though most records are kept electronically these days, records offices often wait weeks or even months to provide them.  If the date you gave comes and goes and you have not received the records, call or go to the office immediately and request them again.  In New York state it costs $0.75/page for each page of records, but providers are not allowed to withhold them solely on the basis of your inability to pay.

5.  Call a malpractice attorney.  Ultimately this is the best way to find out if you actually have been the victim of malpractice.  I screen many, many potential medical malpractice cases each year, and even though Ziff Law only excepts a few due to a variety of reasons, I am usually able to give the potential client a good sense of whether or not has been victimized.

The bottom line is that you have a right to know what happened.  By taking these steps you may be able to finally get some answers.

Thanks for reading.
_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

Two years ago Ziff Law Attorney Jim Reed and I spent several days shadowing Dorothy Clay Sims, an exceptionally bright and fiery attorney from Ocala, Florida.  Dorothy and Jim had met through a national Medical Malpractice organization, and she generously invited both of us to come to Ocala, stay in her home, and shadow her to learn her very particular method of building lawsuits and cross examining doctors.

Today, I opened by copy of the Elmira Star Gazette and saw a picture of Attorney Sims seated right next to Casey Anthony at counsel’s table!  Yes – that Casey Anthony.  Turns out Attorney Sims joined the defense team last fall and is expected to use her skills in cross examining doctors to help poke holes in the prosecution’s case and support the theory that Caylee Anthony drowned in her grandparent’s swimming pool.  Although Attorney Sims has not had a large role in terms of presenting the case, she has been photographed embracing Casey several times and cross examined Lee Anthony, Casey Anthony’s brother.

I can honestly say I have never met anyone quite like Dorothy Clay Sims.  She has the energy of five people, and is seemingly always engaged in several different activities — all at the same exact time.  When Jim and I were in her office she asked us to observe her take a doctor’s deposition by phone.  Although I vowed not to give away her secrets to success, trust me when I say I have never seen anything like it.  Her ability to find a way to get the information she needs when she needs it is unparalleled, and she puts the hammer to witnesses with just enough charisma to keep them talking.

Dorothy’s book, “Exposing Deceptive Defense Doctors” is a bible for a good deal of the plaintiff’s bar — and a must-read for anyone who handles medical malpractice cases.  My copy rests within arms reach, and I find myself consulting with it more than I do with any other source.  The trip was well worth the tiem and expense.  There is simply no substitute for learning from the best.

My husband is a prosecutor at the Chemung County District Attorney’s Office.  He has been following the Anthony trial very closely — and was floored when I told him we had stayed at Sims’ house.  Looks like her star is truly rising.  I am very excited to see what she can do for Casey Anthony.  If I were the state’s attorney, I would take notice that Dorothy is on deck.

Thanks, Christina
_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web: zifflaw.com
Blog: NYInjuryLawBlog.com

As a New York accident and malpractice lawyer, I deal with tragic situations on a near-daily basis.  However, a story I read in the Corning Leader on November 15, 2010 was one of the saddest I have heard in a long time.

According to the Leader, 46 year-old Holly Hain of Painted Post, New York was killed when she was struck by a car at approximately 10:15 p.m. Saturday evening on the Curtis-Cooper Road in Steuben County.

Hain had been traveling south on the Curtis-Cooper Road when she pulled over to the west shoulder and parked her car to help a calf that was wandering along the road.  However, at that moment Leah Jamison, 17, of Campbell, New York was  traveling north on Curtis-Cooper Road.  Jamison hit Hain and the calf.

In addition to being a good samaritan, Hain was a physical education teacher and coach in the Campbell-Savona school district.  Just imagine the heartache — Hain taught at Campbell-Savona school and was hit and killed by a young girl who is likely a Campbell-Savona High School senior.  As a former athlete at Notre Dame High School in Elmira, New York, and Georgetown University, I understand firsthand how vital a role physical education teachers and coaches play in the lives of their students.  My heart truly goes out to Ms. Hain’s students and members of her teams.

Perhaps worse is the fact that this tragedy could have been avoided.  Junior license restrictions are in place for a reason — to keep young, inexperienced drivers off the road when they are tired and it is dark outside.  Leah Jamison chose to ignore those restrictions, and, sadly, is paying a hefty price.  Parents — let this terrible situation remind you to enforce junior license restrictions.  It’s just not worth the risk to ignore the law.

