Long Island Personal Injury Lawyer Blog

Long Island Lawyer Urges Parents of Bullied Children – Fight Back!

2010-10-26T19:54:00.000-07:00

Long Island Lawyer Urges Parents of Bullied Children – Fight Back!

Long Island Attorney Appointed to Trial Lawyer Academy's Board of Directors

2010-07-11T15:43:00.000-07:00

Long Island Attorney Appointed to Trial Lawyer Academy's Board of Directors

BP Oil Spill: An Ugly Case of Negligence

2010-06-01T10:41:00.000-07:00

As the days go by, oil continues to spew from BP's off shore drilling site. Since the tragic oil spill began on April 20th, an estimated 19,000 barrels of oil have polluted the waters of the Gulf region each and every day. The oil spill has already had a great environmental impact, and will likely result in up to 100 billion dollars in damages. So who's covering the costs for such immense damages, BP...right? Well, not exactly. Although it's logical to think that if you make a mess, you are then responsible for cleaning it up, such logic and common sense has failed to be applied in this tragedy. Instead, the issue of liability has become highly political and entirely unfair.

Following the Exonn Valdez oil spill, Congress passed the Oil Pollution Act of 1990. A major element of the bill states that an oil company can only be liable for up to 75 million dollars in damages. In other words, the law puts a cap on the damages that major oil companies are responsible for. It doesn't sound too fair, does it? The Oil Pollution Act has been actively utilized in the BP catastrophe. As BP has been trying to protect itself under the law, Democrats have been fighting to drastically increase a monetary cap on liability or to eliminate such a cap altogether. However, such efforts have been met with Republican resistance as those on the right have seemingly shown more interest in protecting their buddies over at the major oil companies than the American tax payer. Why should tax payers be on the hook for BP's mistakes and outright negligence? After all, we are not the ones liable, BP is!

In this case, BP should be held accountable for their liability and negligence. We would expect to hold them to the same standard as we would for anybody who is negligent or reckless. Shall I go out on a limb to say that they should be held to a higher standard? Then again, if I do, I might get my head handed to me by those pesty republicans. Anyway, when I pursue a claim for negligence on behalf of an injured party, there is no "cap" on damages. Victims of negligence are entitled the monetary worth of the damages they have sustained...however high the figure may be. If you feel that you have obtained damages as the result of negligence, feel free to contact us

Don't Get Bitten By The Big Apple!

2010-03-01T12:19:00.000-08:00

Recently we wrote an article on the 4 points that an injured tourist or visitor to New York City or Long Island must know if they get into an accident here in the Big Apple. Since my office has been marketing online I am shocked at how many contacts we get from injured victims who live in out of state and out of the country. Last week I got an inquiry from a gentleman in england who got hurt here when he was visiting a popular tourist site. I also got a call from a Netherland resident who was in New York with her husband on a job assignment when she was injured from a trip and fall. The point is that the internet has made finding somebody like me a whole lot easier. That's good for me and for the injured party. In most cases I have told these people that if you interested in pursuing a claim then you need to know some basic rules about bringing lawsuits in New York. Unfortunately, I have had a number of people contact me too late for me to help the. Indeed one of the four points that we went over in our article is that there are strict time limitations In New York which the typical traveler or visitor may not know about(especially if its a claim against a municipality).Read about all 4 points if you don't want to get into a position where a New York accident lawyer turns to you and says "sorry we can't help you". If you need further information contact us either online or at 212-349-2181.

City is "Looted"...Give Me a Break!

2009-12-30T11:00:00.000-08:00

I read with great anticipation the New York Post article titled "Looted for $563M" "Taxpayers coughing up big in lawsuits" . It looked enticing with that catchy title and the picture of hand full of cash. Lets be clear: The point of the story was to tell taxpayers that their dollars are being spent on personal injury claims where the victims get their "payday" off the backs of hard working New York citizens. So before the year ends let me list for everybody the wonderful benefits the City Of New York (and hundreds of other New York municipalities and subdivisions)is given simply because..they are The City of New York. Keep in mind if you are a pro-business advocate this should concern you as no other defendant in a personal injury case is given these benefits:

When bringing a claim against the City you must file a detailed Notice of Claim before you file your lawsuit.
Before you file your lawsuit the claimant must be questioned in detail about the accident.This separate than a deposition which the City gets to do in the lawsuit.
You must bring your legal claim against the City within 1 year and 90 days not the 3 year negligence statute of limitations normally allotted for other defendants.
When assigned to a judge the City gets a special preference of only appearing before certain judges. That means unlike other parties they get to appear before the same judges all the time. I will let the reader figure out the implications of that cozy scenario.
The City is generally given more ( a great deal more) flexibility as to what and how long they are given to produce certain documents. We have been involved in cases where simple items take 2 years and multiple court orders before they comply.Mmmm..any relation to the prior benefit?
When a case is settled the City has 90 days to pay a claim whereas other parties must pay within 21 days.

