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While getting the kids ready for school in the morning, I often have the TV on some news program to check the weather, school closings and local happenings before work.  What I have been seeing lately is disturbing.  Nearly every day, I see a commercial touting the need for tort reform to prevent law suit abuse and “frivolous lawsuits“.  It seems unlikely that in the 10 minutes I have the TV on that I am seeing the same commercial the only time it airs, meaning this commercial is on the air quite frequently.  This concerns me because the commercial is so misleading.

I have a confession to make.  Even though I have been an attorney for more than 10 years and have handled probably more than a thousand lawsuits over that time, I have never personally seen nor brought a frivolous lawsuit.  I don’t personally know any attorneys who have done so either.  That’s not to say they don’t exist, though.  Everyone has heard of the judge who sued his dry cleaner over the lost pants, and I have occasionally heard of an individual who is not represented by an attorney bringing harassing lawsuits against the same person or people over and over again.  What you never hear of, though, is an attorney who makes his or her living as a trial attorney bringing frivolous claims.  There is a pretty good reason for this, too.  As a trial attorney, I have grown accustomed to getting paid at some point in the litigation.  Whether it is a personal injury case taken on contingency (meaning I get a portion of the proceeds of the case) or a case taken on retainer (meaning I am paid on an hourly basis) I don’t handle cases where there is no chance of earning my fee.  By definition, a frivolous claim is one in which there is no viable cause of action which could earn a fee.

Yet another reason I don’t bring frivolous claims is that the ethics rules governing attorneys prohibit bringing frivolous claims.  I am not about to put my license to practice law at risk for a case in which there is no chance of earning a fee.  Every other attorney I know feels the same way, which is probably why the frivolous cases we hear about are brought by people representing themselves.

The commercial that prompted this blog makes it seem as if frivolous lawsuits are rampant.  My guess is that the people funding this commercial are the same ones who claim that all the medical malpractice lawsuits are frivolous.  They claim that the poor doctors are sued so often they settle cases just to get rid of them.  Yeah, right.  As someone who regularly sues insurance companies, I can personally assure you that they are not settling frivolous claims just to get rid of them.  Its difficult enough to get them to put realistic money on legitimate claims.

Here’s something else you haven’t heard about these so called frivolous lawsuits against doctors: unlike nearly every other type of insurance out there, the doctor’s medical malpractice insurer has to have the doctor’s permission to settle the case.  Your auto insurance carrier doesn’t need your permission to settle a claim against you, and neither does your home owner’s insurance company, but the doctor has to agree to any payment on a claim made against him, including the so-called frivolous claims.  Makes you think a little, doesn’t it?

The next time you see a commercial like this on TV, take a minute to think about the claims they are making and who has enough money at stake to pay the millions of dollars required for an advertising campaign of this magnitude.  Think about who has enough at stake to spend that much money attempting to brainwash the public into thinking that the judicial system is bursting at the seams with frivolous lawsuits.  Think who would want to have that commercial running through the minds of potential jurors as they climb into that jury box.  Do you think that the insurance companies have anything to do with it?

If you want to know why this type of false advertising gets us angry, imagine that you are the Plaintiff and its your future being decided by those jurors with that commercial running through their heads.

Are you angry now?

Thanks for reading,

Adam M. Gee, Esq.
New York and Pennsylvania Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

This advice seems like a no-brainer but a recent study discussed on Engadget (a super blog about all types of electronic gadgets!) scared the bejeezus out of me.  This study (pasted below) found that 37% of Generation Y drivers, admitted that they text message while driving.  37%!!

That means more than a third of these young drivers are putting all of us at risk for serious injury in a car crash.  Let’s face it, anything that distracts your attention from the road ahead makes you a more dangerous driver.

Last year there was a horrific car crash in Upstate N.Y. that caused the death of 5 high school girls.  The investigation revealed that a text message had been sent from the drivers cell phone at the time of the crash.  While it was never proven that the driver herself sent the text message, investigators speculated that the driver or her friends were distracted while texting.

Here’s the Engadget post:

Survey finds 37% of Gen Y-ers text while driving

by Darren Murph, posted May 2nd 2008 at 3:26PM

While we regularly do Pennsylvania injury cases, PA Workers’ Comp. is something we don’t do here at the Ziff Law Firm. We generally refer PA Workers’ Comp. claimants to Athens, PA Attorney Jim Carroll.

We’re happy to announce that Jim has just started the PA Work Injury Blog.

Please visit his blog.

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com

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We read study after study criticizing the the health care field for sickness, injuries and death occurring in hospitals.  Perhaps the most dangerous risk you face in a hospital is contracting a post-surgical infection.  Bacteria in the hospital setting is already mostly immune to the typical anti-biotics used to treat it, and it tends to be very aggressive.

The best way to protect yourself is not to contract the infection in the first place.  Here is a great article on exactly what to do from CNN.

Read the rest…

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Expert Witnesses are a necessary part of the legal profession. In certain cases, such as medical malpractice, experts are an absolute necessity. In other cases they are sometimes a luxury. The use of experts by defense attorneys seems to be on the rise, and so Plaintiff’s attorneys feel pressured to respond in kind. What some attorneys fail to consider, however, is that the expert they hire will play a HUGE part in whether they are successful.

Because of the increased use of experts referenced above, more and more individuals are looking to get into the expert witness game. A fancy website, a polished resume, and paying to be put on an expert witness list on a few websites is all that is required for someone to appear to be a reputable expert. But that doesn’t mean they will serve your needs in court.

Read the rest…

Under New York Workers’ Compensation Law you have the right to select any authorized physician for the treatment of your work related injury.  Many companies, however, push their injured employees to treat with the company doctor.

