Central New York Injury Lawyer Blog

How to Know When Your Lawyer Has Committed Legal Malpractice in Your Case.

January 31, 2010 | by Michael Bersani

We have brought many New York legal malpractice lawsuits against other New York personal injury lawyers. In fact, we are one of the few firms in our area willing to sue other lawyers for malpractice. Our experience has taught us a few things. One thing we have learned is how a client can suspect that his lawyer has committed legal malpractice in his personal injury or medical malpractice case even when the lawyer won’t tell the client. How? Read on.

Phone rings. Secretary tells me a potential client is on the phone with a personal injury case and he wants to “switch lawyers”. I take the call. The potential client says, “my lawyer at first told me that I had a great personal injury case, that I had a lot of money coming to me, but now all of a sudden he tells me the case is not worth pursuing. He is trying to talk me into dropping the case. But I don’t want to drop it. Can you represent me?”

Wooo! When I hear this, red flashing lights go off in my head. The first question I ask is, “WHEN did your accident happen?” If the answer is, “just over three years ago”, I say to myself, “bingo”.

Why Do Injured People Seek Out Personal Injury Lawyers? Syracuse Accident Lawyer Explains.

January 30, 2010 | by Michael Bersani

I get it all the time: “I’m not THAT kind of person. I’m not the suing type”. They fidget nervously, from their chair on the other side of my desk, afraid I will think they are “that kind of person” for coming to see me. I think silently, “What must you think of me, who makes a living out of being ‘that kind of person?'”

But I don’t say that, of course. I show compassion. No one wants to be in their position. Here they are, forced by circumstances to become “that kind of person”. Embarrassed by it, really. I tell them what they are feeling is very common. No one wants to sue anyone. No one wants to claim money for an injury. Money won’t make the pain go away. But they need to think about the future, about their lost income, about their medical costs, and of course about their pain, suffering and loss of enjoyment of life that may last forever. And they shake their head in agreement knowingly, relieved that I am not going to judge them to be “that kind of person”.

So what makes them overcome their embarrassment and come to see me? Their life has suddenly changed for the worse because someone was careless. Maybe they got hit by a drunk driver that didn’t stop at the stop sign. Maybe they slipped and fell on an icy walkway that no one bothered salting. Maybe they were injured on a construction job where the safety rules weren’t being enforced, causing them to fall from a ladder or scaffold. Whatever it was, they are hurt, it wasn’t their fault, and after mulling it over for a few days, after seeing how their life has changed, perhaps forever, and how unfair that is, and after feeling the rage, the injustice of it all —- they call. They set up the appointment. They come in. They sign the retainer.

Syracuse Malpractice Lawyer on Recent New York Times Article: Medical Students Describe Pervasive Medical Malpractice

January 26, 2010 | by Michael Bersani

A New York Times article today, written by two fourth-year Harvard Medical School students, describes the frightening pervasiveness of medical malpractice in the United States, and the medical profession’s seemingly incorrigible habit of turning a blind eye to it. In my blog post today I will extract the article’s pearls of wisdom, and hand them to you, my reader. If you want the full oyster, shell and all, I highly recommend the full article.

The authors start by summarizing some of the more alarming studies that have catapulted medical malpractice to the headlines in recent years, including the famous (or infamous) Institute of Medicine Report in 1999 estimating that medical errors kill as many as 98,000 people a year, and a more recent New England Journal of Medicine study with similar findings.

Most interesting, though, was the authors’ discussion of recent polls of medical students regarding their experience with medical malpractice. Surprisingly, a poll of third-year students revealed that most students had already witnessed medical errors (and they aren’t even doctors yet!) or had committed errors themselves, but did not know what to do about it, who to report it to, or how to handle it. The system just wasn’t set up to admit, explore, or learn from medical error.

Madison County, New York Car Crash Injuring Several Passengers Demonstates New York Car Insurance Principles

January 25, 2010 | by Michael Bersani

The Syracuse Post Standard reports that eight people were injured in a two-car crash last Friday night in Eaton, Madison County, New York. That’s a lot of injured people for one accident! It’s unusual, too, because nowadays most vehicles on the road have NO passengers. Look around next time you are driving and you will see what I mean!

