Archive for the ‘Medical Treatment’ Category

What You Should Do if a Claims Adjuster Calls after Your Accident

Tuesday, December 21st, 2010

Talk to an Attorney before Talking to an Insurer

Regardless of whether we’re talking about a large or medium-sized insurance company, insurers are in business to make money. In order to maintain a favorable rating from Moody’s or Standard & Poor’s, an insurance company must maintain a three-to-one premium-to-surplus ratio. What does this mean? Simply put, it means that for every three dollars of coverage an insurer underwrites, it should have one dollar in surplus to cover losses on policies. When this ratio is upset, an insurer can be downgraded, negatively impacting its stock value and upsetting shareholders. In order to protect its financial interests, it is not uncommon for an insurance company to tie salaries, promotions and even annual bonuses to reduced claim payout goals. As a result, insurance companies have a financial incentive to settle personal injury cases for the least amount of money possible.

Reducing Claims Payouts — Talking to Injury Victims before They’ve Healed

It can take weeks, if not months, to determine the full extent of a head, neck, back or soft tissue injury. Even if you think you only have a mild concussion or a neck that’s a bit stiff, in the weeks or months following a car accident you could suffer memory loss, chronic pain, tingling in your hands or legs, reduced mobility or balance problems. Insurance companies are aware of this and realize that the sooner they settle a case, the better. That’s why claims adjusters often try to talk to injury victims as soon as possible after an accident; if they can broker a settlement before the full extent of your injuries is known, they can save money.

What Happens if I talk to an Insurance Company Employee after My Car Accident?

If you accept a settlement offer from an insurer before the full extent of your injuries is known, you may find that the compensation offered will not cover all of your medical expenses or lost wages. If you accept an initial offer from an insurer, you will be required to sign an agreement that prevents you from seeking additional damages at a later date. When an insurance claims adjuster calls, he or she may try to gain your confidence and trust by reassuring you that he or she only wants to see how you’re doing and collect certain information. In most cases, however, the claims adjuster is hoping you’ll say something that can be used to reduce your claim or shift more fault onto you later if your case goes to court.

Assigning Fault in Car Accidents — Contact an Attorney to Protect Yourself

The more fault assigned to you in an accident, the more any compensation you are eligible to receive will be reduced. When an insurance claims agent calls asking questions about how fast you were driving, if you take any medication, what you remember about the accident, etc., he or she is fishing for anything that can be used to shift more fault onto you. If you hire a lawyer to represent you, however, the insurer has to talk to your attorney link to www.lilawyer.com/. Consequently, the best way to protect your rights and interests after a car accident — or any kind of accident — is to contact an experienced personal injury attorney.

If you’ve been injured in a car, construction, pedestrian, motorcycle, or slip and fall accident, contact Long Island, New York, personal injury attorneys at Rosenberg & Gluck today to schedule a free consultation and learn how we can help you.

How To Choose A Personal Injury Lawyer

Monday, December 13th, 2010

How to Choose a Personal Injury Lawyer

One of the most difficult decisions the victim of an accident has to make is who to choose as their attorney. While there is no shortage of lawyers who will promise just about anything in an effort to entice you to become their client, making an informed decision can be difficult. The fact is, not all lawyers and law firms are equal. Who represents you is an important decision since to whom you entrust your case will have a huge impact on the outcome.

Some questions you should ask are:

What type of cases do you handle?

The law, like medicine and many other fields, has become increasingly specialized. While there are lawyers who would like to think they can handle just about any type of case, the truth is you are better served by a law firm that only handles the type of case you have. If you have been injured, retain a personal injury law firm. If you had a broken bone you wouldn’t go to a dentist. For the same reason, if you need help with a personal injury matter you should seek help from someone that only handles matters like yours. All of our firm’s efforts are focused on representing injured clients without the distraction of other types of legal matters. At Rosenberg & Gluck personal injury is all we do.

Does the firm have the resources to handle every aspect of your case in a timely manner?

Properly handling a personal injury case can involve the expenditure of tens of thousands of dollars and hundreds of hours of legal work. Expert fees, investigations, trial exhibits, and a host of other necessary expenses add to the costs of successfully prosecuting a case. Many firms simply cannot afford to thoroughly prepare their cases by making these expenditures of time and money. A lawsuit is not the place to cut corners. While smaller firms often cannot devote all the time and resources that a case requires, Rosenberg & Gluck is a substantial, well established firm with the personnel and resources to battle the insurance companies.

Does the firm have the personnel with the right experience handling cases like yours?

Rosenberg & Gluck is comprised of six experienced attorneys, complimented by a staff of seasoned paralegals and legal secretaries. The founding partners have each been representing the injured for almost 30 years. Our firm has successfully handled thousands of cases for the injured. Day in and day out, for decades, our lawyers and support staff have helped thousands of people whose lives have been affected because of their injuries.

How often does the firm go to trial on cases like yours?

