Central New York Injury Lawyer Blog

Why You Should Turn Down That First Offer From The Insurance Adjuster.

August 22, 2014 | by Michael Bersani

A first offer from an insurance adjuster is like the first kiss on a date: It usually leads to something more substantial. At least that’s my experience (recently in law, and a long time ago in dating). Yes, I have plenty of recent experience (more than 20 years) in New York personal injury law.

When you are hurt because of someone else’s negligence, you are likely to get a call from an insurance adjuster fairly soon. He or she will offer you money to settle. It probably won’t be enough. My advice? Think of it as a first date. If you simply take that offer, and sign a “release”, and say goodbye, you’ll never find out what would have happened on the second date.

As Nancy Reagan used to say, “just say no”! Don’t worry about the offer evaporating. As a New York personal injury lawyer with many years’ experience, I have never seen that first offer “disappear”. I have never even seen and insurance adjuster LOWER an offer, much less take it off the table. And I have seen many, many times, indeed most times, insurance adjusters INCREASE their offer.

Lawyer Gets Sanctioned For Calling Other Lawyer An A**hole.

August 20, 2014 | by Michael Bersani

Litigation lawyers are, in a sense, at war. Each lawyer is fighting for his client to prevail. A spirited fight requires, sometimes, spirited verbal exchanges.

But there are limits. Fellow lawyers, here’s a little rule of thumb: Don’t call your opponent an “asshole”.

That’s exactly what one lawyer called another in Alexander Interactive v. Adorama Inc., a case involving a simple business dispute, and not, as one would expect given the level of vitriol, a roiling matrimonial case. The insult-hurling lawyer — whose surname is coincidentally “Savage” — dropped the “A-bomb” in an email to her opponent. Then the “Savaged” opponent – who apparently denied the charge — one-upped her by flipping the email over to the judge, who then sanctioned Ms. Savage with an admonishment, despite Ms. Savage’s pleas that her opponent had “provoked” her into her transgression.

NY Wrongful Conviction Settlement Is Big, As It Should Be (Central NY Personal Injury Lawyer Explains)

August 19, 2014 | by Michael Bersani

Wrongful convictions in New York are probably a lot more common than we think. But proving a wrongfully conviction is indeed rare. It’s not easy peeling away at a skillful prosecutor’s evidence, especially from behind bars.

But some convicts have done it. And when they do, we should all rejoice because, “but for the grace of God, there go I”.

Does society owe such a person compensation? You bet. And compensation is what happened today in New York when Jabbar Collins (shown in the photo), a man who spent 16 years in prison for a murder he did not commit, and then spent three years in litigation against the City of New York, reached a $10,000,000 settlement. That’s about $600,000 per year in prison.

What Are The “Rights To The Road” For New York Cyclists? Syracuse Bike Accident Lawyer Explains

June 26, 2014 | by Michael Bersani

I’ve recently been blogging about New York bicycle law and how to investigate and prove bike accident cases in New York. Today I am going to answer a common question I get from other cyclists.

Because I am both a New York personal injury lawyer and an avid bicyclist, my biking buddies often ask me about bicycle laws in New York. One thing they often want to know is whether it legal for them to “take the lane” rather than stay to the far right.

The answer is “sometimes”. Section 1234(a) of New York’s Vehicle and Traffic Law (not applicable in New York City) provides that, “upon all roadways, any bicycle . . . shall be driven either on a usable bicycle . . . lane or, if a usable bicycle . . . lane has not been provided, near the right-hand curb or edge of the roadway or upon a usable right-hand shoulder in such a manner as to prevent undue interference with the flow of traffic except when preparing for a left turn or when reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge. Conditions to be taken into consideration include, but are not limited to, fixed or moving objects, vehicles, bicycles, in-line skates, pedestrians, animals, surface hazards or traffic lanes too narrow for a bicycle or person on in-line skates and a vehicle to travel safely side-by-side within the lane.”

How To Properly Investigate A Bycicle Accident Case: CNY Bike Accident Lawyer Explains

June 24, 2014 | by Michael Bersani

In my recent blog post about how bicycle accidents happen, I promised to blog next about how to properly investigate a bike accident to prepare a New York bicycle accident case against the at-fault motor vehicle driver. I keep my promises!

The first rule is to preserve the evidence. This is important not only to prove your case, but also to prevent the defendant from later arguing that your case should be tossed out because you destroyed evidence. So save the bike! Don’t use it or fix it. Preserve it!. The damage to it may help show where the car struck the bike and the force of the impact among other things.