What's the point here? Don't look for any sympathy from this guy. If the City wants to pay less (and in many years they have) they should more careful about what they do(less negligence=less lawsuits).Oh one last thing..The Post talks about the $18 million given to ferry crash victim James Mcmillan. I guess Mr. McMillian thought he hit lotto when he lost the use of his legs(which were crushed)...Give me a Break!

Long Island Hospital Needs Upgrade- No, Really?

2009-12-09T07:28:00.000-08:00

Its only been thirty five years since the Emergency Room at Nassau University Medical Center has been upgraded. Beds are shoved together, inmates are often right next to nursing home patients and visitors are forced to enter a "corn maze" of halls and corridors before finding their loved ones. You think its time for an upgrade in the emergency room? The only level one hospital in Nassau County designated to take care of the President of The United States is Nassau University Medical Center. You think its time for an upgrade in the emergency room? One of the most dangerous roads in Long Island is in front of Nassau University Medical Center. You think its time for an upgrade in the emergency room? Hofstra University, The Nassau Coliseum and some of the biggest office buildings are all within a mile away. You think its time for an upgrade in the emergency room? Nassau County residents continue to pay some of the highest property taxes on Long Island. You think its time for an upgrade in the emergency room? After the 25 million dollar renovation the emergency room will have state of the art patient rooms, diagnostic equipment,and a new entrance on Hempstead Turnpike for easier access for patients. So here is my question. What took so long? I don't have a really good answer but it does seem like major projects (lighthouse)which in my opinion, would do the county and all of Long Island good, seem to get "stuck" between the original thought and the shovel hitting the dirt. Well, Nassau County, congratulations on the new emergency room-it only took 35 years.

SO, HOW DO YOU FIND OUT WHO IS GOOD IN YOUR AREA

2009-11-25T07:53:00.000-08:00

Here Are Some Tips:

1) Read our blogs!: It will teach you how to “interview” your lawyer. (See the back of the book for a list of references).

2) Get a referral from an attorney that you know. He or she will probably know someone who does specialize in your area of need. If you need an attorney in an area of practice that we don’t do, call us. We’ll help you find the right lawyer for your case.

3) The Yellow Pages can actually be a good source of names. Understand three things, however: First, not everyone advertises in the Yellow Pages. Most of our cases come from referrals from other attorneys or from satisfied clients. Second, be careful about the ads that tout too many different specialties. No one can do everything well. Third, be careful about the full-page ads. This advertising may attract a lot of frivolous cases that can overwhelm an attorney. Make sure that the attorney you hire is selective enough with his or her cases that your important case does not become just one more file in the pile. We know several law firms that went out of business buried under the “weight” of full-page Yellow Pages ads.

4) Be careful about any attorney who rushes you to sign a fee agreement. If you are concerned with what you are signing, ask questions. You can take the agreement home to read it and think about it. We have heard of instances where fee agreements are delivered by courier within hours of the time you first call the attorney’s office. That’s right, before you even had a chance to meet with the attorney. This is outrageous. It is our custom to meet with you personally before you sign an agreement. Generally, you should not be signing agreements with paralegal, secretaries and investigators! You should be told which attorney in the firm is responsible for your case.

5) One client was told by an attorney’s investigator that she was only signing an authorization to look at medical records. We later found out that she had been tricked into signing the attorney’s retainer.

6) Run from any attorney who calls you first.

7) Beware of “runners.” A runner hangs out at the police station or listens to police radio to “run” to accident scenes or hospital rooms to encourage victims to sign contracts with attorneys. These “runners” are usually associated with the sleaziest doctors around. Many times, the doctors recommended by “runners” lose their license or have their offices closed down by the authorities. Outrageous does not begin to describe this practice! If a runner comes up to you, run away.

8) Beware of any attorney who contacts you in writing just after you have had an accident for the sole purpose of soliciting your claim. If you are contacted “cold,” it should be for the sole purpose of providing you free information that you can study in your own home, on your own time; not soliciting your case. Believe it or not, we have heard of lawyers being “tipped off” by hospital personnel when an accident victim leaves the hospital. Not only is this completely unprofessional, it is illegal.

