FREE Books & Reports By NY Accident Attorney!

LAW OFFICE OF GARY E. ROSENBERG, P.C.

Report #1

Eight Things You Should Know about Pursuing an Injury Claim:

(1) Never, ever lie! Not to your lawyer, your doctor, or the other side about your ability or inability to do physical activity after an accident, be it sports or work activities or whatever. The truth will come out.

(2) Don't accept a check or sign a release from an insurance company unless you know exactly what it covers. Sometimes insurance companies will attempt to get you to release "any and all claims" - including your injury claim - and lead you to believe that you are only settling your claim for property damage.

Check with an attorney if you're not certain.

(3) Don't try to hide past accidents or injuries from your lawyer. It is almost certain that the other insurance company will find out about this, because all accident information is shared by insurance companies in a central database. The
only person who may be surprised is your attorney, and this is never a good thing.

(4) Keep a daily "pain diary" detailing how you feel, doctors and therapy appointments, medications taken and your inability to work. You can't count on
remembering everything later, and a lawsuit can take years.

(5) Don't try to "tough it out." See a doctor immediately after your accident. Be 100% open with your doctor: about how the accident occurred, and
reveal any past accidents or medical conditions that may affect your condition or healing.

(6) In real life there are few "can'ts" after an accident. In other words, most people recover the ability to perform most activities, unless they are bedridden. But generally, if they have limitations, it's because they can't do the activity as long, as hard, as strongly as they used to. And your limitations, presented correctly, may give you a valid injury claim.

(7) Video cameras are teeny-tiny and you could be videotaped at anytime, in any place. I've seen this many times. So know that you'll have a problem if you say that it hurts for you to walk or stand, but then get videotaped playing tennis. I had a client that claimed a serious back injury from a car accident but got videotaped at his vacation home in Florida, spending six hours resurfacing the
asphalt on his driveway. Needless to say, this devastated his case.

8. Remember, never has an insurance company adopted a policy of payingfair, speedy and just compensation to persons injured through the fault of another (the insurance company's policyholder). The money is in the insurance company's pocket, earning interest in the bank, or profits from its investments. (Did you know that insurance companies generally make more money per year on invested
insurance premiums - in real estate and such - than on new premium dollars received? ) For more information about New York car accidents and personal injury request my FREE book: Warning! Things That Can Destroy Your Car Accident Case (And the Insurance Companies Already Know These Things) at www.GreatLegalBooks.com. I will not send the book to non-New Yorkers, but you can get a FREE immediate PDF version to download if you scroll down and put an "x" in each of the address fields. Hit "Enter" and my response page will offer you
a free PDF download.

A philosophical note: I try to be selective in the cases that my firm accepts, because
I want to give personal attention to my clients' cases to the greatest extent possible.
Every year I decline hundreds of cases. I concentrate my efforts on increasing the
value of good cases, not finding and filing frivolous ones. I believe that good lawyers think this way. For more about me, go to my main landing page at www.InjuryAtty.net

Another note: This report is not legal advice. I'm trying to give you information to help you make informed decisions. Investigate and check things out
for yourself. Get legal advice in person; face-to-face.

©Gary E. Rosenberg

Law Offices Of Gary E. Rosenberg, P.C.

Report #2 - What to Do When Disaster Strikes:

So you're in an accident; you're hurt. You're unprepared, you're frightened.
Maybe you were in a car accident: the other car ran a stop sign; ran a red light;
rear-ended your vehicle; made a left turn in front of you. Maybe you tripped on a
broken sidewalk or staircase; slipped on snow and ice; or tripped on an object on
the ground. Maybe you were hurt at work. There are an infinite number of ways
to be hurt at work. Suddenly your world changes.

You have been injured and suffered trauma of one sort or another. You may
go into shock. You feel fear. You experience pain. Your first concern is getting
medical care. Sometimes you go to a doctor, in a serious case you go to the
hospital, maybe in an ambulance. Maybe you talk to the police.

The shock starts to wear off. The fear starts to go away. Your pain begins
to ease. You start to receive some kind of medical treatment, or surgery, or a
program of physical therapy. Then you start to think.

* How do I pay the medical bills?
* Who will fix my car?
* Will I be able to return to work? To do the same job?
* Will I be able to sit or stand for a long time?
* Will I be able to walk or run, to carry, or climb stairs?
* What if I'm disabled? What if I don't get better and can't work?
* How will I support my family?
* What do I do first? Second? Third?

You need help. You have legal rights that need protecting. Particularly if
someone else caused your injury. There are many variations on this theme. You
instinctively know that you cannot trust an insurance company - yours or someone
else's - even if an insurance claims representative shows up at your door with a
checkbook. Put simply, hiring the right attorney to represent you may be the most
important decision of your life. You shouldn't expect to get a fair settlement for
your injuries on your own.

My twenty-three years of practicing law have taught me that no one is ever
prepared for an accident. No one anticipates being unable to work. Having their
car smashed. Suffering pain that doesn't go away. Sometimes the pain eases.
Sometimes it gets worse.

I've had clients come into my office after an accident and they seemed pain-
free, able to twist and bend, and converse with me easily. Then they get worse and
worse and may need surgery. I've also had clients come in after an accident in
great discomfort. Wearing one of those padded collars around their necks; having
trouble sitting down in the chair in my office. Having trouble standing up. I've
accepted cases like that and seen people get all better. The point is that you never
know if you're going to heal. I don't know if you're going to heal. Even the
doctors don't really know if you're going to heal. Usually, only "time will tell."

What should you do?

Unfortunately, in many cases, and particularly in the five boroughs of the
City of New York, you don't have to do a thing. Lawyers' business cards, and
business cards for paralegals/legal assistants, intermediaries, legal or medical
coordinators, self-styled insurance managers and representatives of doctors' offices
and medical facilities will fly into your hands. Your telephone might ring.
Someone may tell you that the hospital assigned you a doctor or lawyer. (This is
never true.) You may find a business card in your door or mailbox. A tow truck
driver or ambulance attendant may hand you a business card.

