Central New York Injury Lawyer Blog

Michaels Bersani Kalabanka’s Lee Michaels Is Not Only A Great Trial Lawyer, He’s A Great Teacher . . .

February 25, 2020 | by Michael Bersani

Our senior lawyer, Lee Michaels, has been teaching trial practice at the Syracuse College of Law for decades. Many of Lee’s former students keep in touch with him well into their law careers. Lee continues to mentor many long after they have graduated. Recently, Lee got a letter from a student, Steve Kim, who took his class nine years ago. Here it is, abridged somewhat. We publish it with the Kim’s permission. At Michaels Bersani Kalabanka, we are all proud of our senior trial lawyer’s achievements not only in the courtroom but in the classroom!

Dear Lee,

I was a student in your trial practice class nine-years ago. I write to you to thank you for teaching the single most impactful class of my entire career. Although I lost most of my law school notes, books, and outlines– I held on closely to my trial practice binder and always made sure I knew where it was.

Cell Phones, Rear End Collisions, and Self-Braking Cars, Oh My. Syracuse Auto Accident Lawyer Explains.

February 23, 2020 | by Michael Bersani

This Syracuse car accident lawyer keeps getting too many rear-end collision cases. This uptick in my rear-end collisions case load has nothing to do with me. The same uptick is experienced by all Syracuse car accident lawyers, and in fact by auto accident attorneys everywhere in the USA. This has been a trend for at least a decade, ever since smart phones really took off so that everyone and their mother has one. Not only does everyone have one, but it seems almost every one at some point in time uses their phone while they are driving. Be honest, have you? Ever?

If not, you are in the minority. According to a recent study, almost 90 percent of drivers in the USA admit to using their cell phones (at least sometimes) when they are driving. Scarier still, the average driver is on his phone 3.5 minutes for every hour of driving.

This doesn’t sound like a lot but it totally explains my uptick in rear-end collision cases. If you look down at your phone for only one second at a speed of 55 miles per hour, your car travels 80 feet during that second. So guess where the hood of your car ends up if, during that second, the car you were following decides to stop? That’s why car accident lawyers all around the Syracuse area, and in fact all around the nation, surely have, like me, increased their rear-end collision case portfolio over the last decade.

How Does the Personal Injury Contingency Fee Work in New York?

February 4, 2020 | by Michael Bersani

Attorney and client walking up the steps of a courthouse

New York personal injury lawyers usually charge on a “contingency fee” basis. The contingency fee allowed in a personal injury case varies from state to state, but generally it is either 1/3 (33 1/3%) or 40%. In New York it’s at most 1/3. It is often less where the lawyer is representing a minor and in medical malpractice cases. For the purposes of this blog post, let’s assume it is 1/3. But 1/3 of what exactly? It depends. Read on to find out!

But before I explain how it works, let me explain why it even exists. The contingency fee exists because most people can’t afford the very high hourly-based fees lawyers would charge. The hourly-based fees might reach over $100,000 in a complicated case. The contingency fee allows regular folks who have a valid personal injury claim to seek justice.The contingency fee is a gamble for your lawyer. If he does not win your case, he does not get paid. If he does win, or settles, he gets roughly a third of the money.

Syracuse Personal Injury Lawyer Explains How to Avoid Getting Injured

February 1, 2020 | by Michael Bersani

Believe me, getting injured is not worth the money you can get in settlement or at trial with a personal injury like me. It never is. I have represented hundreds of clients over the years, and every single one of them would have gladly returned the money in exchange for turning back the clock to their pre-injury life. Although obviously no one can turn a clock back (well, except for Marty McFly in “Back to the Future”), there is a lot we all can do to reduce the odds that a serious accident – one of life’s great wrecking balls – will strike us.

In my line of work, I see accident victims all the time. Most serious injuries I see happen while my clients are operating a motor vehicle or dangerous machinery or when they are working from heights. To help avoid or minimize these injuries, drive carefully, don’t get distracted, wear seatbelts, wear helmets when required or advisable, use the right safety equipment, use eye protection when using power equipment, and don’t drink when you are using machinery of any kind. The point is this: Even when your injuries are largely someone else’s fault, you still might avoid or minimize the injuries if you just use your common sense.

What about Medical Malpractice? Can you avoid being a victim of that kind of injury? This is an important question because medical malpractice is now the third leading cause of death (after heart disease and cancer) in America.

New Roundabouts are Popping Up in Central NY. Why? Syracuse Car Accident Lawyer Explains.

January 12, 2020 | by Michael Bersani

Photo of newest roundabout in Ontario County

Before I explain why roundabouts (also called traffic circles) are popping up all around us, let me digress. I lived in France for five years back in the 70’s and 80’s and I never once came across a four-way stop. That’s because they don’t exist there. In fact, I recently had a French visitor driving my car in Geneva, New York, with me as passenger. When we approached the four-way stop on Castle and Brook Streets, he did not know what to do. After I explained to him the “first come first go” principle, he seemed perplexed, and asked me, “but what if we get to the stop sign at the same time?” Touché! Good question.

France has more roundabout intersections than baguettes. They’re everywhere. One out of every 45 intersections in France is a roundabout. Au contraire over here. It’s only one in a thousand.

