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Unraveling Common Myths About Personal Injury Claims

By Uncategorized

In the realm of personal injury law,misinformation often abounds, leading to confusion and misunderstanding among those seeking compensation for their injuries. Separating fact from fiction is crucial for anyone navigating the complexities of a personal injury claim. Let’s debunk some of the most common myths surrounding this area of law.

Myth 1: You Can’t File a Claim If You’re Partially at Fault Reality: Contrary to popular belief, you may still be entitled to compensation even if you bear some responsibility for the accident. Many jurisdictions follow comparative negligence laws, where your compensation is reduced by your percentage of fault. Consulting with a personal injury attorney can help you understand your rights and options in such cases.

Myth 2: You’ll Get a Windfall Settlement Reality: While substantial settlements do occur, they’re not guaranteed in every case. The value of your claim depends on various factors, including the extent of your injuries, medical expenses, lost wages, and the skill of your legal representation. Beware of exaggerated promises from anyone guaranteeing specific outcomes.

Myth 3: You Must Go to Court for Every Claim Reality: Most personal injury claims are resolved through negotiation or settlement outside of court. Litigation is typically a last resort when parties can’t reach a fair agreement. Skilled negotiators can often secure favorable settlements without the need for a trial, saving time, money, and emotional stress.

Myth 4: Only Physical Injuries Qualify for Compensation Reality: Personal injury law encompasses a wide range of harms beyond physical injuries. Emotional distress, psychological trauma, and financial losses such as property damage and lost earning capacity may also be compensable. Consulting with an experienced attorney can help you assess the full extent of your damages.

Myth 5: Hiring a Lawyer Is Too Expensive Reality: Many personal injury attorneys workon a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows injured individuals to access legal representation without upfront costs. Additionally, lawyers can often negotiate lower medical bills and liens, maximizing your net recovery.

Dispelling common myths about personal injury claims is essential for ensuring that individuals understand their rights and pursue fair compensation for their injuries. By seeking reliable information and enlisting the assistance of qualified legal professionals, you can navigate the claims process with confidence and achieve the best possible outcome for your case.

If you have any questions or think you may be eligible for compensation please call us today, 716.854.1446.

Knowing and Understanding Your Rights in a Personal Injury Lawsuit

By Uncategorized

In the aftermath of a personal injury, understanding your rights can be empowering. At Losi & Gangi Attorneys at Law, we believe that knowledge is key to navigating the legal landscape successfully. In this blog post, we’ll delve into the crucial aspects of knowing and understanding your rights in a personal injury lawsuit.

  1. Know Your Right to Compensation:
    • Every individual has the right to seek compensation for injuries caused by someone else’s negligence.
    • Understanding the types of damages you may be entitled to, such as medical expenses, lost wages, pain and suffering, and more, is essential.
  1. Understand the Statute of Limitations:
    • It’s important to be aware of the statute of limitations, which sets the time limit within which a lawsuit must be filed.
    • Failure to file within this timeframe could result in the loss of your right to seek compensation.
  1. Know Your Right to Legal Representation:
    • You have the right to seek legal representation to ensure your rights are protected and advocated for.
    • Choosing an experienced personal injury attorney, like those at Losi & Gangi, can greatly enhance your chances of a successful outcome.
  1. Understand the Legal Process:
    • Familiarize yourself with the legal process involved in a personal injury lawsuit, from filing a claim to negotiating with insurance companies or going to trial.
    • Knowing what to expect can help alleviate stress and uncertainty throughout the process.
  1. Know Your Right to a Fair Settlement:
    • Insurance companies may offer settlements that are lower than what you deserve. It’s crucial to understand your right to negotiate for a fair settlement.
    • A skilled attorney can help you assess the value of your claim and negotiate on your behalf to secure the compensation you deserve.

At Losi & Gangi Attorneys at Law, we’re committed to helping you understand and assert your rights in a personal injury lawsuit. By knowing your rights and having a knowledgeable legal team on your side, you can navigate the complexities of the legal system with confidence. If you’ve been injured due to someone else’s negligence, don’t hesitate to reach out to us for a consultation. Your rights matter, and we’re here to protect them.