9) Here are factors and good points to look for and question your attorney about. Not every attorney will meet all of these criteria, but the significant absence of the following should be a big question mark.
-Experience—obviously, the longer you have been practicing a particular area of the law, the more you will know. Experience can be a big factor in many cases.
-Ask the attorney if he or anybody on his legal team has experience handling matters similar to yours. Has he or she achieved any significant settlements? Don’t accept the “All my cases are confidential” line! Past results are not a guarantee of the future, but past results do demonstrate some level of experience and success.
-Membership on trial lawyer associations. In our area, you can certainly find a lawyer who is a member of NY Academy of Trial Lawyers or the New York State Trial Lawyer Association. These organizations provide extensive education and networking for trial lawyers.
-Internet—Does the lawyer have a website? Is it educational or is it a selling tool?

10) Ask your attorney is he or she is licensed in the state where your case will be filed. We believe that an attorney who is not licensed in the state where the case will be filed is at a disadvantage when it comes to negotiating with the insurance company. The insurance companies know who is not licensed and thus cannot litigate the case. Additionally, statutes of limitations (the time to sue rules) and other laws vary greatly from state to state. New York has a three year time to sue for negligence. Where the case is being litigated and the type of case will cause the statute of limitations to be different. Beware!

11) Once you have decided on an attorney, make sure you both understand your goals and you understand how the relationship between your attorney and you will work.

12) How will your attorney keep you informed about the progress of the case? Your attorney should also take time to explain the “pace” of the case and in what time frames the client can expect activity to take place.

13) You should know who will be working on your case. Legal decisions should always be made between you and your attorney. Some work is always done by staff in your attorney’s office (sending medical bills, scheduling appointments or drafting non-complex letters and documents). Feel free to ask your attorney how your case will be negotiated, if arbitration or mediation will be an option and how it will be handled at trial if a settlement is not reached.

FINDING A QUALIFIED PERSONAL INJURY ATTORNEY?

2009-11-24T08:16:00.000-08:00

Choosing an attorney to represent you is an important but daunting task. The decision certainly should not be made on the basis of advertising alone. The Yellow Pages are filled with ads—all of which say basically the same thing. You should not hire based solely on advertising—anyone can buy a slick commercial, and many have.

How do you find out who in your local community is the best for your case? There are certain questions to ask that will lead you to the best person for your case—no matter what type of claim you have. Yes, it will involve some time on your part, but that’s OK because the decision you are making may be critical to the success of your case.

In our opinion, the world of personal injury claims is much too specialized for someone who does not handle these cases regularly. Too many times we have looked at cases that have been handled by general practitioners, tax lawyers, criminal lawyer and family friend lawyers. That’s just no good. It’s no different than going to a doctor. If you have a broken arm, you would be foolish to seek the advice of a heart specialist or a dentist. Likewise, a personal injury matter should be handled by an attorney who has the experience and knowledge of the personal injury “process.” They are out there. (Clue: does the Yellow Pages ad list 27 different “specialties?” Question to ask: how can that be?)

You should be aware that the insurance companies who defend personal injury and accident cases know who the experienced attorneys are in your area. The insurance companies use that information to help evaluate their risk. One of the first questions some insurance adjusters will ask when a serious claim comes in is: who is representing the plaintiff? We’ve heard insurance defense lawyers laugh as they get assigned a case against one of these non personal injury attorneys! It’s like shooting fish in a barrel for them.

If this information is important to the insurance company, shouldn’t it be important to you?

Stay tuned for our next blog which will give you 13 ways to find a good lawyer in your area.

TRICKY INSURANCE COMPANIES, MEANINGLESS LAWYER ADVERTISING AND FRIVILOUS LAWSUITS

2009-09-27T17:52:00.000-07:00

Having been in the business for over twenty years, we are sick and tired of insurance companies taking advantage of injured victims before they have a chance to talk to a lawyer. For years, many insurance companies would tell accident victims not to talk to an attorney. In fact, they used fear to dissuade people from getting good advice.

Guess what? You may not need an attorney to represent you in your case. No one, however, should settle a case without understanding the “legal system.” Remember insurance companies are in business to make money for their owners and/or shareholders. They don’t care about you.

That adjuster just wants to close the file and get you to release all claims.

