Archive for the ‘Motorcycle Accidents’ Category

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.

Insurance Coverage for Car Accidents in New York

Friday, 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.

Goodyear Settles Harley Accident Claim

Wednesday, 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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Phone: 631-451-7900

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