How Do I Pay My Bills While Auto Accident Lawsuit is Pending?

August 30th, 2010

If you have been injured in a car accident, truck accident or motorcycle accident, you may have a lot of medical bills. Even if you have a personal injury lawsuit to recover the cost of your medical care, that money is not in your hands yet. You may be unable to work and not have access to temporary or long-term disability payments. Even if you do, they may not be enough to cover your bills, including your mortgage, car payments, utilities and food expenses. When you still have to pay all those obligations, but there’s nothing coming in, what can you do?

At Rosenberg & Gluck, we have protected the rights of motor vehicle accident victims for over 28 years. We know first-hand how difficult it can be to simply survive financially when you can’t work because of injuries suffered in a car, truck or motorcycle accident.

A Cash Advance from Your Potential Recovery

One option available to many people is what is known as lawsuit financing. Under this type of arrangement, a financing company will advance money to you in exchange for a portion of any recovery you receive. Funds can often be in your hands within 24 to 48 hours.

You must qualify for this type of funding, though. Because your eligibility is based on the strength of your case and not on your personal credit, a credit check is not necessary. However, the financing company will meet with your attorneys and gather all necessary information to determine the quality of your case, reviewing the evidence, questioning witnesses and looking at all relevant documents, including

  • the police report
  • medical records, such as bills or reports
  • your contingency fee agreement with your attorney
  • proof of the defendant’s insurance coverage

Your lawyers may have a vested interest in helping you obtain this type of funding, because it can alleviate the need to settle early for less than you deserve, simply because you need to keep your home or other assets.

Let Us Help You Get Through a Car Accident Claim

If you have been injured in a motor vehicle accident because of the carelessness or negligence of another driver, contact the experienced personal injury attorneys at Rosenberg & Gluck. We have protected the rights of thousands of clients throughout Suffolk and Nassau Counties. For a free initial consultation, call our office toll-free at 1-888-545-2993.

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Insurance Coverage for Car Accidents in New York

July 30th, 2010

If you have been in a car, truck or motorcycle accident caused by another person, one of the first things you do is exchange insurance information. What kind of insurance coverage can you expect the other person to have to cover your injuries?

If the car is in New York, then by law, that driver is required to maintain at least $25,000 of liability coverage to cover anyone they negligently injure. That driver also has $50,000 of “No Fault” insurance which covers her, her passengers, and any pedestrians she hits, regardless of who is at fault for the accident. The driver will also have $50,000 in coverage for injuries resulting in death, and $10,000 for property damage. If the driver of the other car does not carry the proper insurance for some reason, or if it’s a hit-and-run situation, then your own car insurance has a minimum of $25,000 underinsured motorist coverage.

When Your Injuries Are Covered by “No Fault”

You must make your claim for personal injuries from the insurance company’s No Fault policy covering the car you occupied at the time of the accident. In this situation, you would go to your doctor and ask if they accept “No Fault.” If they do, they will bill the No Fault policy directly. If not, then you can ask for a referral to a doctor who accepts No Fault. The doctor will then make the claims directly to your insurance company.

The law will not allow you to bring a successful personal injury lawsuit against the other driver even if he or she is at fault unless the injury qualifies as a “serious injury” as defined by New York law.

“Serious Injury” - When You Can Sue the Other Driver for Negligence

If the injuries you suffer in the car accidents are considered a “serious injury,” then you can sue the other driver for your injuries. A serious injury is defined in either of two ways. In the unfortunate event that you suffer one of a specific list of serious injuries, then you can sue the other driver directly. Your injury will be considered serious if it is “a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.”

Alternatively, if you expect that your medical bills, certain lost wages, and certain other incidental expenses will exceed $50,000, New York Insurance law will permit a personal injury suit against the driver.

Long Island Personal Injury Lawyers - We Handle Negligence Claims

In the event that you or a loved one have indeed suffered an injury because of the carelessness or negligence of another driver, then contact the experienced personal injury attorneys at Rosenberg & Gluck. We have protected the rights of thousands of clients throughout Suffolk County and Nassau Counties. For a free initial consultation, email us or call our office at 631-451-7900.

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New York Premises Liability Lawyers Suffolk County Nassau County

July 16th, 2010

Who’s Responsible When You’re Injured on Someone’s Property?