Here are some of the sleazy tactics insurance companies use just to wear you out and get you to go away.
1. Deliberate Delay—They know that often you are in a financial squeeze. Even if you have good health insurance, the fact that you aren’t working may make it difficult to pay co-pays, deductibles, transportation, etc. The insurance company knows you are getting dunned by the doctors, so they take their time with your claim. We have had elderly clients die waiting for their claims to be resolved (don’t think for one moment that some insurance companies don’t actually plan this). In a recent case, we dealt with an insurance company that delayed an delayed until our client died of colon cancer.
2. Requesting Unnecessary Information—Insurance companies will insist that you track down every little piece of information before “We can evaluate the claim.” Even if the information they are now asking for would not add a penny to their offer, they are happy to wait another six weeks for you to track it down. Meanwhile, they are earning interest on the money they are NOT paying you.
3. Disputing Medical Treatment—Even though I’ve never met an adjuster who went to medical school, they seem to know just what treatment is right for you! Usually, they “know” that you were over treated because “our computers say you should have been better by now.” Insurance companies frequently hire the same doctors over and over again to write negative reports about injured clients. Often the conclusions of these doctors are so preposterous, it makes our blood boil.
4. Nickel and Dime the Medical Charges—Think about it. IF they shave just 5% off your claim and can do that to the millions of claims made each year, they get richer.
5. Misrepresenting Insurance Benefits—This is a big one. They tell you there’s only $100,000 coverage. We file suit and “magically” find an umbrella policy! Many times in car accidents, the defendant has a homeowners or umbrella insurance policy that covers above their auto insurance.
6. Acting Like Your Friend and Making False Promises—Many insurance companies are lazy intentionally, and don’t actively seek to resolve claims until their insured is sued or the case is awaiting trial. Watch out for the adjuster who befriends you, shows up at your house and promises to pay your future medical bills. We know of one company that shows how they do this in television ads. This is a tactic to stop you from hiring a lawyer. They won’t come around your house once you have a lawyer. Those future medical bills? Well, they’ll pay them until their computer says “too much, too much, this claim is costing us too much.”
We wrote this report so you can become empowered. Knowledge arms and protects you from predatory insurance companies.
We were also sick and tired of outrageous lawyer advertising where lawyers with a reputation for handling hundreds of cases at a time make promises that can’t be kept or equate your injury to “cash, cash, cash.” Did you ever notice that almost all of the attorney ads in the yellow pages claim personal injury expertise? Many lawyers, who NEVER go to court, settle each case for pennies on the dollar. There are also attorneys who don’t have the knowledge of when to settle a claim and will recklessly take your case to trial. Experienced lawyers know when to settle a claim and when to go to trial. The insurance companies know who they are and so should you.

Finally, we are also tired of lawyers who file frivolous lawsuits because these claims hurt everyone by delaying real claims from getting to court. If you are looking for a lottery win, look elsewhere. If you are looking never to work again because someone tapped you from behind at a red light, look elsewhere. Our firm handles legitimate claims for legitimate claimants. No “quick cash for your pain” here. Sorry.

Major Decision for Undocumented Workers

2009-02-14T09:09:00.000-08:00

It happens everyday. We get a phone call from somebody who knows an undocumented worker who was badly injured in a workplace accident. Most of the time its because of an unsafe workplace. In the last year we have seen two cases where undocumented workers here on Long Island not only were were very badly injured from unsafe work places but in an attempt to avoid the authorities the employer did not call an ambulance. They actually drove the employee around in the backseat of a car until the employer could figure out how to get out of his perceived predicament. THIS HAPPENED TWICE! BOTH EMPLOYEES WERE PERMANENTLY PARALYZED FROM THEIR INJURIES! These victims and others were day workers and were clearly working in an environment that was against state and federal safety workplace laws. Recently, the Appellate Division has reviewed a case where a worker who was not only undocumented but used fraudulent identification papers to obtain his job but got hurt. The employer contested his workers' compensation benefits saying that the employee gave up that benefit when he used fake identification. The Court handed down an interesting decision.Click here to find out the summary and to get a copy of the actual court document.

Bikers Beware!

2009-02-07T14:14:00.000-08:00

Recently there has been a number of articles wriiten about motorcycle accidents. Yes they are on the rise. Each motorcycle case that comes into our office has a very unique set of circumstances.They are not like car accidents. For one thing the driver of a motorcycle is not entitled to no-fault benefits as is a driver of a car. This leads to a different set of problems. Additionaly, Motorcycle drivers are generally looked at by the public as being reckless. Fair or not that is the perception. I will tell you that based on my experience with bikers is that they are pretty safe and certainly no more reckless than motor vehicle drivers. If you want to read why there is an increase in motorcycle accidents click here.