I offer my sincere condolences to the Campbell community on your loss.

Thanks, Christina

_________________________________

Christina Bruner Sonsire, Esq.

NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP

303 William Street

Elmira, New York 14902-1338

csonsire@zifflaw.com

Office: 607.733.8866

Toll-Free: 800.ZIFFLAW (943.3529)

Web: zifflaw.com

Jim and fellow Ziff Law attorney Carl Hayden were the only injury and malpractice lawyers in the area selected for the 2011 honor.

Super Lawyers reaches more than 13 MILLION readers in all 50 states. The magazine stakes its reputation on finding and recommending the finest lawyers across the country. Super Lawyers are chosen by peer recommendation, professional achievement, and independent research. These top lawyers are outstanding achievers in more than 70 practice areas.

I asked Jim how it felt to be named a NY Super Lawyer for the 4th time. “It really is humbling to be picked by your fellow lawyers as being one of the best injury lawyers in New York.  It truly means a lot to me.”

Jim has more than 24 years of experience as a personal injury and medical malpractice attorney. He’s won a number of multi-million-dollar settlements for injured clients. That earned him  a place in the Multi-Million-Dollar Advocates Forum. And Jim  contributes regularly to this blog, the NY Injury Law Blog, sharing his legal knowledge with readers. He also appears on local news station WETM-TV to present a weekly “Law Talk” segment at noon on Wednesdays. He’s also the author of two books, Learn the Five Deadly Mistakes that can KILL Your Accident Case! and Learn the Five Secrets to Buying Auto Insurance in NY

So Jim is always ready to share his expertise with people. For an attorney who is willing to do that – and is at the top of his game, I think the Super Lawyers recognition is is only just.

The annual list of Super Lawyers are named each year, with selections are made on a state-by-state basis. The purpose – to create a reliable and extensive list of outstanding attorneys. The list is a great resource for attorneys and potential clients, for referrals or for finding legal counsel.

Visit the Super Lawyers website for complete details on the selection process, and please join me in congratulating Jim on this recognition.

Adam
_______________________________
Adam M. Gee, Esq.
NY and PA Injury and Accident 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

Visit the NY Biker Law Blog at www.NYBikerLawBlog.com!

The Elmira Star Gazette reported that Steuben County officials identified the driver in a one car crash that occurred at about 5:00 A.M. on Wednesday, June 30, 2010, in Hornellsville.

Sheriff identifies driver in accident that injured 9

The Steuben County Sheriff’s Office named the driver in the one-car accident that injured nine teens Wednesday morning.

Six of the teens remain hospitalized today, deputies said.

The investigation is ongoing, the sheriff’s office said.

As I reported in an post earlier today, this terrible tragedy highlights a number of issues all parents need to consider.  Aside from the obvious concerns about underage drinking and teen drivers, an accident such as this with multiple victims raises several important questions regarding auto imsurance coverage.

Please take the time to read my earlier post, and do not hesitate to contact me if you have questions about your own coverage.  Many times coverage questions are asked after an accident occurs, and generally that is just too late.

Thanks for reading,

Christina

_________________________________
Christina Bruner Sonsire, Esq.
New York and Pennsylvania Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web: zifflaw.com
Blog: NYInjuryLawBlog.com

A horrific accident involving nine teenagers occurred at approximately 5:00 A.M. on Wednesday, June 30, 2010, in Steuben County, New York (near Corning).  Aside from highlighting the dangers associated with underage drinking and teen drivers, the accident raises several critical insurance coverage issues that every parent should understand.

According to the Elmira Star Gazette (full article pasted below, nine teens were injured in a one car accident in the Town of Hornellsville following an underage drinking party.

The parents of the nine injured teens are facing — or surely will face — tough questions with respect to how or if their children will be compensated as the teens begin the long road to recovery.

In general, parents of children injured in one-car motor vehicle accidents involving multiple passenger need to be aware of the following insurance coverage information:

1.  BASIC NO-FAULT COVERAGE – New York State Insurance Law requires every driver to provide at least $50,000 of Personal Injury Protection (“PIP”) to each passenger of his vehicle regardless of whether he caused the accident or not.  This type of insurance is generally referred to as “No Fault Insurance” because it is triggered even if the driver was not at fault.