Premises Liability

If someone is injured on another person’s property, the owner of that property may be responsible. When someone causes injuries to another person on their property, this is referred to as “premises liability.” Premises liability comes in a variety of flavors. It can include pool drownings, falling trees, and even fires caused by building code violations. Some other types include the following:

Dog Bites

When a person is bitten and injured by a dog, the owner of the property where the dog is kept may be responsible to pay for the victim’s medical bills, lost wages, pain and suffering, and other damages. If the owner or landlord had knowledge of the dog’s vicious tendencies, had the ability to control the dog, and failed to do so, he or she will be held liable for any injuries.

Sidewalk Injuries

The law makes it a homeowner’s and store owner’s obligation to maintain the sidewalks in front of their property in the case of private sidewalks and walkways. Government entities which maintain sidewalks must have gotten prior written notice of the defect. In New York City, if someone trips and falls due to an unrepaired sidewalk, the person who owns the property adjacent to that raised sidewalk may be responsible for the victim’s injuries.

Dangerous Conditions

When someone is injured on a broken step, by a protruding rusty nail, or any other kind of dangerous condition on someone’s property, the property owner may be liable for the victim’s injuries. Such injuries can cause untold injury, leading to serious medical treatment, lost wages and other types of damage. The injured party may be successful in a personal injury lawsuit to recover several types of damages from the landowner or tenant.

Contact Rosenberg & Gluck

If you have been injured by or on someone’s property, contact the experienced personal injury attorneys at Rosenberg & Gluck. We are among the largest and most experienced personal injury firms in Suffolk County and Nassau County. Personal injury is all we do. For a free initial consultation, contact us or call our office at 631-451-7900.

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Goodyear Settles Harley Accident Claim

June 30th, 2010

Goodyear and Dunlop Tires have settled a lawsuit which alleged that one of its tires suddenly deflated, causing personal injuries to the riders of a motorcycle. The settlement was for an undisclosed amount, but according to court filings by Goodyear, was based on a decision settle immediately, “rather than risk an adverse and substantial verdict by the Court at trial.”

The lawsuit was filed in Illinois by plaintiffs Mike and Darla Green, who owned a Harley Davidson motorcycle. In June, 2007, the Greens left Illinois with two other couples to drive to Yellowstone National Park. A passenger on one of the motorcycles following the Greens complained that she could smell burnt rubber. She also told the Greens that it appeared that their back tire had a slow leak.

The parties got back on the road after lunch and within minutes, the rear tire on the Green’s motorcycle had a sidewall deflation. When the tire deflated, Mike Green lost control of the bike and it skidded on its side, throwing off Mike and Darla.

Darla Green was taken by an ambulance to Research Medical Center in Independence, Missouri. She suffered a brain injury and a torn rotator cuff. She experienced general loss of vision in both eyes and had continuing bouts of anxiety and depression. She also suffered severe road rash and underwent an emergency tracheotomy at the scene of the accident. The scarring from the tracheotomy had affected her ability to sing with her church choir.

Though Michael Green initially refused treatment for his injuries, he subsequently went to the hospital. There, he was given morphine for pain caused by the accident. He was eventually diagnosed with a meniscus tear in his right knee, which required two operations.

The Lawsuit

The Greens filed suit in 2008, alleging that their injuries were caused by defects in the Dunlop tire on the rear of their bike. In its initial response, Goodyear alleged that the Greens had overloaded the capacity of the bike, both at the time of the accident and for some time before the accident, leading to the sudden deflation of the tire. Both Mike and Darla Green weighed over 260 pounds at the time of the accident and the Greens also had luggage on the bike.

To support this claim, Goodyear alleged that the tire had only 1/16th of an inch of tread at time of the accident. According to Goodyear, this demonstrated that the Greens had failed to properly inspect the bike before operating it.

During the discovery process, Goodyear sought to provide the testimony of its plant manager, indicating that quality control processes were in place and that the Green’s tire had been properly inspected before leaving the plant. This, they believed, made it clear that the Green’s injuries were the result of their own negligence. The judge in the case ruled, however, that this testimony was inadmissible. The case settled shortly after this ruling.

Contact Rosenberg & Gluck

If you have suffered a personal injury because of a defective product, or the carelessness or negligence of another person, contact the experienced personal injury attorneys at Rosenberg & Gluck. We are among the largest and most experienced Personal Injury Firms in Suffolk County and Nassau County. Personal injury is all we do. For a free initial consultation, e-mail us or call the office at 631-451-7900.