Common Myths Surrounding Workers’ Compensation

By Workers Compensation

Workers’ compensation serves as a critical safeguard for employees, offering financial assistance and medical support in the wake of work-related injuries or illnesses. Nevertheless, misconceptions and falsehoods often cloud the understanding of this vital system. In this blog post, we aim to debunk prevalent myths surrounding workers’ compensation, empowering both employees and employers with accurate information to navigate this process effectively.

Myth 1: Workers’ compensation is solely for severe injuries.

While workers’ compensation does cover severe injuries like fractures or traumatic incidents, its scope is far broader. It encompasses various conditions, including repetitive strain injuries such as carpal tunnel syndrome, occupational diseases arising from workplace exposure, and mental health issues triggered by job-related stress.

Myth 2: Filing a claim will lead to retaliation from my employer.

Fear of retaliation often deters employees from seeking the benefits they rightfully deserve. However, workers’ compensation laws protect against employer retaliation. Employers cannot lawfully terminate or discriminate against employees for filing legitimate claims. In fact, it’s illegal to retaliate against employees for exercising their rights under workers’ compensation laws.

Myth 3: If the injury occurred outside of the workplace, I’m not eligible for benefits.

While workers’ compensation primarily covers injuries sustained on the job site, it also extends to injuries occurring during work-related activities outside of the workplace. This could include injuries sustained while traveling for work, attending work-related events, or running errands for your employer. As long as the injury is connected to your employment duties, you may be eligible for workers’ compensation benefits.

Myth 4: I can handle my workers’ compensation claim without legal representation.

While it’s possible to navigate the workers’ compensation process independently, seeking legal counsel can significantly enhance your chances of receiving full and fair benefits. Workers’ compensation laws can be complex, and insurance companies may attempt to minimize payouts. A knowledgeable attorney can advocate for your rights, navigate legal complexities, and ensure you receive the compensation you deserve.

Workers’ compensation is a crucial safety net for employees, offering financial stability and medical assistance during challenging times. Clearing up misunderstandings fosters a healthier work environment where both employees and employers can thrive.

If you have been injured at work, do not hesitate to get the workers’ compensation you deserve. Our experienced attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. Call us today at 716-854-1446 for a free consultation.

Understanding the Benefits of Workers’ Compensation for Work-Related Injuries

By News

Work-related injuries can have a significant impact on individuals, both physically and financially. Whether it’s a slip and fall accident, repetitive strain injury, or a more severe incident, employees deserve compensation for injuries sustained on the job. Understanding the benefits available through workers’ compensation can help injured workers navigate the process and receive the support they need.

At Losi & Gangi, we are committed to advocating for injured workers and helping them secure the compensation they deserve. In this blog post, we will explore the benefits that claimants can expect to receive following a work-related injury.

  • Medical Treatment Coverage: One of the primary benefits of workers’ compensation is coverage for medical treatment related to the injury. This includes doctor’s visits, hospital stays, surgeries, prescription medications, physical therapy, and other necessary medical expenses. Injured workers can receive the care they need without worrying about the financial burden.
  • Lost Wages Compensation: In addition to medical treatment, workers’ compensation provides compensation for lost wages during the recovery period. If the injury prevents the employee from working temporarily or permanently, they may be eligible to receive a portion of their wages to help cover living expenses and support their families.
  • Vocational Rehabilitation Services: For workers who are unable to return to their previous job due to the injury, workers’ compensation may cover vocational rehabilitation services. These services help injured employees acquire new skills or training to transition into a different role or industry that accommodates their physical limitations.
  • Permanent Disability Benefits: In cases where the injury results in permanent impairment or disability, workers’ compensation provides benefits to compensate for the loss of earning capacity. The amount of compensation depends on the extent of the disability and its impact on the individual’s ability to work and earn a living.
  • Death Benefits: Tragically, some work-related injuries result in fatalities. In such cases, workers’ compensation provides death benefits to the surviving dependents of the deceased worker. These benefits may include compensation for funeral expenses and ongoing financial support for the deceased employee’s spouse, children, or other dependents.
  • Legal Assistance and Advocacy: Navigating the workers’ compensation process can be complex, especially when dealing with insurance companies and legal requirements. Working with an experienced attorney, such as those at Losi & Gangi, can help injured workers understand their rights, gather necessary documentation, and navigate the appeals process if their claim is denied.