There are other variations of this scam, and it is a scam. "Runners"
sometimes drive around with police scanners in their car. You may have an
accident, look up, and there they are. Maybe they offer to drive you to a doctor or
lawyer. I have heard of unscrupulous tow truck drivers or body shops that also do
this. There are reports of runners walking hospital hallways and entering rooms, or
striking up conversations in hospital waiting rooms, all the while passing out
business cards. Runners may call themselves a "Legal Referral Service" or
"Medical Referral Service" or something similar. Please, please, please don't be
fooled.

I know a person who broke a leg in an accident and had an ambulance attendant pass her a cell phone in the back of an ambulance, to speak to a lawyer. I
know another person who got a ride to a lawyer's office from a tow truck driver,
after dropping off his damaged car at a garage.

YOU SHOULD KNOW: Hospitals don't give anyone an accident or injury
lawyer and, as a patient, your hospital records and address and telephone number
are supposed to be kept confidential and should never be given out without your
permission. And if a hospital refers you to a doctor at all - rather than tell you to
see your family doctor - it will usually give you a list of doctors, with several
names to choose from. This, of course, is permissible.

Wow! You say. This takes the work out of searching for a lawyer. Especially if you've been admitted into the hospital and spent more than a day there. You're likely to leave with a fistful of business cards.

YOU NEED TO ASK: Is this proper? Is this allowed, or is there something dirty going on? Are these people I want to trust with my case? Are these people I want to trust with my future? With my family's financial well-being if I can't work
again?

THERE ARE MORE THINGS YOU MUST KNOW: The people running around with business cards or calling you or trying to drive you to the doctor or lawyer (called "runners") are not doing so out of the goodness of their hearts. They are getting paid. Money is changing hands. And this is always improper. In the most outrageous cases, lawyers may offer money directly to you, the injured person.

©Gary E. Rosenberg

LAW OFFICES OF GARY E. ROSENBERG, P.C.

10 Questions You Need to Ask a Lawyer You Are Considering Hiring for Your Personal Injury Case:

Or pick several lawyers, interview them, and ask questions. Such as:

1. Who will actually work on my case? You? Someone in your office? Or someone I've never met?

2. How will I be kept informed about the progress of my case?

3. Can I call you? When?

4. Can I meet with you?

5. Are you a full-time practicing attorney?

6. Have you handled other cases like mine? With what results?

7. Are you trial-ready?

8. What happens if you can't settle my case? Does it go to trial?

9. Will you handle the trial?

10. Do you carry legal malpractice insurance? (There is no requirement that attorneys have this insurance, but it's nice to have this protection
and the knowledge that your attorney is accountable.)

©Gary E. Rosenberg

A former client came in to see me the other day. He was just hurt in a car accident where another car made a left turn in front of him, and he wanted me to represent him and also his family and loved ones that were passengers in his car. I had to tell him that while I would be happy to represent him, his passengers would need to hire a different attorney. He was a little unhappy with me, so I had to explain to him about conflicts of interest.
Attorneys are supposed to represent their clients competently and diligently and to the utmost of their abilities. Attorneys are not allowed to accept employment where their loyalties may be divided.

Conflicts of interest can arise in many different situations.

New York Lawyer Disciplinary Rule 5-101(a) states:
A lawyer shall not accept or continue employment if the exercise of professional judgment on behalf of the client will be or reasonably may be affected by the lawyer's own financial, business, property, or personal interests, unless a disinterested lawyer would believe that the representation of the client will not be adversely affected thereby and the client consents to the representation after full disclosure of the implications of the lawyer's interest.

This means, "Don't go into business with your client." Many lawyers have gotten into ethical trouble for entering into business relationships or partnerships with people they represent, and then fighting with them. This rule can also mean that a lawyer shouldn't take piece of a client's business instead of a cash fee, if it might affect his or her professional judgment.

New York Lawyer Disciplinary Rule 5-105(a) states:
A lawyer shall decline proffered employment if the exercise of independent professional judgment in behalf of a client will be or is likely to be adversely affected by the acceptance of the proffered employment, or if it would be likely to involve the lawyer in representing differing interests....

Disciplinary Rule 5-101 prohibits conflicts between the interests of a lawyer and the interests of a client. DR 5-105 prohibits a lawyer from representing more than one client if their interests conflict. This means "Don't be greedy," accept one client only, or accept only those clients who have like legal interests.
For example, one lawyer can't represent both a buyer and a seller in a real estate deal - such as the sale/purchase of a house. This may seem obvious but believe me, it's been tried.

Also, lawyers can't represent opposing parties in a lawsuit. For example, a lawyer can't represent both the party suing (the plaintiff) and the party being sued (the defendant).

The danger in the above examples in not so much that the lawyer might seek two fees, but that one client might benefit through the use of confidential information obtained from the other.
In addition to the possible misuse of confidential information, DR 5-105 seeks to avoid the possibility that a lawyer with two clients with differing or adverse interests might not fight as hard as he or she could for one against the other.
Can one client consent to an attorney representing another client with an adverse interest? The answer is, "sometimes." To circle back to my original problem - the former client who wanted me to represent him and his passengers - it would have been unwise for me to try to represent both driver and passengers. The reason being: if my former client (a driver) was found even just 1% at fault for causing the accident, that would deprive his passengers of a pocket to reach their hands into. Put differently, they might get less money with only one car driver to sue, rather than two.
A court has held: A law firm's representation of both infant passenger and his mother as plaintiffs in personal injury action arising from a collision created a conflict of interest that required the firm's disqualification, although the passenger did not assert a claim against his mother; the passenger's failure to assert a claim against his mother, who was driving at time of collision, did not resolve the issue of her negligence, so as to eliminate potentially differing interests of co-plaintiffs. Shaikh ex rel. Shaikh v. Waiters, 2000, 185 Misc.2d 52.

Finally, and in case you were wondering, while not exactly a "conflict of interest," a lawyer cannot have sexual relations with a client unless a consensual relationship already existed between them before the attorney-client relationship commenced.

