Posts Tagged ‘Rosenberg & Gluck’

Risks that Alzheimer’s Poses for Driving

Thursday, December 29th, 2011

Author: Rosenberg & Gluck, LLP
“Personal Injury is All we Do”

Alzheimer’s disease primarily afflicts the elderly and at what point a person with Alzheimer’s should quit driving is under study. Currently, New York does not have a law that requires physicians to report patients with Alzheimer’s to the DMV for prohibited driving. In fact, no conclusive study has delineated accepted driving guidelines for people with Alzheimer’s. However, with more baby boomers coming of age, the elderly population percentage is increasing significantly, and today issues like Alzheimer’s are more in the public eye.

A 2009 USA today article reported facts from a research study conducted on 40 people with early-stage Alzheimer’s who were given a written test and road test. The study compared them with 115 older drivers without dementia and found the following:

 Alzheimer’s patients committed 42 safety mistakes
 Other subjects committed 33 safety mistakes
 Biggest errors for drivers with Alzheimer’s were swerving or hugging the center line when an oncoming car approached
 Errors increased by 2 1/2 mistakes for every increase in 5 years of age
 Some Alzheimer’s patients drove equally as well as their counterparts without dementia
 Flunking memory tests did not indicate motor skill or visual incapability for driving
 Alzheimer patients scoring average or better on written tests were no worse drivers than those without dementia

Get a legal opinion

If you suffer injury in a car accident and you wonder whether the other driver’s age or medical condition resulted in negligence, consult an experienced lawyer. A Suffolk County car accident attorney can evaluate your accident and advise you whether to pursue a case.

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Posted in Motor Vehicle Accident | No Comments »

Lawsuits and Bellwether Trials for Toyota Acceleration Defect

Wednesday, November 2nd, 2011

Author: Rosenberg & Gluck, LLP

After numerous reports of Toyota accelerators sticking and causing vehicles to accelerate suddenly, Toyota announced a voluntary recall of eight models including the Camry and Corolla. In 2010, Toyota recalled approximately eight million vehicles worldwide and an estimated six million within the United States.

Toyota’s concessions to appease consumers

Subsequent to the recall, people began filing lawsuits for personal injury, wrongful death, and economic losses based on car value. In response, Toyota made vehicle modifications, including a brake enhancement system causing the brake to override the accelerator in particular driving situations when both pedals were used simultaneously. Toyota also extended special services to customers with recalled cars. These actions were part of a promotional campaign to offset and restore consumer confidence in their vehicles.

Lawsuits on the docket

Yet, Toyota’s investigation revealed no identifiable defect, which Toyota lawyers are leveraging as a defense strategy in several lawsuits brought against them.

According to a Bloomberg Businessweek article , a federal court judge scheduled three Toyota trials in 2013 to hear suits involving sudden acceleration claims. The trials consist of:

  • Two families who filed wrongful death lawsuits for two family members killed in a Utah 2010 crash from a defective accelerator and brake failure to override it
  • An economic loss class action claim based on grounds that Toyota’s failure to disclose or fix acceleration defects drove down the value of their vehicles, a claim limited to car owners in only three states.

The trial outcomes are the bellwether for later trials and will be court decisions that dictate whether a class exists for further class action lawsuits. Suffolk and Nassau counties product liability lawyers throughout the country wait to see how these trial cases unfold.

 

 

 

 

 

 

 

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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.

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Posted in Medical Treatment, Motor Vehicle Accident | No Comments »

Determining Fault in a Car Accident — Why It Matters

Monday, November 15th, 2010

Holtsville, New York, Car Accident Attorneys

In car accident cases, the state of New York follows the principle of comparative negligence or comparative fault. According to the principle of comparative negligence, an injured driver can recover compensation for damages even if he or she is mostly at fault in a car accident. However, the amount of compensation an injured driver is eligible to receive will be reduced by the percentage of his or her fault. For example, if you suffer $100,000 in damages but are deemed 70 percent at fault, the most you could recover is $30,000; alternatively, if you are found 40 percent at fault, the most you could recover is $60,000. As a result, insurance companies have a vested interest in shifting as much blame for an accident as they can onto you, the injured driver.