The Smart Lawyer Knows When to Say "Uncle"

2009-02-01T21:20:00.000-08:00

It's not always about going to trial. We tell clients from the their first visit to our office that if the the case needs to go to trial, no problem. Some cases must go to trial and our law firm is prepared to do that. However and this is big, its not always about the big day in Court. A smart lawyer knows that ever case has a number and it would be foolish and frankly unethical to advise a client to go to trial if the facts would otherwise point to a defense verdict. Fortunately its been only a few but occasionally a client will go against our advice and wind up with very bad results. So, the next time a lawyer wants to tell you about all the cases he/she goes to trial with ask him/her to explain the firm's policy of when to settle. Read more about a New York Times article talking about the financial benefit of settlement.

Hiring An Accident Lawyer is Commitment to a Partnership

2009-01-25T09:01:00.000-08:00

When a client comes into our offices we spend a great deal of time at the initial consultation. Why? Of course its important to take down all the details of the accident. Many lawyers just take down a client's name and address and get them to sign some forms. Clearly that is wrong. However I'm talking about something different. In our consultations we take up an inordinate amount of time explaining and evaluating the client's role in our new relationship. This new relationship is no different than any other intimate relationship. It requires ,on behalf of the client, to do the following.

Always, Always tell the truth. No " I forgot", "I didn't think it was important", "I thought it would hurt the case"will work. Our experience is that clients do not tell us something important(like a prior accident)simply because they believe,incorrectly, that nobody will ever find out. Anybody has the potential to find out about others. Just look through the internet. Simply put if its a prior accident, a criminal conviction, a job with unreported income or anything else that may in any way be relevant tell your lawyer.
If your lawyer asks you to do something or makes recommendations you should seriously consider following through on these immediately. As an example a client came in 3 months after her accident still in tremendous pain but stopped going to the physical therapist. I told her that as long as she is in pain she must continue with therapy. The insurance carrier would not look at her case the same way if she stopped treating even if she is still in pain. That was my recommendation/instruction based on twenty years of practice. I saw her 6 months later. Guess what? You got it. She never went back to therapy and her case settled for much less than it should have because of a big gap in treatment. Just like a marriage its always important to take into consideration your partners opinion and recommendations.
When life changes let us know. If you changed your telephone number you would not let your children and good friend know. Why would you not tell your lawyer. I had a client that moved from Long Island to New York City and she just forgot to tell me her new telephone number and her address. Make sense? When I needed her I had to hire a private investigator to find her. A complete waste of time, energy and money. If anything changes like your address, telephone, job, doctors that you are treating with let your lawyer know. It is your obligation.
If your not happy with your lawyer speak up! There can be numerous problems that may interfere with a good attorney client relationship,such as, failing to return calls, case not moving in a timely fashion, lawyer not explaining your case well enough and host of other possibilities. Don't let it go too far. Get a meeting with your lawyer and ...talk.

What's the big deal about calling someone back?

2008-12-02T12:54:00.000-08:00

A common complaint with many clients is that their lawyer does not return phone calls. Regardless of the firm size this is all to common. There are two types of lawyers that do not return your phone calls, the busy lawyer and the lawyer that just neglects his or her clients. On any given day a lawyer’s schedule can be quite busy. A typical day for a Personal Injury Lawyer may involve conducting a deposition, preparing for a trial, writing a motion , signing up a new matter or a combination of these. Most busy negligence lawyers find themselves in many places in the course of a day. Its a simple fact that should not be taken for granted as many Personal Injury Lawyers litigate cases (many do not) and this creates a tremendous amount of paper work and court appearances.

Sometimes a lawyer is just too busy to return your phone call immediately. If they are on trial or preparing for one it could be a few days before your lawyer returns your phone call. If it is a true emergency then a phone call should be returned immediately. If a lawyer is not on trial or preparing for one then you may expect a return call within a reasonable amount of time. The policy in my office is simple: Take the phone call now and if you cant return it within 24 hours.

Other lawyers just neglect their clients without any real reason. They either do not return their clients phone calls in a reasonable time or they do not return their calls at all. Besides trying to win your case a lawyer’s job does includes keeping the client updated and informed about the status of the case.
It is essential that at the start of any relationship the ground rules are discussed.
-How often will your lawyer communicate with you?
_Does the lawyer have a policy with respect to client communication,such as, he will only take calls in the morning or in the afternoon.
_Have you given your lawyer more than one way of contacting you? Make sure he has a friend or relatives number. There will be no excuses at that point.
-What is the best method of communicating? (Phone, email or visit)
-If your lawyer is not available when can you reasonably expect a return phone call?
-If your lawyer is not available what other staff members can help you?
It is important at the outset that you tell your lawyer what your expectation are. I have had clients tell me that they want to be informed about everything and some clients who don't want to hear from me unless its really important.
The relationship you have with your lawyer is no different and is based on open, honest and direct communication. These sound like easy concepts but many lawyers violate what appears to be a constant number one complaint. Take a look at this article from a few years ago.It amazes me that almost 100% of the clients who see me that tell me they want to switch their lawyers because nobody talks to the.