New York Regulation Section 1200.29-a states:

(b) A lawyer shall not:

(1) require or demand sexual relations with a client or third party incident to or as a condition of any professional representation;

(2) employ coercion, intimidation, or undue influence in entering into sexual relations with a client; or

(3) in domestic relations matters [such as a divorce], enter into sexual relations with a client during the course of the lawyer's representation of the client.

Believe me, we wouldn't need the rule if these things didn't happen.

Independent medical examination (IME) is a fancy term for being examined by a doctor when you are involved in some kind of claim or lawsuit where your physical or mental condition or an injury is in dispute. You may be required submit to an IME when you are pursuing a:

Personal injury lawsuit (as plaintiff);

New York No-Fault insurance claim (from a motor vehicle accident);

Worker's Compensation claim; or,

Disability insurance benefits claim.

There are several things you should know about the IME. The "other side" - usually an insurance company - selects the doctor. Usually, the doctor has a medical specialty in the area where the hurt person is claiming injury. So a claim for a fractured arm or leg should mean you see an orthopedist; an eye injury, an opthalmologist; broken teeth, a dentist; and so on. You may be asked to undergo more than one IME visit, by doctors with different specialties. After you are examined the IME doctor will write a report that will be sent to the insurance company or law firm that hired him or her. Usually a copy is then sent to your attorney.

IMEs are not really "independent." The doctor examining you is paid by the insurance company and he or she knows that a continued flow of insurance company business depends on making findings and writing reports that minimize your claim - for the greater good and benefit of the company paying the bill. This can lead to outrages like reports indicating extra tests with negative results that were never even performed in the office or the patient complaining about aches and pains or limitations/restrictions and the IME doctor agreeing with that person but then writing a report that omits that information. The IME report may even read like it was someone else with different injuries who was examined.

Remember, an IME doctor is not trying to help the injured accident victim get better or cured. An IME doctor is hired to punch holes in a claimant's or plaintiff's case.

What to expect and how to behave at an IME examination.

Arrive a little early. You may be asked to fill out a medical history form.

Don't be hostile to the IME doctor; be cooperative. The doctor will ask questions about the accident. Keep your answers short and sweet. You should bring a pad and pen and note how long the exam takes and what tests are performed on you. Make this information available to your attorney afterwards.

You may want to bring notes with you to the IME with a list of symptoms - what hurts you and when and your physical or mental limitations, what medical tests you have had with positive results, and what medications you're taking and why.

During the IME, tell the doctor if it hurts. If something doesn't hurt, don't lie. The doctor will usually know and you may damage your case or claim.

You do not have to submit to invasive tests such as x-rays or take any injections.

Watch for tricks. The doctor may drop something to see if you can bend down and pick it up. Also, you will be observed getting on and off the examination table. You may be subject to videotape surveillance by the insurance company - so if you walk into the IME using a cane or crutch, make darn certain that you're using the cane or crutch when you leave.

In case you're curious. IME examinations under No-Fault or disability insurance come from your actual insurance policy which always provides that you have to cooperate with the insurance company in its investigation of your claim.

In a personal injury or accident lawsuit, the injured plaintiff always puts his or her medical condition into issue by seeking damages. The defense is entitled to have an IME to enable it to defend against the plaintiff's claim of injury. This right is set forth in New York's statutory (written) law at Civil Practice Law and Rules Section 3121(a), which states:

Notice of examination. After commencement of an action in which the mental or physical condition or the blood relationship of a party, or of an agent, employee or person in the custody or under the legal control of a party, is in controversy, any party may serve notice on another party to submit to a physical, mental or blood examination by a designated physician, or to produce for such examination his agent, employee or the person in his custody or under his legal control.

This right is also found in New York's Court Rules, 22 NYCRR 202.17(a), which states:

At any time after joinder of issue and service of a bill of particulars, the party to be examined or any other party may serve on all other parties a notice fixing the time and place of examination.

If you have specific questions, be sure to check with your attorney.

To remove the mystery about a deposition: it is a question and answer session which takes place under oath, with a stenographic reporter present to take down all that is said. A deposition may also be tape recorded or videotaped. It is sometimes also called an "examination before trial." Neither a judge or a jury will be present. This is not a trial. The purpose of a deposition is to allow the other side to learn about your case. However, a deposition should be taken seriously, as your deposition testimony will be recorded and may be used against you at trial.
The attorney representing you will meet with you before the deposition and explain to you the types of questions to expect. This preparation period will last as long as necessary to prepare you for the examination, but please be prompt for your appointment. We will also answer your questions at that time and help you feel more comfortable.

During the deposition, you will be questioned by the attorney for the defendant. If there are more than one defendant, you will also be questioned by their attorneys. At that time, your attorney will be there at your side to object to improper questions and protect your interests. Then your attorney will question the defendant and co-defendants, if any. All parties will be questioned about the who, what, when, where, why and how the accident occurred. You will also be questioned about the nature and extent of the injuries you're claiming, and the type and duration of any medical treatment.

During the course of the deposition, your attorney may object to a question asked of you. In that case, you should not answer the question unless and until your attorney tells you that you may do so.

You may also be asked to look at documents, such as accident reports or forms signed by you, or even photographs of the accident scene or property damage. Just remember that you attorney is there to protect you, and if there is something that you do not understand, you should say so. Also, if English is not your first language and you are more comfortable answering questions in another language, you should let your attorney's office know in advance of the deposition, so that arrangements can be made for an interpreter to be present.

Because the other side is trying to get information from you, your job is to answer each question simply and truthfully, but not to be too helpful. Do not volunteer any information or explain anything unless you are asked to explain. Don't guess. Don't be afraid to answer, "I don't know." On the other hand, if you say "I don't know" too often, you may seem untruthful. So if you can give some kind of answer - say a range of time, or distance, or speed, try to answer as best as you can. Just don't take wild guesses.

At deposition is not your time to tell your story; that day is at trial, if your case goes that far without settling. Also know that the other side is looking you over to try to predict what kind of trial witness you would make. Do you appear truthful? Sympathetic? Will a jury love you or hate you?