One of the two cars was headed northbound on Route 46, failed to stop at a stop sign at Route 20, and was struck by the other car heading east on Route 20. The car that failed to stop at the stop sign was carrying three passengers, all whom were injured, though apparently not seriously. The driver traveling on Route 20, who had the right of way, suffered neck injuries, but one of his three passengers suffered a serious leg injury, so serious that she was taken by helicopter to Upstate University Hospital in Syracuse.

In this blog post I want to discuss how insurance will cover all these injuries, minor and serious alike.

Can Minor Who Gives Alcohol to Another Minor Be Sued for Injuries Caused by Drunk Minor in New York?

January 25, 2010 | by Michael Bersani

Two days ago the Syracuse Post Standard reported that the New York State Police had arrested a brother and sister, who are only 22 and 20 years old, for allegedly endangering the welfare of a child in Boonville, New York, by having an underage drinking party at their home on New Year’s Eve where the minor was served alcohol.

Here’s my blog-post question of the day: What if the under-aged drinker had injured someone because of his intoxicated state? For example, what if he had driven away from the party only to smash his car into an oncoming vehicle? Or what if, emboldened by his alcohol-fueled testosterone levels, he assaulted someone and caused serious injury? Who would be liable for those injuries? Can both the 22 year-old and the 20 year-old kids who hosted this party be held liable in a New York under-aged drinking lawsuit?

Yes they can! Obviously, the under-aged drunk driver or assailant would be liable, but so too would the people who held the underage drinking party, even if they themselves are minors. These rules are all found in New York’s General Obligations Law 11-100. Under this law, if someone is injured by an intoxicated minor, the injured victim has a right to bring a New York lawsuit against the person who caused or contributed to the intoxication of the minor by unlawfully selling to, or assisting in the procuring of liquor for, the minor. In order to be held liable, the procurer of the alcohol must have known, or had reasonable cause to believe, that the person he was providing the alcoholic drink to was under the age of 21. Under the law, even an under-aged person who provides alcohol to another under-aged person can be held liable to the victims.

Another Fatal Central New York Snowmobile Accident

January 24, 2010 | by Michael Bersani

The Governeur Times reported yesterday that St. Lawrence County sheriff’s deputies are investigating a fatal snowmobile accident on the Tooley Pond Road near the River Road in the Town of Clifton. A 40-year old snowmobiler of Brownville, N.Y. was traveling north on the east side of Tooley Pond Road when he crossed onto the west side of the road, struck a snow bank and was ejected.

Most snowmobile accidents are caused by snowmobile operator error, usually involving excess speed. Most snowmobile accidents involve a smowmobile driver striking a fixed object, just like in this unfortunate accident, where the driver struck a snow bank.

Sometimes snowmobile accident victims are not at fault, or some other person is partially at fault. This Central New York snowmobile accident lawyer has blogged several times recently about snowmobile accident lawsuits in New York State. You can read all my snowmobile accident blogs, which include safety tips for snowmobiling, by clicking here, here, here and here

Can Alleged Teenage Victim of Rape in Bath, New York Bring New York Rape or Child Abuse Lawsuit against Alleged Rapist or the Employer?

January 23, 2010 | by Michael Bersani

The Syracuse Post Standard reports today that State police have arrested a 28-year old socio-therapist at a residential center for teenage boys on rape charges. The socio-therapist is alleged to have had sexual contact with a 15-year-old resident of Snell Farms Children Center in Bath, in Steuben County.

Criminal charges have been filed, but the question I want to address in today’s blog is, what are the possible CIVIL LAW consequences? In other words, assume the child has suffered some psychological trauma, pain and suffering, and has a need for psychological treatment. Can the child, through a parent or guardian, bring a New York rape or child abuse lawsuit for money damages to pay for his treatment and to compensate him? Who would the child-victim sue and how would he be compensated?