If you want to hire an accident lawyer visit my website and order my FREE report. There is tons of FREE information about lawyers and how to find the right one for you.

Remember: FAILURE to communicate will damage any relationship.

Secrets To A Successful RailRoad Employee Accident Case

2008-09-21T10:58:00.000-07:00

Over the last 18 years my firm has successfully resolved dozens of railroad employee accident cases. These cases involve employees of the railroad who have been hurt on the job.They are generally referred to as FELA cases. Unlike most workers in the United States who are prohibited (usually by state law)from bringing lawsuits against their employers railroad workers for the most part can sue their employer for injuries sustained while at work. In New York these cases are generally against Amtrak, Metro-North and The Long Island RailRoad. While these claims are governed by Federal Statutes there are many similarities to the run of the mill personal injury cases. In an effort for all rail employees to understand the these cases and their rights we provide our railroad friends the keys to a successful claim.

1.Your Employer Knows You Better Than Anyone- This would not ordinarily be an issue for most injured parties who are hurt on the job since most people cant sue their employer. However since railroad employees can sue their employers then the railroad becomes the defendant and yes the adversary is the enemy. What does this mean? It means that your employer(and now the defendant)has all your personal information, knows when you screwed up in the past, has all your job evaluations, can easily speak to your co-workers and in general has better access to your life then most defendants. In fact they probably will know more than your lawyer ,at least, at the start of your case. As a result tell your lawyer everything anything about your job and anything that could possibly be relevant. We spend 2-3 hours with our railroad clients at the initial interview to make sure we know as much as the railroad could possibly know. Do not talk to your co-employees after the accident about the accident. From the moment you are injured you have to remember the railroad is your adversary

2You Know Your Employer Better Than Anyone-Thats right! Turn the tables on them. Who knows the inner workings of the railroad better than you? You know the names of management,gang supervisors,and others that can be extremely helpful in the legal battle. You know the policies, rules and regulations which the railroad fails to enforce. You may know the reasons why the railroad may have needed to take a shortcut or may have rushed to finish a job. You may know if other employees have been similarly injured. Let your lawyer know about all these things even if you do not believe its important.Our clients have told us information that has saved their cases and which we may not have otherwise obtained.

2.Talk To Your Local Union Representative Immediately- There is a reason that you pay union dues. My office works with several unions connected to the railroad like the local IBEW and it is imperative that you work closely with your rep. He will help you with your medical, time out and most importantly the grief you will undoubtedly get from management. Yes, the railroad knows that you are going to bring a legal claim and in all probability instead of being helpful to you they will try and make things difficult. Your lawyer cant always help you from the daily B.S. you will get from the railroad but your union rep. can be your daily protector. Work closely with him and things will be easier. Your lawyer will also need to work with him and its alot easier if you have a close relationship with him. One last thing: You are almost certain to be charged with a violation and your rep. is the only thing that stands between you and some penalty.

3.Take Pictues- Unfortunately you have been injured and you are the best person to take pictures of the scene. Now let make something clear. I do not want you looking for a camera while your skin is on fire from some electrical explosion. However, once you leave the scene of the accident the only way for your lawyer to get pictures of the accident scene is for your co-workers to take some pictures(and they can be unreliable)or to get an Order from the Court. My office has done this numerous times but it does take time(1-2 days to 1-2 weeks)and this is important time in which the scene can change and repairs done. The point here is to always keep a camera around and if an accident should occur you(if you are able) or your co-workers can take immediate pictures. However, all that said and done if you cant get pictures your lawyer will get them.

4.Do Not Sign Anything Without Your Representative- Your going to have to work with the railroad investigators when they try to figure out what happened. Its your obligation to assist in that investigation but never give a statement or sign anything without talking to your local rep. or your lawyer. They generally cant tell you not cooperate but they can be there when you give your statement which is likely to be used against you in both your legal claim and you internal railroad proeedings.

5.They Are Watching You- So one of my dear railroad clients who was badly injured in an accident and hurt his back. He claimed that his life was ruined and before his deposition when we were preparing I asked him if he does and of his former activities like running. He said that he cant run. He was very upset about that. He testified at his deposition that he could not run. He testified he could not even try. Guess what? You got it. After the deposition we get in the mail a CD fro the railroad's attorney a movie. Yes it was my client running on a track(slow jog) after the accident and before his deposition. In my opinion that cost the client alot of money. The two lessons: NEVER LIE and ALWAYS REMEMBER THEY ARE WATCHING YOU.