Your answers will be typed into a booklet and you will later be asked to sign it and have it notarized, indicating that you agree those answers are what you previously said, and that they are true. Y0u will return the booklet to your attorney's office

If that booklet, or as it is called, transcript, does not accurately reflect what you said, changes can be made. Instructions concerning how you make changes and where you are to sign will accompany the transcript. Once signed, however, your testimony is almost "written in stone," and cannot be changed at a later date without causing a situation that may not help your case.

To refresh your memory, you should try to visit the place where the accident occurred before your deposition.

Any unanswered questions will be discussed when your attorney meets with you prior to the deposition. Naturally, you can also call your attorney's office at any time beforehand.

Arbitration and mediation are two types of Alternative Dispute Resolution (ADR), which is a way to resolve conflicts outside of traditional lawsuits and courtrooms. Sometimes attorneys are involved and sometimes not.

ADR may be used in:

Divorce or child custody/visitation disputes;
Personal injury or accident cases;
Consumer complaints (such as car sales);
Business and commercial disagreements;
Complaints against financial and brokerage companies;
Landlord-tenant fights;
Minor criminal matters.

Mediation is conducted by a "mediator," arbitration by an "arbitrator" (or in special cases, more than one arbitrator acting together, called a "panel"). Arbitrators and mediators are neutral and have no interest in the outcome of the proceeding, they are usually retired judges or lawyers being paid by the hour by the parties involved.

To proceed to arbitration or mediation the parties generally use a private ADR company. The ADR session typically is held in a private office, rather than a courthouse. An agreement is signed, committing to follow that company's arbitration or mediation rules.

New York's Civil Practice Law and Rules provides at Section 7501:

Effect of arbitration agreement A written agreement to submit any controversy thereafter arising or any existing controversy to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award. In determining any matter arising under this article, the court shall not consider whether the claim with respect to which arbitration is sought is tenable, or otherwise pass upon the merits of the dispute.

A written agreement to submit any controversy thereafter arising or any existing controversy to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the courts of the state to enforce it and to enter judgment on an award. In determining any matter arising under this article, the court shall not consider whether the claim with respect to which arbitration is sought is tenable, or otherwise pass upon the merits of the dispute.

The difference between arbitration and mediation is that arbitration is binding and final and mediation is not - if the parties mediating can not be made to agree, nothing is resolved.

Mediation can be helpful in bringing two (or more) sides together. Mediation procedures vary, but the parties usually meet first with the mediator to explain their positions. The mediator may then meet with each party separately, going back and forth to reach a resolution. Most disputes are settled, and often the parties are asked to sign a written "settlement agreement," which is binding and final.

Arbitration is more like going to court; it's a "mini-trial." An arbitrator hears evidence and listens to witnesses and makes a decision, acting as a private judge and jury. The arbitrator makes a decision, called an "award." The arbitrator's award is final, may not be appealed, and may be enforced like a court judgment under Article 75 of New York's Civil Practice Law and Rules.

Why ADR? Because: it's inexpensive and fast. Stress tends to be reduced because the result is quick and final. The case is over and done with.

To resolve New York personal injury and accident cases, either mediation or arbitration may be used.

In mediation the plaintiff or claimant will send an attorney who may or may not have the client attend. The defense will either produce an insurance company representative or an attorney who can telephone in to the insurance company for settlement authorization as the parties near agreement. Either side may submit hospital reports, medical reports, photographs, or other materials to assist the mediator in understanding the nature of the case.

In arbitration, the parties present witnesses or evidence, although the neither side need have doctors or other expert witnesses appear and testify, instead submitting their reports. This can result in tremendous cost savings.

A device often used in New York accident arbitrations is the high/low agreement. This means that the parties will agree, in advance, that the arbitration award will not exceed a certain amount, and not go below a different amount. For example, if the parties agree to a $50,000/$100,000 high/low (more accurately it could be called a low/high), than if the arbitrator awards an amount below $50,000, the plaintiff would still get $50,000. If the arbitrator awards more than $100,000, the plaintiff would only get $100,000. If the arbitrator awards an amount between $50,000 and $100,000, the plaintiff would get that exact amount. The existence of a high/low agreement is generally not disclosed to the arbitrator. The smart plaintiff's attorney will have the client sign off on arbitration and the high/low agreement, because the client is limiting his or her potential monetary recovery, and giving up both the right to a trial in court and the right to appeal an unsatisfactory award.

Advantages of a high/low agreement: The insurance carrier for the defendant can ensure that an award will not exceed its available insurance company. The plaintiff can ensure that he or she gets something, and will not walk away empty-handed.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Once considered a political up and comer, former State Assemblyman Ryan Karben of Rockland County was arrested for drunk driving Wednesday night, after his car hit a pole.

Karben was elected to the New York State Assembly in 2002. He resigned from the legislature rather than face sanctions in the face of ethics complaints about his improper behavior with male interns. No formal complaint was ever filed against him.

Karben has a private law practice and is deputy village attorney in Spring Valley. He was arraigned yesterday and released on his own recognizance.

Commentary: Karben is an Orthodox Jew and married father of three. Oy vey!

Karben is an Orthodox Jew and married father of three. Oy vey!

From the blog of: Queens injury lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; also serving Brooklyn and Bronx). Read more from my blog at http://blog.garyrosenberg-law.com.

Until another appeals court rules otherwise, New York must recognize same-sex marriages conducted in other states. So held the New York State Supreme Court, Appellate Division, 4th Dept. this past Friday.

The decision in Martinez v. County of Monroe arose out of Martinez's quest to obtain spousal health care benefits from Monroe Community College for Lisa Golden, whom she married in Ontario, Canada. There was no question that the marriage was legal where performed.

In the absence of a New York statute forbidding same-sex marriage, the Court found no reason not to recognize the marriage. It held that the marriage, "is entitled to recognition in New York State."

Commentary: Gay advocates hail the decision as only a first step towards what they consider truly would be fair: permitting gay marriages in New York State. My lawyer friends and I await the day when gay marriage is permitted in New York, for where there are gay marriages, there will be gay divorces.

