During last summer’s legislative session the New York State Senate and Assembly passed a bill that will require insurance companies in to include supplementary underinsured/uninsured motorist coverage (SUM) in their policies at the same level as the insured’s own liability limits. Although not signed into law by Gov. Cuomo yet, this is an important piece of consumer protection legislation for all insured automobile drivers to understand.
There are special rules that apply when suing the City of Buffalo for personal injuries. One of these special rules requires prior written notice of defects before you can successfully bring a claim for personal injury. As with most rules there are some exceptions, including if city workers created the defect or where a ‘special use’ conferred a benefit to the city.
With insurance fraud on the rise, personal injury victims are often confronted with the accusation that the incident that they are seeking to recover for (slip and fall, car accident or work related injury) did not ever happen in the first place.
In a tight economy, people are looking for ways to trim their budgets. Many insurance companies advertise that they can lower your rates. However, sometimes you’re getting a lower rate because you are getting different coverage. When shopping for insurance you should do the following:
Suffering a serious injury in an automobile accident can have a devastating impact on one’s physical and financial well-being. Typically, a lawsuit stemming from a motor vehicle accident is brought with the goal of obtaining just compensation for injuries suffered. But consider this common, and often surprising, scenario: You are seriously injured in an automobile accident as a result of someone else’s negligence and suffer injuries determined to be worth $100,000.00. You hire an attorney, file a lawsuit, and justifiably expect to be fairly compensated for your injuries only to find out the person responsible has a maximum bodily injury insurance coverage limit of $25,000,00. What are you options?
Legislation can be vague and outdated, leaving many legal decisions up to the court to decide. Over time, rulings form a precedent for judges and juries to follow, although the formed criterion may not always be the best for all cases. Such a problem existed with New York State’s No-Fault statute. The law guarantees medical and lost wage benefits regardless of who was at fault for the automobile accident, but the vague language has left many victims without proper compensation or justice. Luckily, this past November the injustice was corrected through three appeal cases (Perl v. Meher, Adler v. Bayer and Travis v. Batchi) and now individuals hurt in a car can put their worries at rest and focus on recovery.
The Medicare Secondary Payer Statute requires that no payments for treatment or services for a beneficiary be made by Medicare when payment has been made, or can reasonably be expected to be made under a workmen’s compensation law or plan of the United States or a State or under an automobile or liability insurance policy or plan (including a self-insured plan) or under no fault insurance.
On January 10, 2012, the Court of Appeals of the State of New York, the State’s highest Court, ruled in favor of families who have lost loved ones because of the negligence of others. In Toledo v. Christo, the Court ruled that a wrongful death plaintiff may collect interest on a damage award from the date of a decedent’s death, rather than the date a court ruled on liability. Specifically, the Court held “the proper method for calculating preverdict interest in a wrongful death action is to discount the verdict to the date of liability, i.e., the date of death, and award interest on that amount from the date of death to the date of judgment.”
A question people often ask after a car crash is “I didn’t go to the emergency room after the crash, now I’m in pain days later. Am I still covered by no fault insurance?”
On October 7, 2011, Buffalonews.com reported a three car accident that killed 51 year old Cheryl Ozzimo and her husband, 58 year old Ronald Ozzimo. This tragic incident raises several legal issues. A wrongful death action also includes a personal injury. The personal injury is the underlying theory for the culpability of the defendant. Damages in a wrongful death action is the financial loss to the survivors of the decedent. The time between injury and death including pain, medical treatment, loss of work are brought as a separated personal injury action, they are not covered by the wrongful death cause of action. All damages after death (future wages, services to spouse, etc.) are included as financial losses to the survivors. The statute of limitations for wrongful death is two years.