6.Keep Your Medical Treatment Active- Most railroad employees are tough and have put their bodies through hell.Sometimes the injuries from an accident although serious to most of us is considered minor to the railroad employee. Remember why you are the seeking the advice of a lawyer. Compensation. Nothing to be ashamed of. However your lawyer cant do the best job possible if you not keeping your medical appointments or if you are trying to be Mr. tough guy/gal by not complaining about your pain. If your medical problems are not getting better then it is your obligation to make sure that you are getting the best advice possible. If you need to change doctors then you need to do that. If surgery is recommended then you should strongly consider it. Your lawyer cant "re-open" your case after its settled because you decided to have your surgery 5 years later. Also, you can be certain that the "railroad doctors" are going to find you ok. Your lawyer cant fight these doctors if you decided that you were only going to therapy once a month instead of 3x a week as prescribed by your doctor. Follow your doctors orders and if you are not happy or if you want a different doctor for some reason then tell your lawyer and maybe he or she can help you find a better one.

6 Signs That Your Personal Injury Lawyer Is Hurting Your Case

2008-07-04T10:16:00.000-07:00

Our last blog discussed the 12 questions to ask your prospective new personal injury lawyer.This week I would like to discuss your relationship with your current personal injury lawyer.This relationship is essential to the success of your legal case and without the proper foundation and framework of your relationship your case will be doomed. Why? The same reason that a bad marriage or a bad relationship between business partners makes bad decisions. So here we go with with 12 signs that your lawyer is hurting your personal injury case.

Keep in mind that as the client you are the boss and you always have the right to discharge your lawyer for any reason,good or bad. Ok here we go:

1. No Phone Calls Returned- It seems like a no brainer but I cant tell you how many times I have met with clients who tell me that they have not spoken to their lawyer in years. I know that sounds crazy but it happens all the time. If this happens to you somethings wrong-loose the lawyer and hire somebody with some professional responsibility.

2. Your Case Is Taking Way Too Long- Now this is a hard one since many cases in New York seem to take forever. As the saying goes "The wheels of justice grind very slowly" and they grind even slower here in the Big Apple. But and its a big but you should always know where you case stands in the legal process. Sure the process can take time but your case should be timely moving from one stage to another. Of course, this requires an understanding of your case (some types of cases take longer than others), the county that your case is pending(Nassau and Suffolk maybe quicker than Brooklyn and The Bronx),who the parties are(defendants who are municipalities take much slower)and if the case is on Appeal. Bottom Line: Communication, Communication and more Communication. If your case has been on a "calendar" for years or your case is not "in court" and its been 5 years time to talk to another lawyer.

3.No Experts- Almost all cases require a medical expert and some require a liability expert. Medical experts are necessary to substantiate your injuries and a liability expert may be needed to show that the defendant was responsible for the accident. Most importantly if you do not hire an expert if your case goes to trial you going to have a very tough case. In fact your case can be dismissed. Ask your lawyer who the experts are and if you are getting the run around then a light bulb should be going off. Experts are very expensive particularly here in Long Island and the cost can be anywhere from $5,000.00 to $10,000.00 and even higher. Maybe your lawyer does not have the money. Maybe your lawyer does not want to spend the money. Either way you need to know this.

4.Who is working on your case?- Look I understand that a firm can have many lawyers, paralegals and other support staff working on many cases. I used to be part of that type of firm. But is there a person(and it should be a lawyer)who is thoroughly familiar with your case? Is there somebody who knows exactly what the status of your case is and can say it without running around trying to get the information. Another words, is there somebody who knows who you are and what your case is about. Too often and I must say mostly in large firms(although some large firms handle their cases well and some small firms screw this up)there is a tendency to "forget"about the particulars of a case. Don't let this happen to you!

5.Your lawyer is "The Jack of All Trades"- I still am amazed at how some lawyers can handle it all. Yes my firm concentrates in personal injury cases which can be construction, trip and fall, railroad, and car accident related. We will not handle criminal, real estate, immigration,or anything else thats not personal injury related. Look at the Yellow Pages. How many lawyers list everything they can handle?I think its impossible. If your lawyer handles it all be careful that he is paying attention to your case. Personal Injury Law changes all the time. Its hard to keep up with all the changing laws when you are working on 2 real estate closings and have to go to traffic court to defend somebody. On Long Island it is common to find lawyers who do it all.We have had client come in with screwed up cases because the criminal lawyer did not know the who to sue on a construction accident claim. Stay on top of the Lawyer who does it all.