From the blog of: Queens injury lawyer Gary E. Rosenberg (personal injury and accident attorney and lawyer; also serving Brooklyn and Bronx). Read more of my blog at http://blog.garyrosenberg-law.com/

On February 4, 2008 the parents of a three-year-old girl sued Crocs, Inc. in federal court in Brooklyn, alleging that the shoes were defective. The child, Emma Hochberg, allegedly had a toe mangled in an escalator when one of her Crocs became stuck. As you may know, Crocs are those big, colorful, rubbery, clog-type shoes that have gotten popular in recent years.

Similar accidents have been reported in Virginia and Atlanta's airport, as well as in Japan and Singapore. The flexibility of the Croc, combined with a child's small foot size and the fact that kids just don't stand still on escalators and rarely watch where they put their feet mean that a moment of distraction can lead to tragedy.

The Crocs can get caught in the "teeth" at the bottom or top of the escalator, or in the crack between the step and the side of the escalator.

Crocs, Inc. does not feel that its shoes pose a health hazard.

Commentary: Many of these accidents can be attributed to parental inattention or the failure to properly maintain the escalator, so that its parts wobble a little, causing gaps which can trap a small foot.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

Matter of Michael Caliguiri

Appellate Division, First Dept.
Admitted to Bar: 1980

Discipline imposed: One year suspension

From 1984 until 2003 Caliguiri was employed by Garbarini & Scher, a law firm that mostly represented doctors and hospitals sued for medical malpractice. In 1999 Caliguiri became the firm's managing partner. Medical Liability Mutual Insurance Co. (MLMIC), a huge insurer of doctors, was one of the firm's major clients.

In light of Caliguiri's expertise, a neighbor of Caliguiri's asked him to answer medical malpractice questions from one of his partners, for which no money changed hands. Caliguiri knew that the defendant doctor being sued by the neighbor's law firm was insured by MLMIC.

Caliguiri's wife worked for MLMIC and secretly copied MLIC's confidential file on the neighbor's law firm's case and gave it to Caliguiri. Both Caliguiri and his wife testified that she did this without Caligiuri asking her to do so. Caliguiri looked at the file, which confirmed his opinion that MLMIC would not voluntarily settle the case because it felt it could successfully defend it.

The neighbor's law firm disclosed Caliguiri's participation to MLMIC and the medical malpractice case was settled.

At the end of 2005 Caliguiri left Garbarini & Scher over "philosophical differences." One month later his wife was fired by MLMIC.

Caliguiri says: The opinion he gave about the way the case would proceed was the same before he read the documents as after - he did not formulate his advice based on something he learned from the file.

The Appellate Division found: that while it believed that Caliguiri never requested the copy of MLMIC's file and his wife copied it on her own, he should never have looked at it.

Despite the fact that Caliguiri made no money (no personal gain) the Appellate Division held that his conduct violated the attorney-client privilege - that he should have kept secret his client's confidential information, even though his firm was not representing the client for that case.

Commentary: The Court actually toyed with imposing a longer suspension, but found that in addition to not gaining financially from his misconduct, Caliguiri showed "profound remorse" and had suffered devastating financial and personal consequences. Plus he had a clean disciplinary record, this being his first infraction in an otherwise clean 25-year legal career.

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx)

On the morning of February 13, 2008, a husband and wife wallpaper-hanging team from Nesconset, Long Island, were driving to work together to an office complex in New Hyde Park. While trying to park on the roof of a partially constructed parking garage, the couples' SUV hit a patch of ice.

Julie Simon, 46, and Charles Simon, 47, faced unspeakable terror as their vehicle, filled with wallpaper and scaffolding, slid across the ice, crashed through a metal cable and teetered over the edge of the garage.

Charles Simon was able to escape the SUV, but Julie couldn't remove her seatbelt in time. The SUV plummeted some three stories - about 40 feet - to the muddy ground below and landed on its roof, killing Julie.

The Simons worked together as unionized wallpaper hangers. The couple, born-again Christians, had no children and were inseparable

FROM A PRESS RELEASE:

Manhattan District Attorney Robert M. Morgenthau announced today the indictment of 11 persons for operating a fraudulent "medical mill" that bilked insurance companies of more than $6.2 million. Among the defendants, charged in an 84-count indictment with Enterprise Corruption and other criminal offenses, are three medical doctors, a chiropractor, two acupuncturists, and 10 corporations. Two other people who assisted in the criminal affairs of the enterprise have been charged in separate indictments.

The enterprise charged in the indictment used so-called "runners" to stage phony motor vehicle accidents and bring ostensibly injured parties to a clinic at 1090 St. Nicholas Avenue in Manhattan. Services at the clinic were provided by medical doctors and other healthcare professionals, who were part of the enterprise. In the case of staged accidents, there were no actual injuries to treat, but the medical providers prescribed unnecessary treatments, procedures and medical equipment, falsified medical records and other documents and submitted false claims to insurance companies. In some instances, the services billed for were provided only in part or not provided at all. The enterprise followed the same fraudulent practices with persons who came into the clinic with injuries from real accidents, billing insurers for treatment or equipment that either was unnecessary or was not actually provided.

At the top of the criminal enterprise's hierarchy was GREGORY VINARSKY and the companies he incorporated. VINARSKY paid the "runners" to stage car accidents and bring uninjured passengers to the enterprise's clinic. VINARSKY was not a licensed physician and for that reason could not legally exercise control over the clinic. However, he did exercise control and directed the medical providers to prescribe unnecessary tests, procedures, durable medical equipment and other medically unnecessary courses of treatment. Further VINARSKY used his four companies, VIGAR MANAGEMENT CO., INC., UPPERSIDE MGT. CO., INC., SAINT NICHOLAS AVE. REALTY, INC. and REVICK REALTY, INC., and their bank accounts, to conceal his operation and control of the professional corporations and to launder the proceeds of the criminal scheme. More than $3.5 million of the insurance proceeds illegally taken in by the enterprise was traced to VINARSKY and his four companies.