Who Can You Sue For Your Slip and Fall on City Sidewalk? Probably No One, Says Syracuse Injury Lawyer

December 14, 2019 | by Michael Bersani

The City this Central New York personal injury lawyer calls home, Geneva, New York, recently amended its sidewalk law. Many local homeowners are concerned about the effect this might have on their “liability” for snow and ice on sidewalks. Before the amendment, the City Code had said, and continues to say, that homeowners (and business owns) “shall at all times keep the sidewalk (abutting their property) free from ice, snow, grass, weeds, rubbish and other obstructions; and shall at all times keep said sidewalk in a good state of repair . . .”. (Geneva City Code section 306-7). The Code further said, “If any person shall neglect or refuse to comply with the requirements of this section as to snow, ice or other obstructions, or sidewalks out of repairs, the Director of Public Works may cause all necessary work to be done at the expense of the person so in default” (id.) The amended law now states that, for snow and ice, the abutting property owner has only 24 hours from the cessation of snowfall to clean it up.

Bottom line, the City has upped the ante so that now, if you don’t remove the snow and ice within 24 hours, the City will do it and charge you for it.

The question for today’s blog post is, given the mandates of this City Code, can a passerby who slips on snow or ice or trips on a defect on the sidewalk abutting my property sue me for failing to remove snow or ice or otherwise failing to maintain the sidewalk abutting my property so that it is safe?

Slippery, Snow-Covered, Icy Roads Are No Excuse for Causing a Car Accident, Says Syracuse Car Accident Lawyer

December 1, 2019 | by Michael Bersani

As I write this blog, the roads in Syracuse, New York and surrounding areas are deadly. Sleet and freezing rain have been falling all day . The roads are frozen. My driveway in Geneva, NY is an ice skating rink. My windshield had a thick shell of ice covering it before I rolled it into the garage.

The National Weather Service just posted that the roads in Syracuse and all the way down through Pennsylvania are likely to be “treacherous” for travel for the next 48 hours. The National Weather Service is warning of “nearly impossible” driving conditions. They warn drivers to stay home or at least “use extreme caution, allow plenty of distance between you and the vehicle ahead of you”.

Already about a dozen Onondaga County vehicles are reported crashed or disabled likely due to the weather.

Syracuse Injury Lawyer Visits French Courtroom and Is Impressed!

November 24, 2019 | by Michael Bersani

I recently flew across the Great Pond to France. I’m no stranger there. I lived there for five years in my 20’s. So my French ain’t bad. I also have three daughters and four grandchildren over there. Here we are having some fun:

While in Toulouse, my French son-in-law and father of two of my grandchildren, Fabrice, took me to a Court called the “Tribunal d’Instance”. There’s no exact translation for this since the justice system is so different over there. Mostly this Court processed what we would call misdemeanors and low-level felonies. Fabrice and I sat through four legal proceedings in one afternoon for about 5 hours.

Here’s a picture of the courthouse:

Central New York Injury Lawyer Discusses “Childhood Sex Abuse Clusters” in New York Schools

October 11, 2019 | by Michael Bersani

We are well into the one-year grace-period (which started on August 14) of New York’s Child Victim’s Act (“CVA”). Victims of childhood sexual abuse of any age can, during this one-year window, sue their perpetrators and those who facilitated the sexual abuse through negligence or worse. More than 600 CVA lawsuits have already been filed. New York childhood sexual abuse lawyers, myself included, have received thousands of calls and emails from victims.

I have been surprised by the many calls I have received from those abused by teachers. Some schools, it turns out, were sexual abuse “clusters”. For example, Kenmore West High School in Buffalo has been in the news for the large number of CVA suits (31) filed against it. Maryvale Union Free School District and Niagara Falls School District also are sexual abuse clusters.

Sexual abuse clusters are the product of what I call a “culture of silence”. A perpetrator cannot rape so many children alone. He needs a culture of silence to surround and insulate him from detection. What do I mean by a culture of silence? It’s a “see no evil, hear no evil” attitude about sexual abuse. It’s a kind of “what happens in Vegas, stays in Vegas” even when the evil perpetrated is against children.

Michaels Bersani Kalabanka Lands Seven-Figure Personal Injury Settlement

October 7, 2019 | by Michael Bersani

We recently settled a Syracuse personal injury case in mediation for a confidential amount above seven figures. Although we are not at liberty to discuss the details of the settlement, nor any of the specifics regarding the injury (we signed a confidentiality agreement with the insurance company), nor the exact amount, I can say that Jan, once again, did an outstanding job.

I interviewed one of our lawyers about this result after his mediation. Here’s what he said: “My client was very satisfied with the result. As usual, I can’t say much about the case because the insurance company insisted on a confidentiality agreement. But I can say this: The settlement was a win for our client. She is very happy with the result. And that’s my definition of winning.”

Why did the insurance company insist that the settlement be “confidential”? This happens a lot with large settlements. Insurance companies worry that, if word gets out that they have paid out a significant sum of money on one case, plaintiffs with similar injuries in other cases against them will hold out for more money and refuse to settle for less.