6.Your Case Was Dismissed- Yes it happens and it can without you knowing. I have seen it and its not pretty. Look, good lawyers can loose cases. Good lawyers have cases dismissed. Generally, its because your case did not meet some definition of what it claimed to be. Another words it was not a case. Thats ok. What's not ok is when your case is dismissed because your lawyer did not comply with a Court Order or your lawyer missed a deadline. During the course of your case if you suspect that your case is either not moving at a reasonable pace and your lawyer is avoiding you take a trip to the Courthouse. Most Courts have records online and all have open access in the courthouse. Go lookup your case and see whats going on. Does it match up with what your lawyer is telling you?If not its time time to get some new advice.

12 Bullet Proof Questions To Ask Your Accident Lawyer

2008-06-22T14:09:00.000-07:00

This is the first post on behalf of my firm Goldstein & Bashner and I thought what better way to begin then to simply state what I believe every accident victim should know before hiring a lawyer. I wonder how I would look for a lawyer if I were in an accident. I guess I would ask my family and friends for a referral. As a comparison if I were looking for a specialist in broken bones or brain injuries I would begin with the family and friends. But what if they did not know anybody or if they did should I take their word and look no further. Would I look in the Yellow Pages for a specialist? I don't think so and I don't think anybody should approach a search for an accident lawyer in the same manner. In Long Island which is a suburb of New York the rules which regulate a lawyer's conduct when attempting to solicit an accident victim are very strict. Without getting into detail you should never hire an attorney who either approaches you at an accident scene or who somehow manages to get your telephone number and calls you within hours after your accident. Lawyers have been punished for this behavior and you should not communicate with anybody who calls you without your permission. When searching for the right accident lawyer my number one piece of advice would be to meet them in person. You can tell a lot about a person when you meet them face to face. From how they address you to how they dress themselves. In my firm( http:www.eglaw.com ) we spend a great deal of time at the initial consultation. We believe it is at this point that we learn a lot about the client and the client has an opportunity to learn about us. Most clients never seem to ask the right questions of the lawyer that may be handling their recent automobile, train or other accident which has caused them to be in this unfortunate position.

The following questions should always be asked of your potential accident lawyer and the answers you get are equally important:

Has your firm had experience with my type of case?
What is your initial opinion of my case?(Most lawyers have some feeling about the case although it may change along the way as more facts are known)
What kind of support staff will assist you with my case?(Is this a one man/woman show with no paralegals and only an answering machine)
Does your firm have the financial resources to spend on my case?(Look my firm has spent 20, 30,40 and even 50 thousand on some cases. Is this firm ready to spend?)
Does your firm have trial lawyers that can try the case if it does not settle?(My firm has several experienced trial lawyers and even has a co-counsel relationship with the top trial firm in New York City. Has your potential lawyer tried any cases and if not who are the lawyers the trial lawyers he has a co-counsel relationship with. Ask for names)
What is the firms policy on telephone calls from clients?(Don't be offended if the lawyer says he only takes planned phone calls unless its an emergency.Likewise you want to know if the lawyer will get back to you within 24-48 hours.)
Does the firm concentrate in only one geographical area?(If his office is in New York City has he handled cases in Long Island )
Does the firm understand the time limitations on my case?(Sure most lawyers will say they do but do they really?Cases against the City,County,Port Authority and the railroad have different time limitations)
How will the firm advise me of the status of my case?(Will your potential lawyer notify you in writing or call you?How often will you be advised of the status?)
How often will we meet in person?(I know it sounds crazy but some clients I have met have never seen their lawyer. This is a sin. If you have not seen your lawyer you are asking for trouble)
What if you decide not to handle my case?(At my firm we tell you up front or as soon as possible if we are not going forward with your case and we will tell you why. If your lawyer continues with excuses and has not decided if he is proceeding with your claim get rid of him)
Will you tell me the truth?(Sounds crazy but ask the question and look at your lawyer when he says "of course I will tell you the truth". Look at his face you will know)

In the end it may just be chemistry. Your potential lawyer may have all the right answers but something inside tells you that this is not the right person. Go with how you feel. Also, maybe the lawyer did not have all the perfect answers but you feel "right" about this attorney. You feel comfortable with him. This is key. Most if not all of my clients retain my firm not only because the right answers are there but the chemistry is right.Let me know how you feel and visit my site at http://www.eglaw.com/