The next tier of the criminal enterprise included medical doctors, other licensed healthcare providers, and the professional corporations they used to conduct business. All the providers worked out of the St. Nicholas Avenue clinic. Among them were ARON GOLDMAN, a medical doctor, and his professional corporation, SAINT NICHOLAS AV. MEDICAL CARE, P.C.; CHANTAL HILAIRE, a medical doctor; MATTHEW KESCHNER, a chiropractor, and his two professional corporations, MATTHEW G. KESCHNER, D.C., P.C. and CHIROPRACTIC SPECIALTIES OF NEW YORK, LLC; YAKOV BLETNITSKIY, an acupuncturist, and his professional corporation, ORIENT ACUPUNCTURE SERVICE, P.C.; YING MU, an acupuncturist; and ROMAN TABAKMAN, a medical doctor, and his professional corporations, EAST SIDE NEURO DIAGNOSTICS, P.C. and ROMAN MEDICAL SERVICES, P.C.

According to the indictment, the health care providers, GOLDMAN, HILAIRE, KESCHNER, BLETNITSKIY, MU, and TABAKMAN, all falsified medical reports, patient evaluations, and other documents for submission to insurance carriers in support of fraudulent claims for reimbursement, and they routinely prescribed unnecessary tests, procedures, durable medical equipment, and other medically unnecessary courses of treatment to facilitate the criminal scheme. GOLDMAN, KESCHNER, BLETNITSKIY, and TABAKMAN also used their professional corporations and their bank accounts to launder the proceeds of the group's criminal scheme and to conceal VINARSKY'S unlawful control of the professional corporations.

The next tier of the enterprise comprised clinic employees responsible for administration of the medical clinic, communication with patients, transportation of patients, and preparation of documents and billing for submission to insurance carriers. It is alleged that NIDIA CORADIN, who was the front desk manager at the clinic, solicited patients, paid runners who brought uninjured passengers to the clinic for treatment, falsified prescriptions and other medical documents, and directed patients to falsify no-fault insurance applications, receipts for durable medical equipment, and other documents. This tier also included clinic employees who acted as technicians and performed medical tests and procedures, such as biofeedback, electrocardiograms, and nerve conduction studies. NIRMALEE MARRERO, TABAKMAN'S technical assistant, falsified medical reports and other documents for submission to insurance carriers, and NATALIA NEVEROVA, administered bogus biofeedback procedures to patients, thereby enabling members of the enterprise to submit falsified medical reports and other documents to facilitate the group's criminal scheme.

The fourth tier was made up of runners, including CORADIN and ELEUTERIO SUERO. The indictment charges that ELEUTERIO SUERO, who was paid to stage car accidents and bring uninjured passengers to the clinic, forced another runner, at gun point, to stage an accident.

Defendant Information:

GREGORY VINARSKY a/k/a Gary Vinarsky, DOB: 3/29/46
176 E. 71st St., 6D
New York, NY 10021

ARON GOLDMAN, DOB: 8/26/51
1621 3rd Ave., 4A
New York, NY 10021

CHANTAL HILAIRE, DOB: 5/27/62
15 Melton E. Drive
Rockville Center, NY 11570

MATTHEW KESCHNER, DOB: 10/15/72
240 E. 86th St., 5E
New York, NY 10028

YAKOV BLETNITSKIY, DOB: 6/13/95
150 E 61st St., 6E
New York, NY 10065

YING MU, DOB: 6/25/35
61-56 Austin St.
Rego Park, NY 11374

ROMAN TABAKMAN, DOB: 8/9/55
409 Center Street
Fort Lee, NJ

NIRMALEE MARRERO, DOB: 5/24/75
1150 St. Lawrence Ave., B
Bronx, NY 10472

NATALIA NEVEROVA, DOB: 7/3/74
2926 Brighton place
Brooklyn, NY 11235

NIDIA CORADIN, DOB: 8/22/69
1504 Amsterdam Ave., 3A
New York, NY 10031

ELEUTERIO SUERO, a/k/a Tim, a/k/a Jose, DOB: 9/9/77
601 W. 185th St.
New York, NY 11230

MARGARET DEJESUS, DOB: 7/14/68
638 Underhill Ave., 2
Bronx, NY 10473

MARGARITA SERPER, DOB: 1/16/64
5 Pasture Lane
Roslyn Heights, NY 11577

Commentary: So there were two different, overlapping schemes. One with phony accidents and pretend injuries, and a second with actual accidents and exaggerated or pretend injuries.

Apparently a "runner" alerted cops to the scheme. Then undercover officers posed as runners and pretended to join in the corruption.

Of course there had to be lawyers in on this too. Just wait and see if I'm right. Betcha there are attorney arrests to follow.

My condolences to any patients with a legitimate case and injury that treated at the St. Nicholas Avenue facility. Their medical records are in the prosecutor's office; their doctors unavailable to testify at trial, and may be going to jail; and their cases ruined because the clinic that treated them is known to be crooked. For more on this, see my FREE book, "Good Lawyers Don't Call You First."

A 91-year-old woman is fighting for her life after her legs were cut off in a hit-and-run accident at about 10:30 A.M. in the Bronx. A truck hit her and kept going; there are also reports that a car may have struck her after the truck and also taken off.

The gruesome occurrence took place at E. Gun Hill Road and DeKalb Avenue, while Anna Rogovin was crossing the street. Rogovin, who walked very slowly and used a cane, was likely going to the Mosholu Montefiore Community Center, which serves lunch and has programs for senior citizens.

She served as a U.S. Navy WAVE (Women Accepted for Volunteer Emergency Service) in World War II.

Rogovin was taken to St. Barnabas Hospital after the accident and was in critical condition from her injury.

Commentary: What can you say about a driver who would run down a senior citizen and leave her lying in the street?

Overview:

A catastrophic injury or illness usually occurs suddenly and without warning.

Injuries may be considered catastrophic when they disrupt a person's life and livelihood, or ability to earn a living. Management of catastrophic injuries is complex and may require the expertise of a team of health care professionals as the injured person moves from hospital to rehabilitation, and return to home and community.

The financial fallout from a catastrophic injury makes essential the careful valuation of the claim by an experienced personal injury attorney working with economic and vocational specialists, life care planning specialists, and specialists in rehabilitation medicine.

The goal of an attorney handling these matters is simple: to secure for the client the Best Possible Future.