What does this mean?  Every passenger in a vehicle is entitled to $50,000 of PIP coverage under the driver’s insurance policy in the event the passenger is injured in an accident.  In general, PIP covers economic losses such as lost wages and medical bills.

Why is this important?  Here, assuming the driver had proper insurance coverage, all nine teens (the driver is entitled to PIP benefits as well) are likely entitled to receive up to $50,000 to compensate them for their economic loss.  In addition, a passenger may be able to collect No Fault PIP benefits under his own policy once PIP iunder teh driver’s policy is exhausted.  This is called “stacking” PIP coverage, and it often allows a passenger to receive up to $100,000 to cover economic loss.

2.  ADDITIONAL NO-FAULT COVERAGE — Residents of New York are also free to purchase additional No Fault coverage in the event they or members of their families are seriously injured in an accident and their economic losses exceed $50,000.  The two primary types of additional coverage are called Additional Personal Injury Protection (“APIP”) and Optional Basic Economic Loss Coverage (“OBEL”).

What does this mean?  If you or a family member are seriously injured in an accident and your economic loss — again, I am primarily talking about lost wages and medical benefits — exceed the available PIP coverage ($50,000), APIP and OBEL can be triggered to cover your excess expenses.  In addition, as a passenger you may be able to collect against the driver’s APIP and/or OBEL coverage, depending on how the policy is written.

Why is this important? According to the Star Gazette article, at least three of the teens suffered serious injuries and were helicoptered to Strong Memorial Hospital.  A helicopter ride alone generally costs around $2,500, and it is safe to assume the medical bills for these teens could approach $50,000 very quickly.

The passengers first need to determine whether the driver had APIP or OBEL coverage.  If so, it is possible the passengers could be compensated for additional economic loss under the driver’s policy, depending on how it was written.

Next, if the teens’ parents have APIP or OBEL coverage, the teens will likely be considered “Resident Relatives” and will meet the standard to be named an “eligible injured person” under their parents’ polices.  (Important tip — MAKE SURE YOU HAVE APIP AND OBEL NO FAULT COVERAGE.  At Ziff we are willing to review your insurance policy FOR FREE. Just stop in or email us a copy of your policy to info@zifflaw.com.)

3.   LIABILITY COVERAGE– In addition to no-fault coverage, New York State Insurance Law requires all drivers to carry at least $25,000/$50,000  liability coverage.  What does this mean?  It means every driver on the road in New York is required to provide at least $25,000 of coverage to any one injured person for non-economic loss(things like pain and suffering, serious disfigurement and loss of enjoyment of life) because of his negligence.  If more than one person is injured, the total maximum recovery is limited to $50,000 regardless of whether two people are hurt or whether 20 people are hurt.  If there are more than two people hurt, those people would have to split the $50,000 “pie”.

Of course, drivers are permitted to carry — and, in my opinion, SHOULD carry –  much higher liability coverage.  Why is this important?  In an accident such as this — where I am speculating at least eight people sustained serious injuries due to the driver’s negligence — it is possible the maximum amount of liability coverage available to compensate their non-economic losses  is only $50,000, in the event the driver only had a minimum policy.  In other words, unless the driver had enhanced liability coverage, the seriously injured passengers may only have a total pot of $50,000 from which to be compenstated for their non-economic losses.

4.  THE MOST IMPORTANT COVERAGE I HOPE THE PASSENGERS CARRIED– SUPPLEMENTAL UNDERINSURED MOTORIST’S (SUM) COVERAGE– Fortunately, like No Fault, residents may purchase Supplemental Underinsured Motorist Coverage (“SUM”) to avoid the situation described above.  SUM policies of $250,000/$500,000 or $5000,000/$1,000,000 or even higher can be added to almost any insurance policy, and generally cost less than $15.00 PER YEAR.  In my opinion, this is the best money you could spend to make sure you and your family are best protected in the event something really bad happens.

What does this mean?  In the event the driver who caused an accident does not have enough liability protection to fully compensate the people whom he injures, the injured person can trigger his own SUM policy once the full amount of the driver’s policy has been tendered.

Why is this important?  If the Steuben County teens have sustained serious injuries and the driver has a small liability policy, it is likely at least some of the injured teens are not going to be fully compensated for their non-economic losses.   If the teens’ parents have SUM policies, it is possible the teens could meet the “Resident Relative” standard (described above), and trigger their parents’ additional liability coverage.