Many company doctors have cozy relationships with employers, which makes it difficult for the injured employee to get good care.  Many injured employees find the care from company doctors to be impersonal, unsympathetic, and even downright substandard.  In some cases, the employers pressure company doctors, which interferes with the normal doctor patient relationship and may result in the injured employee being released to work prematurely.

So how can this be avoided?  You must maintain control of your medical treatment.  In other words, see the doctor of your choosing.  Please come back for my next blog post in which I discuss the problems created by working under the table.

Thanks for reading,
Eric
____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com

Social Security pays disability benefits to people who have met the earnings requirement and who cannot work because they have a medical condition that is expected to last at least one year or result in death.

On occasion we have folks who haven’t filed an application for benefits come to us for representation with regard to their Social Security Disability claim. Generally we advise folks that they don’t need representation unless their application was denied.

The system was set up for claimants to make the application themselves and, frankly, by doing the application yourself you’re going to save money and probably get it done more quickly. After all, the initial application for benefits asks questions regarding your personal and medical history, which only you would know.

You can apply using the Online Social Security Benefit Application.

Good luck and thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com

Bob Kraft is a Dallas, Texas attorney practicing in the areas of Social Security Disability and personal injury. He wrote an excellent blog today titled “Fatal Mistakes Social Security Disability Clients Make.” The text of which is pasted below.

“Fatal” Mistakes Social Security Disability Clients Make

This is a short list of mistakes we have seen our clients make over the years. Whether you are our client, another lawyer’s client, or simply trying to represent yourself in a claim for Social Security Disability benefits, you should read this list carefully and maybe you can avoid making one of these “fatal” mistakes.

* Not being completely honest with the lawyer regarding medical conditions, work status, and drug or alcohol use.

* Not going to the doctor regularly or not taking all the medications prescribed by the doctor.

* Not attending all meetings scheduled with the lawyer.

* Not keeping Social Security and the lawyer informed of the client’s current address and telephone number.

* Committing a crime that would cause Social Security to question the client’s credibility.

* Saying anything untruthful during the hearing with the Administrative Law Judge.

* Continuing to smoke while claiming disability for heart or respiratory disease.

* Not reading all letters from Social Security or from the lawyer, and missing a deadline contained in a letter.

* Using illegal drugs or abusing legal drugs and alcohol.

* Not attending medical examinations scheduled by Social Security.

* Failing to tell the lawyer about every doctor the client has seen.

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St.
Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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We expect our food to be safe. Every day, people all across the country purchase food from around the world believing it IS safe. Federal, state and local agencies from the Food and Drug Administration to the United States Department of Agriculture to our local health departments are supposed to ensure our food is safe. Unfortunately, our food isn’t always safe. Whether due to improper fertilization, negligent safety practices in factories or gross misconduct by uncaring companies, unsafe food is entering our food supply chain with increasing and concerning frequency.

The latest case of food contamination involves unsweetened Puffed Rice and Puffed Wheat cereals manufactured by the Malt-O-Meal company in Minnesota. So far, 23 people from 16 states have been diagnosed with the same strain of Salmonella found in the contaminated cereal, and Malt-O-Meal has issued a voluntary recall. Three of the sickened individuals are reported to be from New York. Local grocery stores report that the contaminated cereal has been removed from store shelves, or that they did not carry the brand. The FDA said the recalled products were distributed nationally under the Malt-O-Meal brand name, as well as private labels including Acme, America’s Choice, Food Club, Giant, Hannaford, Jewel, Laura Lynn, Pathmark, Shaw’s, ShopRite, Tops and Weis Quality. The cereal bags have “best if used by” dates from April 8, 2008 (coded as APR0808), through March 18, 2009 (coded as MAR1809). Salmonella is a serious illness that can be fatal to children, the elderly, and those with a weakened immune system. It causes nausea, vomiting, fever, diarrhea and abdominal cramps.

If you think you may have contracted Salmonella from the tainted cereal, you should see your doctor and be tested for Salmonella. If you have a package of the recalled cereal DO NOT THROW IT OUT!!! Instead, secure the package so that no one else will consume it, attempt to locate your sales receipt showing your purchase of the contaminated cereal and consult legal counsel immediately.

There are links to additional stories about the outbreak below.

Thanks for reading,

Adam M. Gee, Esq.

Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

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Everyone at the Ziff Law Firm is excited about the Elmira Jackals upcoming playoff series against the Reading Royals! After a great season, Elmira finally gets to experience playoff hockey again. For those of you who have never experienced a playoff atmosphere at First Arena, or for those who may have forgotten what it is like, it is electric! The players and fans know that every shift, every hit, and every goal gets them one step closer to a championship!

In addition to Jackals playoff hockey, another thing we love is sharing information with the loyal readers of our newsletters that will keep their families safe, protect them from liability, and keep them abreast of changes in the law which may affect them. We want to share our newsletter with as many people as possible, because an informed public makes all our neighborhoods a better and safer place to live work, and raise our families.

In an effort to grow our list of subscribers and to share our love of playoff hockey, we are offering a FREE PAIR OF JACKALS PLAYOFF TICKETS to the April 15^th game to the first five people who submit the name, address and e-mail address of five people who would be interested in receiving our newsletters and other informative materials. Please make sure you get their permission before submitting their names! Since you all currently receive our newsletters, you know the fun and informative information it contains, and that we share our list with NO ONE!

Submit your list of names by e-mail to agee@zifflaw.com as soon as possible for the best chance of winning the tickets, but don’t hesitate to send them in late. We have been known to purchase a few extra tickets when demand is high, and even if the tickets are gone the friends and neighbors who you submit will start receiving our newsletter, and will likely thank you for it!

Thanks for reading,

Adam M. Gee, Esq.
New York and Pennsylvania Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com