Paralysis

One type of catastrophic injury is paralysis.

Definition: "Complete loss of strength to an affected limb or muscle group."

Normal muscle function requires unbroken nerve connection from the brain to aparticular muscle. Damage at any point along this path reduces the brain's abilityto move a muscle and may cause muscle weakness. Complete loss of the nerve prevents movement and is called paralysis.

Weakness may sometimes lead to paralysis. Other times, strength may be restored to a paralyzed limb.

While paralysis may affect an individual muscle, it usually affects an entire bodyregion. Some types of paralysis are:

Quadriplegia: where the arms, legs and chest are paralyzed;

Paraplegia: where both legs, and sometimes part of the chest, are paralyzed;

Hemiplegia: where one side of the body is paralyzed.

Paralysis may be caused by damage to the brain or spinal cord.

Damage to the brain may come from a stroke, tumor, certain diseases and a fall or blow to the head.

Damage to the spinal cord is most often caused by trauma, such as a fall or car accident. There may be other causes, such as a herniated disc or various diseases or conditions.

The type of paralysis may give important clues to its origin. Paraplegia, orparalysis of the legs, occurs after damage to the lower spinal cord, and quadriplegia occurs after injury to the upper spinal cord, at the shoulders or higher. Spinal cord damage too high on the neck will affect the nerves serving the lungs and heart paralyzing the muscles that circulate blood and cause breathing, resulting in death.

Not all paralysis is treatable. But for non-permanent paralysis, the only way to treat paralysis is to repair its underlying cause. Rehabilitation may include: physical therapy to rebuild the muscles; occupational therapy to help restore the ability to perform daily activities, such as bathing, getting dressed; respiratory therapy to help breathing; vocational rehabilitation to retrain for a job; social worker to help adjust to one's condition; speech-language pathologist; nutritionist and others.

Legal consequences: In a lawsuit from an accident causing paralysis, an injury attorney may have to consult many of these specialized experts, in addition to medical doctors, to best understand what the future holds for a paralyzed accident victim and how best to present that person's claim to a jury.

Where the paralysis affects the injured person's ability to earn a living, there may also be coordination with Medicare, Medicaid, private health and disability insurance, and other alternative sources of income or payment for medical care.

Amputation

Another type of catastrophic injury is amputation.

Definition: "Loss of a body part." Usually a finger, toe, arm or leg, due to an injury, accident or trauma.

Sometimes an amputated body part can be re-attached, especially when care is taken both of the body part and site of the amputation. In a partial amputation, some tissue remains connected. Re-attachment may or may not be possible.

Complications common to this type of injury include bleeding, shock and infection. 50% to 80% of amputees experience the phenomenon of "phantom limbs." This means that they feel as if the missing body part is still there. These phantom limbs can itch, ache and feel as if they are moving.

Some causes of amputation: factory, farm or power tool accidents or from motor vehicle accidents.

Long-term care for amputees may include a prosthesis and training in its use. In a lawsuit from an accident causing amputation, an injury attorney will have to focus on rehabilitation and the injured client's ability to earn a living. Vocational and occupational experts are frequently consulted. The question often arises about future expenses, such as future medical costs and care and replacement of the prosthesis.

Burns

From kids washing under a too-hot faucet to the accidental steam explosion from a car radiator, burns are a potential hazard. Babies and young children are especially susceptible to burns, as they are small and curious and have sensitive skin.

Common causes of burns are:

scalding (from hot liquids or steam)

contact with open flame or heated objects (stove, fireplace, etc.)

chemical burns (bleach, battery acid, etc.)

electrical burns

sun burn

Types of burns:

First-degree: Mildest. Limited to top layer of skin. Redness, pain minor swelling. No blisters.

Second-degree: More serious. Involve skin layers beneath the top layer.

Third-degree: Most serious. Involves all layers of skin and underlying tissue.

Nerve damage may mean little pain.

What to do:

Seek medical assistance if:

Burned area is large or looks infected (swelling, pus, redness, etc.);

Burn is from a fire, electrical or chemical source;

Smoke was inhaled;

Burn is on the face, scalp, hands or genitals.

A lawsuit for an accident involving burns can require sophisticated engineering assistance to show negligence, particularly in the cases of chemicals and/or defective products. An experienced legal team is essential.

This is an older new article with an update.

On May 8, 2008, shortly after midnight, two cars were drag racing on 164th Place and 109th Avenue in Jamaica, Queens.

One of the racing vehicles, a BMW, collided with a Ford Escape, ejecting from the back seat of the Ford five year-old Jordan Mclean, the nephew of the Ford's driver. Jordan suffered head injury and brain trauma and was later pronounced dead at Jamaica Hospital. The other two people in the Ford were not seriously hurt.

Both the driver of the BMW and the other drag racer drove from the scene to avoid police.

Last night (Friday, May 9th) the driver of the BMW, Shelmar Adams, age 30, of Jamaica, surrendered to police. He was charged with leaving the scene of a fatal accident.

Commentary: I have a sad and perhaps too-obvious point to make. Although nowhere mentioned in the news reports of this horrible accident, if the child (Jordan Mclean) had been in a child seat or toddler seat with a seatbelt on, he could not have been ejected from the car, and might not have been injured. I hope his aunt can live with that knowledge.

Common in "soft tissue" car accident cases is a defense motion seeking summary judgment for the injured plaintiff's supposed failure to have injuries in excess of New York's No-Fault "serious injury" threshold. This motion, commonly known as a Licari motion - after the appellate case that heralded the motion's popularity - carries little or no downside to the defendant bringing it. If the motion is lost, the defense attorney gets a second chance at trial to renew the attack on plaintiff's injuries as being insufficient.

Many of these motions are ill-conceived or supported by insufficient evidence and are winnable, and are in fact won, by plaintiffs whose attorneys know the ins and outs of the current case law on this subject.

I propose that every defense Licari motion be countered by a plaintiff's cross-motion to dismiss the defense of "no serious injury." If the defense motion is soundly beaten, than the Court should consider removing the defense entirely, removing a potential hazard from plaintiff's path to a successful trial verdict. This would raise the stakes for defense law firms that routinely make and appeal denials of these motions and, just maybe, make them hesitant to bring them in almost all soft-tissue cases.