Whether a law firm has the experience to try your case before a judge and jury is critical. This is important because ultimately you will be faced with making a choice between accepting whatever the insurance company offers you or taking your case to trial. The fact is that most lawyers either never try cases or rarely do; insurance companies know better than anyone which attorneys actually take cases to trial. Many lawyers simply write letters and serve some legal pleadings knowing full well they have no intention of actually fighting in court for their clients. Rosenberg & Gluck takes a different approach. We believe that each case should be treated as if it will go to trial. While this approach is more work for the attorney, the client benefits whether or not the case is actually tried. It really is just common sense; you either take the insurance company’s settlement offer or go to trial. If the insurance company knows your lawyer rarely goes to trial or is not a talented trial attorney, why should they make you a fair offer? There are only a handful of insurance company lawyers on Long Island that handle the vast majority of cases. The lawyers for Allstate, State Farm, GEICO, Liberty Mutual, and Progressive know which lawyers are in court every day fighting them and which lawyers just take what is offered. So when it comes to selecting a law firm to represent your interests ask, “When was the last time you actually went to trial on a case like mine?” “How many years experience do you have handling cases like mine?” The lawyers at Rosenberg & Gluck routinely go to trial on personal injury cases. We are in court almost every day fighting for our clients. In fact, we have been successfully trying cases like yours for decades.

What success has the law firm had in court with cases like yours?

Rosenberg & Gluck has a long standing and distinguished record of success in the courtrooms of Long Island. We are members of the prestigious Multi-Million Dollar Advocates Forum. This organization is only open to those lawyers who have obtained multi-million dollar results on individual cases. We are also rated “AV” by Martindale-Hubbell. This is the highest possible rating for ability and ethics as judged by other lawyers on Long Island. Our success is well recognized by judges, defense lawyers and other law firms. So much so that they have referred their family and friends to Rosenberg & Gluck for representation. Of course, not all cases will result in awards in the millions, but we have had remarkable successes on cases of all sizes, cases that many firms would not take to trial, cases that other lawyers would settle for whatever the insurance company offered. Simply going to trial is not enough; your lawyer should have years of experience handling cases like yours on a daily basis. We have decades of experience and thousands of satisfied clients. If you want a law firm that has both extensive experience and a record of success then Rosenberg & Gluck is the firm to choose.

How to Protect Your Job after a Personal Injury

Monday, November 15th, 2010

Long Island, New York, Personal Injury Lawyer

After a serious accident, you may need weeks, if not months, to recover. As a result, you may not be able to return to work for a long time. While you may be eligible for certain medical benefits through your employer, if you fail to take certain steps after a serious accident, you could lose your job. It is important to remember that New York is an “at-will” employment state; in other words, your employment is considered to be “at your own will” Or “at the will” of your employer. Consequently, except in cases involving protected classes of people or when employees exercise certain legal rights, an employer can terminate a worker for little or no reason at all. So, it’s essential that you take advantage of the rights and protections afforded to you under state and federal law.

The Family Medical Leave Act and Personal Injuries

Under the Family Medical Leave Act (FMLA), employees can take up to 12 weeks of unpaid leave for medical reasons. In order to qualify you must be an “eligible” employee. This means you must have worked for your employer for at least 12 months and your employer must have 50 or more employees. Under the terms of FMLA, you are entitled to return to your job after your leave ends. If an employer eliminates your position, they must provide you with a job with comparable pay and similar job opportunities. There are rare instances in which employers are exempt from these requirements if they can actually prove your job was slated for elimination or that a comparable job does not exist. However, these kinds of cases are the exception and not the rule.

Filing for Medical Leave with Your Employer after an Accident

After your injury, you should contact your employer and begin the process of filing for FMLA. Under New York law, your employer can require you to take sick pay concurrently with FMLA leave, but only if they’ve first made such a policy clear — usually in writing — at the beginning of your leave. Your employer may also require medical information from your doctor and a medical release from him or her indicating you can return to work. Under FMLA, however, you are not required to have a company-approved doctor evaluate your injuries. After 12 weeks of leave, an employer is not required to provide you a job.

Short-Term Disability after a Serious Car, Truck or Motorcycle Accident

Under state law, employers in New York are required to provide short-term disability insurance for people who have been on a job for least a month. The benefit pays 50 percent of an employee’s salary, but typically cannot exceed more than $170 a week. Employers must provide short-term disability benefits for up to 26 weeks. While short-term disability won’t protect your job, it can provide financial support while you heal or begin the process of filing for long-term disability.

Contact Long Island Personal Injury Attorneys Rosenberg & Gluck

There are a number of financial and legal issues that must be addressed in personal injury cases. If you’ve been seriously injured in a car, pedestrian, motorcycle, medical malpractice, or slip and fall accident, contact Long Island, New York, personal injury attorneys Rosenberg & Gluck today for a free consultation.

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

Wednesday, 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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