HOWEVER, New York law is tough in this regard.  In a recent case, the New York Court of appeals held an insured’s SUM policy is NOT triggered unless the amount of the SUM policy is greater greater than the liability policy of the negligent driver, even if the injured party actually collects less than the SUM coverage because of multiple claimants.

Clearly much of this blog post is speculative, but it gets to the heart of some of the most pressing insurance questions.  Bottom line — parents need to protect their families!  Make sure you have adequate No Fault coverage — including APIP and OBEL — and spend the extra dollars each year to buy the biggest SUM policy possible.  Hopefully you will never need it, but if the day comes you will sure be glad you are protected.

I will be following the developing news about this crash and will provide updates as they become available.

Again, bring your insurance policy to Ziff Law at ANY TIME and we will review it for free.  It may be most worthwhile 5 minutes of your entire week!

Thanks for reading,

Christina Bruner Sonsire

Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web: zifflaw.com

Here’s the Elmira Star-Gazette article:

Nine teens packed into car are injured in crash

Nine Steuben County teens packed into a small sedan were injured — six of them seriously — in a one-car accident Wednesday morning in Hornellsville.

County Sheriff Joel Ordway said the car, a 2004 Chevrolet Cavalier, was speeding west on county Route 109 when the driver lost control on a sharp curve about a quarter-mile east of Lain Road and drove into a ditch.

The car continued about 135 feet, struck a concrete culvert, became airborne for 25 feet, overturned and landed on its side in a driveway, deputies said.

Ordway said the crash occurred about 2 miles from the underage drinking party, which was a birthday party. He said alcohol and the car’s speed were factors in the accident.

When emergency responders arrived at the scene, they found nine teens “on top of each other” inside the car, Ordway said.

It was not clear where in the car each of the teens was seated before the crash, though Ordway said they were likely “on top of one another” before the crash. Nobody was riding in the trunk, he said.

Ordway said he knows who was driving, but was not ready to release that information Wednesday afternoon because the investigation is still in progress.

“We’re just going to continue with the investigation,” Ordway said. “In the next couple days, we’ll have some charges, not only on the operator, but also on the source … who provided the alcohol prior to” the crash, he said.

Six of the nine teens in the car suffered serious injuries; one of them suffered a life-threatening head injury, Ordway said.

Emily S. Mayorga and Dylan Henry, both 18 and from Canisteo, and Taylear K. Maiello, 17, of Hornell were taken to Strong Memorial Hospital in Rochester by helicopter. All three were listed in guarded condition Wednesday, according to a hospital spokeswoman. Branden S. Mulhollen, 17, of Canisteo, also was taken to Strong for treatment. His medical status was not available Wednesday.

Bethany Jones, 17, and Carleenea L. President, 18, both of Hornell, were taken to Robert Packer Hospital in Sayre. Both were listed in stable condition Wednesday.

Ordway said the car was traveling between 71 and 78 mph at the time of the crash. The speed limit on the road is 55 mph, though the suggested speed on the downhill curve where the car left the road is lower, about 40 mph, he said.

County Road 109 was closed for several hours Wednesday.

The crash is reminiscent of another serious crash involving underage drinking in western Steuben County in 2007.

That September, three teens and a 21-year-old man were killed when a car hit a concrete abutment and went into Sugar Creek off of state Route 248 near Jasper. Police said all four had been drinking alcohol before that crash.

We want to thank the many veterans, and their proud families and friends, who participated in this promotion. I can’t tell you how nice it was to meet these veterans and hear their wonderful stories.

I know it sounds clichéd but it made me very proud to be an American! Below are the photos and stories of the veterans we were proud to honor:

Matt Fogarty (with Attorney Christina Bruner Sonsire)

A lifelong resident of Elmira, a 1994 Graduate of Notre Dame and having obtained his MBA from Kutztown, Matt is a member of the 56th Stryker Brigade/ 19D Cavalry Scout. His tours include Iraq where he was involved in Operation Iraqi Freedom.

Brett York (right, with Attorney Adam Gee)

Brett, a lifelong resident of Elmira, New York and a 1998 graduate of Elmira Southside served in the US Army from 2003-2006. His tours include Korea and Iraq.