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Rosenberg & Gluck Case Results

May 11th, 2010

On May 5, 2010 Ted Rosenberg settled a case during trial for $740,000. Ted represented an electrician who was injured in a Construction Accident when the staircase he was walking on collapsed. The client was in the process of wiring a new home when the wooden stairs separated from the first floor and fell into the basement. The worker suffered a dislocation fracture of this foot and required three surgeries. The company who installed the stairs went out of business and had no insurance. Rosenberg & Gluck alleged a violation of the NY Labor law and asserted that the general contractor was responsible for the negligence of its subcontractor.

A 42-year-old woman suffered “soft tissue” injures to her back in an automobile accident. Refusing to acknowledge she had suffered serious injury, the insurance company offered only $3,000. Our resolute pursuit to obtain justice for our client led the case to trial, and a Riverhead jury awarded her $140,000.

A 28-year-old man was involved in an intersection accident and suffered a herniated disc. The insurance company denied responsibility and claimed our client had run a red light. We convinced the jury otherwise, that it was the defendant who had actually run the red light. Once the jury acknowledged this finding, the defendant offered $5,000 to settle. We turned the offer down and proceeded to try damages, securing a verdict of $240,000 for this “soft tissue” case.

A 41-year-old ironworker suffered a crush injury on the job. A piece of iron came loose from a structure he was disassembling and it fell on his foot. The defense argued that since the man had caused the accident himself, they should not be held responsible. We were prepared to try the case and were successful in obtaining a settlement of $475,000 just prior to trial.

The client was a 49-year-old man who worked on a highway crew. While sitting in his work truck, he was struck by another vehicle. The accident aggravated his bulging discs
– a preexisting condition – and he also required arthroscopic knee surgery. Except for light duty, he was unable to return to work. The insurance company offered $50,000 to settle. By taking the case to trial, we were able to obtain a jury verdict of $2,390,000.

While staying in a local hospital, a 57-year-old woman developed pressure ulcers, bedsores. The State-run hospital denied responsibility, and we prepared the case for trial. Just before commencement, the State, however, reconsidered its position. They agreed to make a substantial six figure settlement.

A 39-year-old woman and avid bicyclist riding with members of her bicycle club was seriously injured in a crash approximately 65 miles into a 72 mile ride. The incident was precipitated by roadway repairs. Defendants’ motions for summary judgment based on the defense of “primary assumption of risk” were denied. They appealed. We prevailed on appeal and made new law in the Second Department significantly diminishing the “primary assumption of risk” defense. The case settled for a substantial sum before trial.

Our client, a young man with a wife and two children, injured his back as the result of an accident at a construction site. He was unable to work and lost everything, including the self-respect that comes from providing for one’s family. No settlement offers were made by the defendants, so we went to trial on the issue of liability and the jury found the defendants to be 100% liable. After the verdict, we obtained a seven figure settlement. Our client and his family got their lives back…they bought a house, are paying their bills, and most importantly, have recovered their self-respect.

Our client was shopping in K-Mart when she tripped and fell due to a ladder that was left in the aisle. She sustained a serious injury to her knee. Prior to trial, there was a $30,000 offer of settlement. This was unacceptable. We obtained a liability verdict for our client holding K-Mart 75% responsible, and then settled the case for $300,000.

Our client moved his family to Suffolk County from Brooklyn to improve their quality of life. While working one night, he slipped on ice and fell, injuring his neck and back. Unable to work, his dreams of a better life were fading away. Shortly before trial, we engaged in non-binding mediation and secured a $900,000 settlement. Our client’s dreams were restored…he and his wife bought a new home and he is able to provide a better life for his two young boys.

Our client was a 64-year-old woman with pre-existing degenerative disc disease of the spine. The defendant hit the rear of our client’s vehicle, further injuring her back, but causing only $400 in damages to the car. At trial we were able to overcome the difficulties of a pre-existing condition and the natural assumption that a light impact could not cause a serious injury. The jury returned a six figure verdict for our client.