Investigating Car Accidents to Determine Fault

After a car accident, most insurance companies will use internal accident investigators to determine what happened — especially in serious accidents where fatalities or catastrophic head trauma and spinal cord injuries have occurred. Additionally, a claims adjuster will likely call an injured person, often under the guise of trying to find out more about an accident. In many cases, the adjuster will try to gain the confidence of the injured person only to begin asking questions about what happened or the person’s injuries. You may be asked if you were wearing your seat belt, how fast you were going, if the sun was in your eyes, what you remember about the accident, etc.

The purpose of these questions is to collect information that can be used later to shift more or the entire fault for the accident onto you, the injured driver. Since insurance companies must first ask if they can record a call, they may tell you the conversation is being recorded for any number of reasons — training, quality assurance purposes or to make a record for internal reasons. If you consent to having the phone conversation recorded, your answers can be used later in court if your case goes to trial. Again, in many cases, insurers are simply looking for anything that might justify shifting more fault onto you, the injured driver.

How to Protect Yourself after a Car Accident

You can be reasonably sure that after a car accident, the other driver’s insurer will begin the process of investigating what happened and trying to keep from paying out any more than they absolutely have to. If you hire a personal injury attorney to represent you, insurers must go through your lawyer and leave you alone. Not only does this help protect you from claims adjusters looking for anything they can use against you later, it also means you’ll have someone fighting for your rights and interests.

Depending on the nature of the car accident, your attorney may begin his or her own investigation into what happened, collecting eyewitness testimony and other evidence important to your case. As a result, your attorney can take steps to make it more difficult for insurers to place a majority of the blame onto you.

Contact Holtsville, New York, Car Accident Attorneys Rosenberg & Gluck

If you’ve been injured in a car accident, don’t wait until the insurance company has offered you an inadequate settlement — contact personal injury attorneys or call 1-888-5454-2993 today. We can evaluate your case during a free consultation and help protect your rights and interests.

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New York Premises Liability Lawyers Suffolk County Nassau County

Friday, 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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Posted in Premises Liability, Slip and Fall, Trip and Fall | No Comments »

Suffolk County Car Accident Lawyers | Personal Injury Attorneys NY

Wednesday, 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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Posted in Motor Vehicle Accident, nassau county, Suffolk County | No Comments »

Suffolk County Drunk Driving Attorney | Nassau County Drunk Driver

Monday, 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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About Our Firm

Wednesday, January 14th, 2009

Rosenberg & Gluck, L.L.P., was established in 1996 by Ted Rosenberg and Michael Gluck. Michael and Ted joined forces in 1996 to Fight for the Rights of Personal Injury Victims on Long Island, in Suffolk County.  Together, the Attorney’s have 40+ years of experience in prosecuting personal injury claims. They also have three top-flight attorneys: Michael V. Buffa, Diane Spinner,and Kathleen Ianno. All of the attorneys at Rosenberg & Gluck are esteemed professionals who work on multi-million dollar cases every day.

The attorneys at Rosenberg & Gluck are members of the New York State Trial Lawyers Association, the Association of Trial Lawyers of America, the American Bar Association, the Suffolk County Bar Association, and the New York State Bar Association.

Those on the other side, insurance company adjusters and defense attorneys refer their injured friends and relatives to the firm for representation. Rosenberg & Gluck  have also been called upon by the Judiciary to represent their families and loved ones. We consider this to be the highest compliment we can receive as personal injury attorneys. We believe that we have this kind of reputation in Suffolk County for good reason.

We cut no corners in the preparation of personal injury cases. We have gained a reputation for being thorough that few law firms can match. We do our homework and leave no stone unturned as we line up experts, gather evidence, research the law, and plan your case. “Personal Injury is all we do”

Areas of Practice include the following:

Class Actions, Motor Vehicle Accidents,Personal Injury,Products Liability Law,Toxic Torts,Auto / Car Accidents,Truck Accidents,Construction Accidents,Motor Vehicle Accidents,Slip or Trip and Falls,Wrongful Death,Products Liability,Spinal Cord Injuries,Brain Injuries,RSD/CRPS,Nursing Home Injuries,Medical Malpractice,Premises Liability,Herniated or Bulging Disc and various other Personal Injury cases.

With offices throughout Suffolk County, New York, our personal injury lawyers can meet with you at a convenient location to discuss your person injury claim and help you decide the best way to proceed.  Initial consultations are always free so please feel free to visit our newly created website at the following address: www.lilawyer.com or www.lilawyer-caraccidents.com .  We can also be reached at the following telephone number,(631) 451-7900.

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