John Canestaro – John, an Elmira resident served in the US Army for 20 years at the rank of Sgt. First Class. He served in the 82nd Airborne Division, the 4th Infantry Division, the 25th Infantry Division and the 101st Airborne Division. In 2005, he retired after 20 years of active duty and is a Disabled American Veteran. Today, John serves as a Veterans’ Counsel with the New York State Division of Veterans Affairs.

Heather Klose Capra (with Attorney Jim Reed)

Heather was an Air Force Medic and promoted to Sgt. 1 year out of basic training. She served as a medic during her military career serving at the Kandahar, Afghanistan Hospital where she was a leader on a team of multinational medics providing daily care for the wounded. Heather is a life-long resident of Elmira where she resides with her husband Eric, an Air Force Veteran having served in Kosovo.

Beau Simpson (with Attorney Jim Reed)

A lifelong resident of Chemung County, Beau was home on leave in December from Kabul Afghanistan and able to attend a Jackals game. Beau is an Engineer running convoy and building airstrips in Afghanistan.

Richard Reynolds – Richard, a resident of Elmira Heights, served active duty in the US Navy from 1975-1979. His tours included 2 years in Holy Loch, Scotland and a 6-month Mediterranean tour sailing aboard the USS Holland servicing Subron #13 and Poseidon Class Subs. His second ship tour was on the USS Shenandoah where he served in the weld shop repairing high-pressure steam and fuel lines.

Bob Bly (with Attorney Christina Bruner Sonsire)

Bob, a Horseheads native, served in the US Air Force from 1969-73 as an Avionics Technician working on F4 Phantom Jets. He spent 3 years in England during his enlistment. He continues his military career as a Veterans Benefits Advisor, which he has done for the past 20 years. He graduated from Edison High in 1969 and St. John Fisher College in 1980.

Alan Cecce (with Attorney Adam Gee)

A native of Elmira, Alan was active in the US Navy from 1980 through 1996. During his military career he attended school in FL and MD. He was stationed in Okinawa, Japan, CA, AK, Scotland and TX. Alan resides in Elmira with his family.

Nick Becker – A lifelong resident of Chemung County and a 1996 graduate of Southside High School with early enlistment in the Army National Guard where he served until 2006. Nick served 2 tours in Germany, 1 in Honduras and a 14 month tour in Afghanistan. Nick has also been involved in numerous State activations such as New York City after 911, the Buffalo Ice Storm, the Ice Storm of 1998 and Subway Security in 2002.

Walter Baroody – Walter, a Bath, New York resident served in the US Army from 1972-1975 as an E-5 Specialist and Medic at the Walmac Army Hospital in NC. He was then transferred to Germany where he served for 2 years as a medic in the pediatric clinic of the hospital. Once returning home, he began work at the Bath National Cemetery, having worked through the ranks, he is now the Director of the Bath and Woodlawn National Cemetery’s. Walter has devoted 39 years of dedicated service to our government.

Bradley Hill (shown with Annette Viselli Thorne)

Bradley is a life long resident of Elmira having graduated from EFA. He was a Marine from 2003-2005. While serving, Bradley was a member of Convoy Security and did a tour in Iraq in 2005.

Kim Eveland (shown with Attorney Christina Bruner Sonsire)

Kim, an Elmira resident enlisted in the US Army Reserves just prior to graduation leaving for boot camp on her 18th birthday where she served from 1989 through 1997 as a Sgt. During her enlistment, she was activated for the Gulf War and served nobly stateside. Today, Kim lives in Elmira where she is an account manager at Perry & Carroll. She continues to give back to her community by being an advocate for those less fortunate.

Mark Frampton (shown with Attorney Adam Gee)

Col. Frampton, a lifelong resident of Elmira entered the US Marines in 1979 commissioned as a 2nd Lt. He was further promoted to Major in 93’; Lt. Col. In 97’ and Colonel in 03’. Col Frampton served as a construction/engineering consultant; asst. deputy director for strategic training team, base commander, and President of two separate promotion boards.