Our client was seriously injured in a motor vehicle collision at an intersection. He was making a left hand turn and had the stop sign. Shortly before trial, all parties agreed to resolve this matter through binding arbitration. At the arbitration we put in evidence, produced expert witnesses, offered demonstrative evidence and argued our client’s cause. The expenses we advanced in bringing this case exceeded $37,000. In spite of the fact that our client had the stop sign, we obtained an award of $740,000.

Contact Rosenberg & Gluck for a free consultation if you have been injured in a accident.

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Suffolk County Car Accident Lawyers | Personal Injury Attorneys NY

January 27th, 2010

What do you do after you’ve been in a car accident?

Do you know what to do if you’re involved in a car accident?  Who do you call?  What do you say?  What do you need?  The information that follows should help answer these questions.

Things you should keep in your vehicle at all times:

1.     Your vehicle’s insurance card or other insurance policy information – make sure it is up-to-date – if your information is not up-to-date, the police may issue you a ticket

2.     Blank paper and pen to take down information

3.     Consider keeping a disposable camera in your glove compartment – take photographs of the scene and the vehicles involved

Immediately after an accident, contact the police.  Stay at the scene until after the police have indicated it is okay for you to leave – unless, of course, you are taken by ambulance from the scene.  Verify that the responding officer will be preparing an accident report – MV-104A.

Gather the name and address of the other drivers involved.  Take down their driver’s license information, as well as their insurance policy information.

Gather witness information.  Did anyone stop to say they saw the accident happen?  If so, ask for the person’s name and contact information.  This information may be vital later on.

Report the accident to your insurance company.  Do not wait to do this.  Contact them as soon as possible, preferably the same day the accident took place.  If the police provided you with a Central Complaint Number (or other identifying number), give this number to your insurance company.  Make sure you take down the names of every insurance company representative you speak to with regard to your accident.  You will likely be given a claim number by the insurance company representative – write this number down.

If you are injured as a result of the accident, advise your insurance company that you are injured.  As discussed in the first blog entry, under certain instances you will notify an insurance company other than your own when you are injured in an accident.  In other words, if you are a passenger in your friend’s car when you get into an accident, you tell your friend’s insurance company that you are hurt.  If you are a pedestrian hit by a van, you tell the van’s insurance company that you are hurt.  If you are driving your own car, or if you’re a passenger in a car you own, you tell your insurance company that you are hurt.

The insurance company will send you a No-Fault application to be completed. You must return the application within 30 days of the accident in order to receive no-fault benefits.  It is recommended that you have an attorney assist you in the completion of this application.  Why?  Because from this point forward, every document that you complete and/or sign is a statement that may be used against you or used to contradict later statements.

What if you are “on the job” when you get into an accident?  If you are involved in an accident during the course of your employment, your Workers’ Compensation Carrier will cover your injuries.  It is imperative that you notify your employer that you were injured in an accident while on the job.

Contact Rosenberg & Gluck

If you have suffered a personal injury because of a car accident, or the carelessness or negligence of another person, contact the experienced personal injury attorneys at Rosenberg & Gluck. We are among the largest and most experienced Personal Injury Firms in Suffolk County and Nassau County. Personal injury is all we do. For a free initial consultation, e-mail us or call the office at 631-451-7900.

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What’s a “ROM” measurement and why is it so important?

December 16th, 2009

In all accident cases, it is necessary to prove you suffered an injury.  In a motor vehicle accident case, the injury must be what the law considers a “serious injury”.  Oftentimes, an injury may limit the degree to which you bend your neck, back, arm, knee, etc.  These limitations can be crucial evidence in proving the extent to which you are hurt. 

 

Physiatrists, chiropractors and physical therapists, among other health care providers, may take what’s called a “ROM” measurement of the injured part of your body.  ROM stands for range of motion.  Sometimes a medical provider will use a device, like a goniometer, to take a ROM measurement.  They will compare your ROM measurements to what are considered to be the normal ROM measurements.  Any difference between your values and what is considered normal will be considered a limitation. 

 

If at all possible, speak with your medical provider and ask whether he or she can take ROM measurements during your physical examination.  Some doctors take ROM measurements during each visit, which may show that your limitations continue over a period of time. 

 

These ROM measurements are important because they will help prove the extent to which you are hurt.  This is especially the case in motor vehicle accidents when your attorney must prove you are “seriously” injured, as defined by the law. 

