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.
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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.
When the time comes to settle a personal injury suit, litigants should be aware that Medicare may have a potential lien against the settlement proceeds in instances where Medicare has made past, conditional payments for medical expenses. This is due a federal law which deems Medicare to be a so-called “secondary payor” with regard to payments