Commentary: For more about these motions and soft-tissue injuries, see my book, WARNING! THINGS THAT CAN DESTROY YOUR N.Y. CAR ACCIDENT CASE (And the Insurance Companies Already Know These Things), available for free from: http://www.GreatLegalBooks.com.

Too often I see children standing up in cars, looking out the back window or just sitting on laps. Don't parents know that in an accident the body of an unrestrained child becomes a projectile, bouncing around the interior of the car? A child can be thrown from the car or through a window or windshield and fatally injured, and occupants of the vehicle can be hurt by a child impacting their heads or necks. Apparently, some people still have not gotten the message.

Are car seats too expensive? Or are people just plain lazy?
There are different types of car seat, usually varying depending on the size, age or weight of the child. Remember to buy a new car seat - old car seats may not have the latest safety features or may have been compromised in an accident.

Infant car seats - only face the rear; usually used in the back seat; may be used as an infant carrier and may be attachable to a stroller.

Convertible car seats - Used in the rear; when your child gets older may change into a forward-facing car seat or even a booster seat.

Booster seats - the last step before your child can wear a regular seat belt; used with the car's seatbelt.

It is important that you follow the manufacturer's instructions about how to attach the car seat.
Also, you always want to send in the car seat's registration form, so you are notified if the manufacturer recalls the seat for any defect.

If your child is wearing a heavy coat, make certain that the harness straps are tight. Make sure to tighten the straps when your child wears lesser outerwear (when the weather warms up). Some safety agencies recommend removing your child's outerwear in the car, so that the child can be fastened securely into the car seat.

Do not re-use a car seat after a serious accident - one that causes severe damage to the car. Get a new one.

Common car seat mistakes:

Placing child in wrong size car seat for his weight/size;

Placing a rear-facing car seat in the front seat of the car;

Not tightening harness correctly;

Positioning the harness chest clip incorrectly;

Not using the latch correctly.

Not just a safety issue, it's the law. Below I summarize New York Vehicle and Traffic Law, Section 1229-c. For specific questions, consult the statute.

No person shall operate a motor vehicle in this state unless:

(1) all back seat passengers under the age of four are restrained in a specially designed seat which is either permanently affixed or is affixed to such vehicle by a safety belt,

(2) all back seat passengers of such vehicle who are age four or older but under age seven are restrained in an appropriate child restraint system (+ combination lap and shoulder harness belts)

(3) all front seat passengers (a) under the age of sixteen are restrained by a safety belt; or (b) if they are under the age of four, by a specially designed seat which is either permanently affixed or affixed to such vehicle by a safety belt, or children who are age four or older but under age seven are restrained in an appropriate child restraint system (+ combination lap and shoulder harness belts)

The rule changes somewhat if: the passenger four or younger weighs more than 40 pounds, or if the car is not equipped with shoulder harness belts, or if all the lap and shoulder belts are already in use by other children in the car
No person shall operate a motor vehicle unless such person is restrained by an approved safety belt. No person sixteen years of age or over shall be a passenger in the front seat of a motor vehicle unless such person is restrained by an approved safety belt.

This section shall not apply to taxis, liveries, and buses other than school buses EXCEPT no person shall operate a school bus unless all passengers under the age of four are restrained in a specially designed detachable or removable seat, or another approved restraining device.

So, you had an accident. You slipped and fell, or maybe you were involved in a car collision. You thought you were okay, a little sore maybe, bumps and bruises - nothing serious. No broken bones. You noticed your back and neck started feeling tight, stiff and you couldn't move as freely as you could before the accident. You used a heating pad, took some pain relievers, and maybe saw your family doctor, just in case. But weeks have gone by, and you still hurt.

You've more than likely suffered a "soft-tissue injury." Soft tissues include the muscles, ligaments, tendons and nerves. If it's a muscle sprain or strain, then you're lucky because you'll probably get better in time. But, if you have a bulging or herniated disk, well, that will be with you permanently. That doesn't mean that it will always hurt, but, if you're reading this article, then you're probably one of the unfortunate people that are still plagued by the pain, which may even get worse.

When your neck and back hurts, it can be difficult and sometimes intolerable to perform everyday activities. Movements like turning your head, sitting, standing, bending or twisting can cause sharp or radiating pain, a dull ache, or annoying tingling, burning and numbness. These symptoms can be caused by herniated and bulging disks pressing on a nerve.

The spine consists of bones that are cushioned by disks comprised of a tough outer layer (annulus) and a soft, jelly-like inner layer (nucleus). These disks act as shock absorbers, protecting the spine and nerves from the stress of everyday movements as well as strenuous work such as heavy lifting. When a disk bulges, it protrudes from between the disks. When a disk herniates, a tear in the annulus allows the jelly-like nucleus to push into the spinal canal.

Herniated and bulging disks can cause injury or damage to nerve roots that run off of the spinal cord. You may have radiculopathy if the herniated or bulging disk puts pressure on a spinal nerve. Radiculopathy is a term to specifically describe pain, numbness, tingling or weakness in the neck, back, legs or arms, depending on where the disk is located, caused by damage to a nerve root. This pain will cause limitation of movement, restricting activity to such a degree that you may be considered partially and permanently disabled as a result.

If you are complaining of the above symptoms, your doctor will probably send you for an MRI (Magnetic Resonance Imaging). An MRI is a diagnostic test that will show injury to the soft tissue, unlike an x-ray, which focuses on bone. Radiculopathy is often diagnosed by another diagnostic test called an EMG (Electromyography).

When you're hurt in an accident, you never know whether your injuries will get better or be permanent. Lack of treatment or testing will give the adverse insurance carrier an opportunity to claim your injuries are not accident-related or serious. The insurance carrier may offer to pay very little or "nuisance money" to settle your insurance claim, or may refuse to make any payment at all. Protect your self and any potential claim you may have - seek immediate medical treatment and call an accident attorney right away for a consultation.