Col. Frampton has served in Okinawa, Parris Island, Camp LeJeune, Desert Storm where his company captured and processed over 800 enemy POW’s without incident, Quantico and Iraq. For his efforts in Iraq, he was awarded the Navy and Marine Corp Commendation Medal. Col. Frampton recently spent the past 5 months on Active Duty at Quantico, reprising his roles as a construction/engineering consultant. He officially retired on January 1, 2010 after 30 years of service. Col. Frampton returned to his hometown with his wife and 3 children to operate Frampton Construction while pursuing the ownership and construction of a sports dome in the greater Elmira area.

Bill Pint (shown with Attorney Jim Reed)

Bill, a resident of Horseheads, New York served in the US Navy from 1960-66 as an Airman/Plane Captain servicing airplanes during the Cuban Crisis and Vietnam Era. In 1980, he re-entered the military in the Army Reserves where he served until 1994. While in the reserves, he was a Drill Sgt. Serving active duty in Desert Shield/Desert Storm in 1991 and training troops at Ft. Wood for deployment to Saudi Arabia.

Jessica Plummer and Attorney Jim Reed

Jessica, an Elmira native is a Cadet Captain and currently serves alongside the US Air Force as a member of the Civil Air Patrol who assists with all needs of the Air Force. The Civil Air Patrol is recognized throughout the US and currently has more than 50 wings. In January 2009, Jessica was involved in the recovery of the plan disaster on the Hudson River. Jessica is very proud to be a member of the Civil Air Patrol and serving her country.

Carlyle Sherman and Annette Viselli Thorne

A Valley native, Carlyle served in the US Army from 1960 through 1962 at the rank of a Tech 4 and as a demolition specialist. Lyle served state side training soldiers for various tours of duty.

Dave Hansen and Attorney Jim Reed

Dave served in the US Air Force at the rank of Airman E-4. He was stationed at George Air Force Base in CA and served as an Aerospace Ground Equipment Mechanic repairing all aircraft support equipment. Dave’s tours of duty include Desert Storm from August 1990 through June 1991. Dave owns Dave Hansen Plumbing, Elmira.

Darryl Mickley and Attorney Adam Gee

Darryl served in the US Army from 1981 through 1991 as a Sgt. From 1981-83 he served with Combat Support Company 3rd Battalion 6th Infantry in Berlin West Germany; from 1983-86 he served with Combat Support Company 1st Battalion 58th Infantry at Ft. Benning, GA; from 1986-1989 he served with Headquarters in West Germany; from 1989-1991 he served with Alpha Battery 21st Field Artillery in Ft. Hood, Texas; in 1990 he was deployed to Saudi Arabia for Desert Shield and in 1991 he participated in Desert Storm with the liberation of Kuwait. A decorated Veteran, Darryl has been honored with many awards including Army Commendation Medal, Good Conduct Medal and Expert infantrymen’s Badge.

Andrew Hamilton and Attorney Adam Gee

Andrew entered the US Army in August, 1993. He served in the 1st Armored Division in Germany. He was deployed to Bosnia with NATO forces for 1 yr. in support of Operation Joint Endeavor. In 1998 Andrew left active duty for National Guard service in NY. On 9/12/01 he was deployed to NYC to support recovery in the grim aftermath of the attack on the Twin Towers. In 2003, he was deployed to Iraq with the 1st Infantry Division for 1 year in support of Operation Iraqi Freedom. Andrew is now teaching English at Corning West High School

Andy Gessick

Andy, a 20-year Veteran served as a Tech Sgt. For the United States Air Force with duties in Jordan, Spain and Germany. While stationed at Shaw Air Force Base, SC with the 363 Tac Fighter Wing, the Fighting Falcons, he participated in Operation Desert Shield/Desert Storm as a Weapons Loading Crew Chief supervising the loading of bombs and missiles on F-16 Fighter Aircraft. For this action, Andy was awarded the Air Force Meritorious Serve Medal, South East Asia Service Medal with 2 Bronze Stars and the Kuwait Liberation Medal for this action.

Thomas Walker

Thomas completed a 20-year career with the US Navy in 2006 serving as a Navy Counselor First Class. Since his retirement, he has become the Veterans Education Benefits Assistant at Mansfield University as well as a student there attending graduate school in the Masters of Arts in Organizational Leadership Program.

George Collins – George joined the Army National Guard in 199 and was trained as a tank mechanic. He has served with Charlie Company 3rd of the 103rd Armor Regiment since his entrance. In January, 2005, George was activated and spent six months in combat training at Camp Shelby, Mississippi. He was then deployed to Iraq where he spent 1 year attached to the 1st of the 100th Headquarters Company where he continued as a tank mechanic. George is still active in the Army National Guard and he resides in PA with his wife and two daughters.