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New Bill Signed into Law Helps Those With Private Health Insurance

November 25th, 2009

If you have ever been injured in an accident, you likely needed to use your private health insurance to cover the costs of treatment.  Most, if not all, insurance companies want to be reimbursed for all of the money that they have paid on your behalf related to the accident – they look for reimbursement once you start a lawsuit.  They send letters to you or your attorneys claiming they have a right to be paid back.  Where would this money come from?  Too often, it comes from your settlement and it means less money in your pocket.

 

Governor Paterson signed into law a bill which limits the reimbursement and subrogation rights of health insurance providers.  The law is found in New York State General Obligations Law, section 5-335.  The new law provides that if you settle an action for personal injury, medical, dental or podiatric malpractice, or wrongful death, the health insurance provider shall have no lien, or right of reimbursement or subrogation, against you or your settlement. 

 

There are a few exceptions to this new law.  For instance, if you have a health insurance plan that is governed by ERISA, this law may not apply.  The law will not apply if any of your treatment has been paid by Medicare or Medicaid.  Also, the law does not apply to additional personal injury protection (APIP) benefits covered through your motor vehicle insurance carrier. 

 

Remember: If you have been involved in an accident and your health insurance provider has requested reimbursement, contact your attorney.  They will be able to determine whether your insurance provider is covered by this new law. 

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Suffolk County Drunk Driving Attorney | Nassau County Drunk Driver

November 16th, 2009

Don’t Ride With A Drunk Driver

We are all too familiar with the dangers of drunk driving – there have been many news stories of late illustrating in gruesome detail what happens if someone drives drunk.

If you have been injured in a motor vehicle accident involving a drunk driver the outcome of your case may be dependent upon a few things.  For instance, if you were the passenger in a car whose driver was drunk, your case against that driver may depend on whether you knew the driver was drunk.

You may be thinking to yourself – “Wait, I was just a passenger; I didn’t make the driver hit another car / tree / person / building.”  While that may be true, did you knowingly place yourself in a vehicle with a drunk driver?  Even passengers have an obligation to take precautions to guard their safety while riding in a vehicle.

Your knowledge or awareness of whether the driver had been drinking prior to the accident will be called into question.  If you did know the driver was drinking, an issue will likely arise as to whether you were also negligent for riding in a vehicle with a drunk driver.

As with other issues this blog has discussed, this one also has a simple solution:  don’t get into a vehicle with a drunk driver.

Contact Rosenberg & Gluck

If you have suffered a personal injury because of a drunk driver, or the carelessness or negligence of another person, contact the experienced personal injury attorneys at Rosenberg & Gluck. We are among the largest and most experienced Personal Injury Firms in Suffolk County and Nassau County. Personal injury is all we do. For a free initial consultation, e-mail us or call the office at 631-451-7900.

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New State Law Bans Texting and Emailing While Driving

November 6th, 2009

Many, if not most, of us have cell phones or other personal digital assistants (PDA) and we take them with us while we drive.  A law has been on the books for some time now that makes it illegal to drive while using a cell phone without a hands-free device.  Governor Paterson recently signed a law that makes it illegal to operate a motor vehicle while using any portable electronic device while the vehicle is in motion.  This new law took effect on November 1, 2009. 

 

The law defines “portable electronic device” to include the following: hand-held mobile phone, personal digital assistant (PDA); handheld device with mobile data access; laptop computer; pager; broadband personal communication device; two-way messaging device; electronic game; or portable computing device. 

 

The law also defines the term “using” to mean the following: viewing, taking or transmitting images; playing games; or composing, sending, reading, viewing, accessing, browsing, transmitting, saving or retrieving e-mail, text messages, or other electronic data. 

 

There are some exceptions to this law.  The law will not apply if you are using the portable electronic device for the sole purpose of communicating with an emergency response operator; hospital; physician’s office or health clinic; ambulance company or corps; fire department, district or company; or police department.  Also, the law will not apply to police officers, peace officers, members of a fire department, district or company, or the operators of authorized emergency vehicles while these individuals are performing their official duties.  

 

If you are ticketed for breaking this law, you may be punished by a fine up to $150.  In order to be ticketed for breaking this law, you must have committed another offense such as speeding, disobeying a traffic signal or some other violation. 

 

At one time or another, you have probably seen someone texting or emailing while they drive.  These drivers are distracted from what should be their primary focus – driving.  Too many accidents occur because a driver is distracted – don’t let that driver be you. 

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