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?

Your best option is to protect yourself ahead of time, and avoid problematic situations like the one posed above, with “SUM” coverage. SUM, which stands for supplementary uninsured/underinsured motorist coverage, is insurance that you can purchase from your own automobile insurance company, which typically costs just a few extra dollars a month. (more…)

Tags: automobile accident, sum coverage, supplementary under insured motorist coverage, supplementary uninsured motorist coverage

Legislation can be vague and outdated, leaving many legal decisions up to the court to decide.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. (more…)

Tags: adler v. bayer, no fault statute, perl v. meher, travis v. batchi

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.

Notwithstanding the terms of the secondary payer statute, Medicare may make conditional payments, which payments must be reimbursed to Medicare if it is demonstrated that such primary plan has or had a responsibility to make payment with respect to such item or service. (more…)

Tags: fixed percentage option, medicare, medicare secondary payer statute, msprc

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