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.”

In New York State, a personal representative of a decedent’s estate may sue a party causing the death of a loved one, claiming compensation for lost wages, lost support and services, consortium, funeral expenses, medical expenses, and lost guidance, nurturing and instruction of a parent. Should a jury award the plaintiff damages in a wrongful death case, the plaintiff is also entitled to interest on the verdict. The Court of Appeals was very clear that this decision, and the awarding of interest on future damages to a plaintiff, is not to act as a penalty against a defendant. The moment a plaintiff is deprived of the loss of use of compensation, they should be entitled to interest until that compensation is paid. To do otherwise would allow a situation which encourages a defendant to delay payment, while at the same time benefiting from accumulating interest. In the case of the wrongful death of a loved one, the date of the loved one’s death is comparative to the date of deprivation. Hopefully, this decision will act as an incentive to at fault defendants to compensate families for the wrongful death of their loved one(s) sooner rather than later.

Tags: interest on damage, toledo v christo, wrongful death

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?”

The short answer is yes, provided you have submitted a timely no-fault claim. No-fault insurance is extended, in general terms, to everyone who is injured during the use, operation, or maintenance of a motor vehicle. If you were so injured, you have thirty days to submit a no-fault claim regardless of whether you have insurance of your own. Wisdom suggests that any injury, bruise or break, should be listed on the claim because you don’t know which injury will require the most medical attention. No-fault insurance is responsible for physical injuries and money losses you sustained due to the use of a motor vehicle, and provided your injury is ‘reasonably ascertainable’ within one year of the crash, you will typically be covered. This amount of time permits you to have second opinions, get physical therapy, and surgical opinions, because there are times when an injury isn’t as easily diagnosed as seeing a broken bone on an x-ray.

When it comes to dealing with an insurance company, it is best to get the diagnosis sooner rather than later, because insurance companies look to the timing of your medical treatment and how soon after the crash you sought care. If there is a month or so delay between the crash and your treatment, the insurance company may investigate to see why you didn’t seek treatment sooner. The longer between medical care and the day of the crash, the more the insurance company will discount the doctor’s opinion that the crash caused the injury. It also makes medical sense to see your doctor to discuss the crash and what happened to you.

Regardless of whether you go to your primary physician, No-Fault medical care does not require that you have a referral to see a specialist, and often you get appointments sooner if you let the medical provider know you have a No-Fault case. I’ve been told by providers that a person injured in a car crash has a traumatic injury that may be more responsive to quick intervention than patients with long-term, or chronic, injuries.

So, the answer is “the sooner the better” when it comes to getting medical care in No-Fault cases, and especially when it comes to submitting your No-Fault claim.

Tags: no-fault application, no-fault claim, 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.

Tags: hoganwillig, java crash, ozzimo accident, personal injury, wrongful death

As many Western New Yorker’s are aware, there has been a rash of vehicles crashing into buildings in 2011 so far, including the most recent today, September 30^th, into the front of Dessert Deli in a busy plaza at Maple and North Forest in Williamsville.

If these unfortunate incidents are truly accidents, the drivers will be charged accordingly. Those charges could include anything from inadequate brakes (a misdemeanor), failure to use due care (infraction or misdemeanor, depending on circumstances), speed not reasonable and prudent (3 points), to maybe even a charge of parking in a prohibited place! (max $150 fine). Depending on their driving records, they may be able to negotiate a reasonable deal with prosecutors. If alcohol or drugs are involved, the driver can be expected to be charged criminally. The drivers need to stay on site, though, because leaving the scene of an accident involving a personal injury is a separate crime. Civilly, the driver is also on the hook for damage to person or property, as well as the owner of the vehicle.

Our advice to drivers and building owners is the same:  review your insurance coverage and make sure you are properly protected. Paying attention while driving no matter where you are goes without saying. There are serious consequences as indicated by these unfortunate accidents resulting in property damage, serious injuries and in some cases even death to the driver and innocent pedestrians.

Tags: car insurance, Dessert Deli, driving misdemeanor, vehicle accident

Today, September 27, 2011, The Buffalo News published an article regarding a Buffalo man “charged with running a red light and aggravated unlicensed operation of a motor vehicle following a T-bone crash.”   There are critical deadlines to be aware of in the case of all motor vehicle accidents. You have only 30 days from the date of the accident to file a No-Fault Application (NF-2) Form with your insurance company – even if the accident was the other driver’s fault.

No-fault insurance covers many expenses, including things like household help, medical expenses and mileage to and from medical appointments.

In a situation where the other driver is at fault and issued citations related to the accident, it is helpful for the prosecutor to know if there were injuries associated with the person’s actions. This can be done by letter or a telephone call.

HoganWillig is a full-service law firm with offices in Amherst, Buffalo, Lancaster, and Lockport. As the largest suburban full-service law firm in Western New York, HoganWillig has a skilled team of 100+ professionals, including approximately 50 attorneys.

Tags: auto accident, motor vehicle accient, MVA, nf-2 form, no-fault application, no-fault insurance, personal injury

Earlier this summer a Buffalo-area physician was charged with drunken driving in the hit-and-run death of a young woman who was struck while skateboarding home in a suburban neighborhood from her job.

On a late Friday night 18-year-old Alexandria Rice was skateboarding on the road when a BMW allegedly driven by an area doctor struck her. Shortly after, Rice was pronounced dead at Millard Fillmore Suburban Hospital.

According to the U.S. Department of Transportation, in 2009, 4,091 pedestrians were killed in traffic crashes in the United States, and another 59,000 pedestrians were injured. More than half of these fatalities occurred at nighttime. Alcohol-impairment—either for the driver or for the pedestrian—was reported in 48 percent of the traffic crashes that resulted in pedestrian deaths. (more…)

Tags: auto insurance, hit and run, insurance, pedestrian accidents, personal injury protection, PIP limit

This month, Corey J. Hogan and the personal injury team at HoganWillig obtained a significant settlement on behalf of our clients who lost four family members in a 2003 aviation accident in Florida. While this settlement cannot replace the lives of their loved ones, we hope that they can now begin to find peace and enjoy greater financial security. As stated by our client, “It has been a long road, but we can finally see the light at the end of the tunnel. It is important that we never gave up that we would be able to obtain justice. Without the team at HoganWillig, these results would not have been possible.”

Our clients also found comfort through a grief counseling program called ACCESS (AirCraft Casualty Emotional Support Services). Given the recent aviation accident in Clarence, NY, it is important to know that many support services, such as ACCESS, are available.

Tags: aviation accident attorney, aviation accident settlement, personal injury law firm