New York Personal Injury Lawyer Blog

When you or a family member are involved in a New York motor vehicle accident, slip and fall accident in the Bronx, from a dog bite, or on a construction site, for example, it is vital to remember the following:

Immediately get treatment at a hospital, doctor's office, or clinic, as insurance companies consider very closely the time between an injury and treatment. Thus, even if you think you're o.k., it's always better to make sure;

Report the accident immediately to the local police, and make sure that the investigating officer is aware of any pain that you are experiencing. This is very important, because insurance companies will always make reference to the fact that the claimant "did not make any complaints at the scene to the officer." As a corollary to this, when you obtain a copy of the police report, if there are errors or inconsistencies with the diagram or the officer's description of what you told the officer at the scene, make an effort to have the officer file what is known as an "amended report", so that the insurance carrier can't use an erroneous admission against you.

Take photographs of any visible injury, especially with dog bites, scarring, bruising, and any other injury that is likely to begin healing before the insurance company has a chance to review the case. This point can't be stressed enough, since many of our clients come to our office after much of the visible areas of injury have begun healing, and this evidence can't be duplicated;

When in an auto crash, motorcycle accident, or truck accident, for example, take photographs of the damage to your car or motorcycle before it is repaired. This is critical evidence in establishing the extent of an impact, as well as which driver was primarily at fault. Once again, this is evidence which we often don't have to use for trial since clients frequently have the damage repaired before they come to our office;

In the case of a Westchester slip and fall accident, for example, it is vital that you get photographs of the condition that you fell on, whether it be a defective step, crack in the sidewalk, or hole in the pavement. Especially in cases involving private owners, if photos aren't taken immediately, the owner will often repair the condition before a claim is made, thus depriving the lawyer of solid evidence of negligence;

If you are involved in an automobile accident, immediately report the accident to your own insurance company to preserve your no-fault benefits and insure that your medical bills will be covered for your initial treatment;

Do not under any circumstances give a statement or recorded interview to the insurance company for the driver of the other vehicle;

Regardless of how "caring" or concerned" the other car's insurance representative appears to be about your injuries, do not sign any documents or prepare any reports of the accident until you have had the opportunity to meet with the attorney and discuss the case in detail--you may be signing a document which prevents you from bringing a claim in exchange for a completely inadequate amount of money.

If you have been in a motor vehicle, truck, motorcycle, slip and fall or a construction accident, or have been injured through a defective product or medical malpractice, contact The Law Office of Mark A. Siesel online or at 888-761-7633 for a free consultation to discuss your case with an aggressive, experienced lawyer that is devoted to seeking the maximum possible compensation for your injuries.

A report in the New England Journal of Medicine confirms a 2002 study that arthroscopic knee surgery is not effective in reducing the joint pain or stiffness associated with arthritis. Arthritis is caused when cartilage that protects bones at the joints (knee, hips, shoulders, hips) wears down abnormally, causing pain and stiffness due to the bones rubbing together. Arthritis affects approximately 27 million Americans, usually beginning after age 40.

Arthroscopic knee surgery is a technique in which the surgeon is aided by images from a camera in the joint. It is most commonly used in repairing injuries such as ligament and cartilage tears. in 2006, there were 985,000 arthroscopic knee surgeries in the United States, according to figures for the Centers for Disease Control and Prevention. Of those surgeries, approximately 200,000 to 300,000 were performed to treat arthritis.

The study in question examined 178 adults with moderate to severe arthritis who underwent arthroscopic surgery, during which bone and cartilage are removed with tiny incisions. The main conclusion, as stated by Dr. David McAllister, associate professor of orthopedic surgery at UCLA, is that: "...for this level of arthritis, surgery is not any better than nonsurgical treatment...[including physical therapy]."

http://www.injurylawny.com/The American Association of Justice recently released their report named "The Ten Worst Insurance Companies in America: How They Raise Premiums, Deny Claims, and Refuse Insurance To Those Who Need It Most." In the report, Allstate is cited as the worst insurance company in the U.S. The methods by which Allstate obtained its "award" are essentially the tactics that this writer has been seeing more insurance companies adopt each year. That is, they deny claims, delay payment as much as possible, even in the most clear cut cases, and defend cases to trial that ought to be settled out of court. To give a classic example of Allstate and State Farm's tactics, (State Farm was ranked as 4th worst, but in my opinion, they should be ranked a very close second behind Allstate) in a Brooklyn car accident case about four years ago, my client was in a car that was rear ended by a driver who was later convicted of DWI. He suffered a severely injured shoulder which required surgery, as well as 4 herniated discs. Allstate's driver had a minimal insurance policy. Rather than settle the case, when their driver was 100% at fault and the injuries he caused were severe, Allstate delayed, fought, and defended an indefensible case, all in an effort to try to get our office to accept a slightly lower offer, which we ultimately refused to do and Allstate had to pay the policy anyway. I would love for someone to explain to me exactly how my client, or Allstate's insured, were "in good hands with Allstate."

Allstate began the strategy that resulted in its status as worst insurance company in the mid 1990's when it hired the “efficiency” consulting firm McKinsey & Company, who specialize in redesigning product delivery systems for Fortune 100 companies to maximize profits. McKinsey created a plan for Allstate's claims operations known as the “Claims Core Process Redesign” or simply CCPR. According to the author of "From Good Hands To Boxing Gloves", David Berardinelli, CCPR has generated between $15 to $25 billion in excess profits for Allstate's stockholders.

The ranking of the 10 worst insurance companies by the AAOJ is as follows: 1) Allstate, 2) Unum, 3) AIG, 4) State Farm, 5) Conseco, 6) WellPoint, 7) Farmers, 8) United Health, 9) Torchmark, and 10) Liberty Mutual.

For a free consultation with an aggressive, experienced lawyer who has obtained numerous verdicts and settlements for his clients, and in the process defeated the insurance company tactics described above, contact The Law Office of Mark A. Siesel online or at 888-761-7633.

New York City Councilman David Weprin has introduced a bill which would ban the sending or reading of text messages while driving within New York City. As the Queens Democrat stated: You're not looking at the road and you don't have both hands on the wheel when driving while text messaging... the probability for auto accidents is too high to ignore." The bill will be modeled after New York State's ban on the use of cellphones while driving, which imposes a $100.00 fine for this violation of the New York Vehicle & Traffic Law.

The proposal was prompted by the tragic fatal car crash in New York's Finger Lakes region last summer when 5 teenage girls riding in an SUV died. The accident investigation revealed that the driver was sending a text message when she swerved into oncoming traffic and the vehicle collided with a tractor-trailer.

There are only four states that currently ban texting while driving, according to the Governors Highway Safety Association--Alaska, Minnesota, New Jersey and Washington. Legislation to do the same is under consideration in 16 other states, according to Mr. Weprin's staff. Based on a 2006 study by Nationwide Insurance, 19% of drivers text message at the wheel, including a whopping 37% of drivers between the ages of 18 and 27.

If you are injured in a New York automobile accident, contact the Law Office of Mark A. Siesel online or at 888-761-7633 for a free consultation with an experienced, knowledgeable attorney to analyze your case and discuss your legal rights and options.