The child, through his guardian or parent, can sue both the alleged rapist and the employer, Snell Farms Children Center. The lawsuit against the rapist would allege assault and battery and other intentional acts. But, even if the child wins at trial, that lawsuit would almost certainly be a waste of time and money. Why? Because even if this socio-therapist has liability insurance, such as homeowner’s insurance, the insurance company won’t pay out a dime on this case. Insurance never covers INTENTIONAL wrongdoing. And what can be more intentional than rape?

Can Student Hit by Car sue Village of Waterloo, New York, or the Waterloo School District for Failure to Provide Sidewalks for School Children?

January 22, 2010 | by Michael Bersani

The Geneva Finger Lakes Times ran a story yesterday about a car-on-pedestrian accident in Waterloo (Seneca County). The story was of interest to me because I pass through Waterloo twice a day on my way from my home in Geneva to my office in Auburn. Here’s what happened:

On January 11, a vehicle struck a 14-year-old student on Stark Street. For at least two years, the child’s mother had been one of several parents voicing (to put it mildly) concerns to local officials about the lack of sidewalks for school children who walk to and from school in that area. The parents say the Village of Waterloo and School officials merely shrugged their shoulders and pointed their finger at each other or at other entities. The Village of Waterloo owns the roadway in the area in question. Everyone, including the Village, appears to agree there is a safety concern with children walking to and from school in that area.

As I read the article, I asked myself, “who can be held accountable for this injury in court”? And “who can be held liable for future accidents if nothing is done”? I answered my own questions, and now it’s your turn. Readers, I give you two choices: Who can be held liable? (1) the Waterloo School Disctrict or (2) The Village of Waterloo?

Community General Hospital’s New Orthopedics Unit in Syracuse Will Meet Increased Surgery Demand and May Decrease Syracuse Medical Malpractice Lawsuits.

January 21, 2010 | by Michael Bersani

Today Community General Hospital in Syracuse, New York, opened its new $7.6 million orthopedics unit. The new unit, located on the hospital’s sixth floor, will care for patients recuperating from knee, hip (including hip and knee replacements) and spine surgery. The Hospital’s old orthopedics unit on the fourth floor provided insufficient space, as the orthopedic surgery practice has grown. The new, modern facility will provide better care and may even reduce orthopedic medical malpractice lawsuits. Outgrown, overcrowded surgical recovery units are breeding grounds for medical malpractice lawsuits.

The new unit is timely. We are going to need more, better, and larger orthopedic units in the future. One big area of growth in the orthopedic surgery field is joint replacement, especially knee and hip replacements. To demonstrate this growth, let’s just look at knee replacements. In 2006, 59,077 people between the ages of 45 and 54 had knee replacements. But experts predict that, by the year 2030, that number will have increased to almost 1 million, nearly 17 times as many! Similar statistics are available for hip replacements.

Why this increase? Three facts are driving the trend: (1) Joint replacements are more successful than before, and thus attract more patients. New technology allows the artificial parts to withstand more stress and strain; (2) Seniors are more active, and need those hips and knees to work for them; and (3) There are more and more obese people, which triggers earlier and greater arthritis and other orthopedic problems.

Can I Sue a Landowner for My Snowmobile Accident? Syracuse Area Snowmobile Accident Lawyer Explains.

January 20, 2010 | by Michael Bersani

When I look back over the past month or so (December and January), I see that I have been blogging quite a bit about car and snowmobile accidents. It is no coincidence. This time of year, these kinds of accidents fill up the newspapers and tie up my phone line.

Car accidents happen with greater frequency in winter for two reasons: (1) the slippery conditions and (2) the shorter days (People are driving in the dark more often, with more limited visibility, both on the way to work and back). And do I need to explain why snowmobile accidents happen with greater frequency in winter? I think not!

A few days ago I blogged that car accidents are sometimes the “road’s fault”, that is, that a government entity (New York State, or a town, city or county) negligently designed the road or its signage, traffic control devices, drainage ditches, shoulders, etc. I explained that, in such cases, motor vehicle accident victims may have a valid claim against whatever government entity designed and maintained the roadway.