Andy McMinds

Having just completed his military career on March 1st, 2010, Andy was a Petty Officer 2nd class in the United States Navy. During his enlistment, Andy served as an Intelligence Specialist for Naval Criminal Investigations Service. His tours of duty included South Korea, Japan, Hong Kong and Headquarters NCIS in Washington, DC. Andy was awarded numerous awards and medals to include the Surface Warfare insignia and the Meritorious Unit Accommodation

DeeJay Swain – A 2001 graduate of Elkland High School, he joined the Marine Corp Reserves in 2002 and served through 2006. In 2006 he joined the PA Army National Guard. During his military career his tours included Africa in 2005 for Anti-Terrorism/Force Protection where he guarded Camp Lemonier and conducted Force Protection where he guarded Camp Lemonier and conducted anti- terrorism missions. In 2007 while with the Guard, he was deployed to Afghanistan with Provincial Reconstruction Team where he assisted the local government with humanitarian aid missions. He now resides in PA with his wife and two children.

Ryan Rice

Ryan enlisted in the US Navy in 2004 participating in the DEP Recruit Program his senior year in high school. He left for boot camp in July, 2005 and from there was stationed in Pensacola and Keesler Air Force Base where he assisted in the clean up and rebuilding after Hurricane Katrina. Ryan achieved the Rank of Petty Officer Third Class during his 4 year enlistment.

Jeffrey Beck

Staff Sgt. Beck enlisted in the US Army in 1989 as an M-1 Tank Crewman. He served 4 years active duty with tours in KY, Korea and TX. In 1994, Jeffrey re-enlisted into the PA Army National Guard with Charlie Company, 3rd Battalion 103 Armored Regiment. In 2002, he was deployed to Germany in support of Operation Enduring Freedom and in 2005 to Iraq in support of Operation Iraqi Freedom. He is currently the fill-time training NCO for Charlie Company with a total of 19 years of military service.

George Campbell (with Jim Reed)

George graduated from Spencer High School in 1993 and joined the Army in 1994. He graduated from Basic training with a specialty training as an Apache Attack helicopter crew chief. George was stationed in such places as Korea, Germany, Colorado Springs. He was deployed to Bosnia in 2000 on a peace-keeping mission and to Iraq on 2 separate deployments for a total of 2 years and was involved in Operation Iraqi Freedom. George resides locally with his family and is employed at Schweitzer Aircraft.

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
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

We wanted to come up with a program that would show some of our appreciation for the bravery local veterans have shown and the sacrifices they have made in the service of our country.

Veteran of the Game will give four tickets to a local veteran for each Elmira Jackals home game the rest of the season. In addition to a great view of the game for the veteran and his or her guests, the honoree will be featured in a special announcement at the beginning of the game.

Star-Gazette columnist and veteran Roger Neumann recently wrote about our effort in his Roger That blog post “Ziff Law Firm will honor veterans at Jackals’ games.” Thanks, Roger!

YOU CAN HELP us make Veteran of the Game a successful program! We need your nominations of area veterans. To nominate a veteran for this special recognition, just contact us (by e-mail or through our website are the best and quickest means). Visit www.zifflaw.com/veterans, e-mail veterans@zifflaw.com or call (800) ZIFFLAW (943−3529).

Veterans of the Game – so far

Two area veterans have already received Jackals tickets through our plan. The Ziff Law Firm was honored to recognize Brett York and Matthew Fogarty.

Adam Gee and Brett York.

Brett is a member of the National Guard Reserves, which he joined in February 2008.

Christina Sonsire and Matt Fogarty.

Matt is currently a member of the Pennsylvania Army National Guard.

He plans to live in the Elmira area until January, when he will begin pursuing an MBA degree at Kutztown University of Pennsylvania.

We are very thankful to Brett, Matt, and all of the veterans who have served our nation so bravely! And with your help and nominations, we hope to extend our thanks – and hockey tickets – to additional local veterans.