Of course you should get any police accident reports. Equally important, but more time consuming, go to the scene and explore it carefully. Bring a camera and photograph and film everything in sight. Look for skid marks. Have an accident reconstructionist or investigator with you to take measurements. Have someone take a video as he or she rides or walks along from the cyclist’s point of view. Do the same, from a similar car, for the driver’s point of view. Look to see if it should have been obvious to the driver that there would be bikes and pedestrians in the area. For example, are there marked bike lanes? Are there sidewalks or crosswalks?

Auburn New York Bicycle Accident Lawyer Explains How Bike Accidents Happen

June 22, 2014 | by Michael Bersani

Yeah, that’s yours truly in the photo (at the Geneva NY MusselmanTriathlon a few years ago). No, I didn’t win anything, not even for my age group, but yes, I had fun trying!

With all this great weather we’ve been having here in the Finger Lakes, I’ve been getting out on my road bike quite a bit. I try to cram in two or three 30-milers during the work week and one long one on the weekend.

Since I’ve got cycling on my mind, my next few blogs will thus be about cycling accidents, how to prevent them, and, god forbid, if you are hurt in one, how your lawyer should build your case.

Auburn NY Personal Injury Law Firm Honors “Hometown Heroes” Again!

June 20, 2014 | by Michael Bersani

For the second year in a row, the Michaels Bersani Kalabanka Auburn New York Injury Law Firm is honoring United Way of Cayuga County volunteers as “hometown heroes” at all 38 Auburn Doubledays home games this year.

Here’s how it works: At each home game, one United Way volunteer is publicly recognized and honored as a “hometown hero” and receives four game tickets and food vouchers for his or her family and friends. A different volunteer is honored at each home game and the Michaels Bersani Kalabanka Auburn New York Injury Law Firm funds the program, including the free tickets plus food for the “hometown heroes”.

“It’s a wonderful program and I am thrilled that they are generously continuing it again this year,” said Carrie Collins-Fadell, Executive Director of the United Way of Cayuga County.

Ten Tips For Safe Motorcycle Riding In Heavy Traffic (From Your Central NY Motorcycle Accident Lawyer!)

June 19, 2014 | by Michael Bersani

Hey bikers, it’s me, your Central New York motorcycle accident lawyer with some motorcycle safety tips for heavy traffic riding. That’s where a lot of the accidents happen, so listen up. I’m warning you, you’re going to have to multi-task out there when competing with heavy traffic. And if you don’t do it right you could end up wrong. I’m talking road kill or hood ornament.

(1) Ride in open zones

Look for those gaps between vehicles and try to ride them. This will keep those big hunks of moving metal away from you and give you more room to maneuver and react.

Central and Syracuse NY Motorcycle Accident Lawyer: Seven Ways To Be Safe On Your Motorcycle

June 18, 2014 | by Michael Bersani

I published these motorcycle safety rules in our Spring Newsletter, but it can’t hurt to publish them again here on my blog site. These are general motorcycle safety suggestions. My next post will give safety tips for riding in heavy traffic.

1. PROTECT YOUR MOST IMPORTANT ORGAN!

Your brain, of course! Looking cool is important (just ask any 14-year old!) but those skull cap helmets won’t protect your brain when your head gets dashed against the pavement. Wear a properly certified helmet and your chances of surviving a crash

New York Personal Injury Lawyers: Be Sure To Promptly Demand That Surveillance Videos Be Preserved.

June 16, 2014 | by Michael Bersani

A recent case published in the New York Law Journal illustrates the importance of personal injury lawyers promptly demanding that surveillance videos be preserved. Surveillance cameras are virtually everywhere now: In our streets, stores, businesses, banks, schools and traffic lights. So almost every time a new case comes into your office, your first thoughts ought to be, “might there be surveillance videos? Who might have them?”

The importance of promptly demanding that surveillance tapes be preserved is illustrated in the recent case of Rodriguez v City of New York. In that case, a child was assaulted at school. The victim’s lawyer claimed the school provided negligent or insufficient supervision, thus facilitating the attack. After suit was commenced, during the deposition of one of the school employees, the employee testified that she had reviewed a surveillance video taken the day of the incident. She claimed it did not show the attack, but did show kids leaving the school.

Right after the deposition, the injured child’s attorney sent out a “Notice for Discovery and Inspection” demanding a copy of the surveillance video. The School’s lawyer sent a response indicating the video had been automatically taped over about 60 days after the incident and that, in any event, it had not shown the attack.