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
E-mail me at FreeReports@zifflaw.com for two free books:

NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

At long, long, last. A new documentary may reveal the TRUTH about a tragic case. One personal injury case in the early ’90s has been held up as the epitome of a “frivolous” lawsuit. In 1992, 79-year-old Stella Liebeck was severely burned by spilling a cup of McDonald’s coffee onto her lap.

After a long struggle with the McDonald’s legal forces, Stella was awarded $2.9 million in damages by a New Mexico jury. The story became a national lightning rod for controversy over personal responsibility and bogus litigation. Poor injured Stella was lampooned for stupidity, clumsiness and greed. The term “Stella Award” was even coined to refer to any lawsuit or victim award viewed as preposterous.

New documentary presents radically different view of coffee case

“Hot Coffee,” slated to be released in 2011 according to IMDB.com, returns to the principals in the case to find out the REAL details. In many of the most important, basic details, Stella’s hot coffee case was very different from what was reported in the media.

One thing that is mentioned in the trailer (check it out above) that is not usually emphasized is the fact that the courts drastically reduced the jury’s verdict. Despite that reduction, the tort reformers NEVER mention that fact and ALWAYS refer to this as the multi-million dollar McDonald’s case! Very dishonest.

Also in the brief trailer you can see participants reflecting on the case and the amount of disinformation that was spread. The reason, suggested by some experts: McDonald’s objective to embarrass Stella Liebeck, ridicule her legitimate claim and foster a public climate in which injured claimants were reluctant to press for justice.

Thanks to the filmmakers for all their hard work on this important story. Hopefully it will change the reigning public opinion about Stella Liebeck’s intentions and claims.

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

That is always a tough question to answer as every case is totally different. I have had many cases settle within a few months and I had one medical malpractice case take almost 7 full years (granted, that was a case I wanted to take a long time because it involved an injured baby and we knew we would not be able to know the full outcome of her injuries until she was 4-5 years old).

Cases of multiple injuries, the value of which clearly exceed the limits of the defendant’s insurance coverage, can often be settled in months.

The majority of my cases fall in the 2+/- year range.

In most cases the entire first year is devoted to performing the initial case investigation and then waiting to see the outcome of my client’s injuries. The single most important factor in determining the ultimate value of any personal injury case is the extent to which the injured party has suffered a “permanent” injury — an injury you will live with for the rest of your life.

Doctors need time to make determination

Because “permanency” is such an important factor, I am usually reluctant to undertake any serious settlement negotiations until I have obtained a “permanency opinion” from my client’s treating doctor. A permanency opinion is simply a letter from a doctor, to the effect of “it is my opinion, within a reasonable degree of medical certainty, that my patient has suffered the following permanent injuries and limitations as a result of the collision: permanent limp, decreased range of motion in the right hip and leg, permanent surgical scar, etc.”

Most doctors are unwilling to provide a permanency opinion until their patient’s condition has “stabilized” – the patient is not getting better nor getting worse and “what you see is what you’ve got”. Most doctors use one year post-injury as the general rule of thumb for determining permanency and accordingly most of the time I am waiting until one year post-injury to request this very important permanency opinion letter.

Finding a balanced pace to proceed

Please appreciate that these are general time frames only and it is ALWAYS my goal to resolve cases as quickly as possible. As I always tell my clients: “I don’t get paid until you get paid, and with three college-bound teens, you can be sure I am not going to drag my feet on your case!”

With that said, I always caution my client’s that it can be HUGE mistake to try to rush your case because “you only get one bite at the apple” meaning that once you settle your case, it is settled ALWAYS AND FOREVER, so you better make as sure as possible that you know the full extent of your permanent limitations BEFORE you settle your case.

Finally, I also urge clients to NOT try to rush their cases because if the insurance company gets one whiff of the fact that you are eager to settle, it is the kiss of death and the insurance company will exploit your eagerness by low-balling their settlement offer in your case. This is a very common tactic that many insurance companies are using to take advantage of unrepresented people — they waive $500, $1,000, $3,000 of “quick settlement” money under a person’s nose with the hope that that person will quickly sign off on a case worth 10 times, 50 times, 100 times, more… The key is to resist the temptation of quick money to ensure that you get every penny to which you are entitled.

Sorry for this long-winded explanation but I think it is important for people to understand why taking the time to CORRECTLY pursue your case is so important. If you have any questions about this issue, feel free to let me know and I will be happy to explain further.

Thanks,
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