Workers’ compensation provides crucial benefits to employees who suffer work-related injuries. From medical treatment coverage to lost wages compensation and vocational rehabilitation services, injured workers can receive the support they need to recover and move forward with their lives. If you or a loved one has been injured on the job, don’t hesitate to seek legal guidance and pursue the compensation you deserve.

Contact Losi & Gangi today for a complimentary consultation to discuss your workers’ compensation case and take the first step towards securing the benefits you are entitled to. Our dedicated team is here to advocate for your rights and help you obtain the compensation and justice you deserve.

Essential Steps to Take Following a Construction Accident Injury

By Workplace Safety

Experiencing a construction accident can be overwhelming, but knowing the right actions to take afterward is crucial. At Losi & Gangi, we’re committed to ensuring you understand your rights and receive the support you deserve after such incidents. In the aftermath of a construction accident, following these steps diligently can help protect your rights and facilitate the process of obtaining the support and compensation you need for recovery. Here are the key steps to follow:

  • Prioritize Medical Attention: The first and most critical step is to seek medical help immediately. Your health and well-being are paramount, so ensure your injuries receive prompt and proper medical care.
  • Notify Your Employer: It’s imperative to inform your employer about the accident as soon as possible. Notifying them promptly is essential for initiating the necessary reports and ensuring eligibility for workers’ compensation benefits.
  • Collect Vital Information: Gathering relevant details is pivotal for building a strong case. Obtain contact information from witnesses, take photographs of the accident scene if feasible, and retain copies of medical bills and receipts for expenses incurred due to the injury.
  • Document Evidence: Recording evidence is crucial for establishing the extent of your injuries and any negligence on the part of your employer. Maintaining thorough medical records and seeking legal assistance can significantly strengthen your claim.
  • Consider Legal Recourse: If you’ve sustained a severe injury in a construction accident, seeking legal guidance is advisable. An experienced attorney can help you navigate the complexities of filing a claim and ensure you understand your rights and entitlements.

At Losi & Gangi, we offer complimentary consultations for personal injury and workers’ compensation cases. Contact us today or call 716-854-1446 to schedule your free consultation and take the first step towards seeking the compensation you deserve.

Promoting Construction Worker Safety in 2024

By Workplace Safety

As we enter the new year, it’s critical to prioritize the safety and well-being of those working in construction. Construction is a high-risk, dangerous job, where workers are frequently injured due to factors like unsafe working conditions, insufficient training, and more. The new year presents a great opportunity to refresh workers on training and safety procedures, as well as introduce any new measures to improve the safety and effectiveness of workers. In this blog, we cover essential construction safety tips workers should adhere to for maximum safety and protection in 2024.

Review and Update Safety Training:

Regularly refreshing safety training is vital to keep it at the forefront of workers’ minds. January marks an opportune time to revisit existing safety protocols and introduce any new regulations to enhance worker safety in the upcoming year.

Weather Preparedness:

As Western New York is known for its  harsh winters, workers must be adequately equipped for snow, high winds, and frigid conditions. Providing proper clothing, gear, and equipment is essential to protect against cold weather, rain, and extreme cold.

Health and Wellness:

Acknowledging the rising concerns about mental health in the construction industry, employers should emphasize the well-being of their employees. This involves promoting a culture that prioritizes regular breaks, hydration, and proper nutrition to mitigate the toll that demanding job requirements can take on workers.

Emergency Procedures:

In the event of an emergency, swift and informed action is crucial. Employers should ensure that all workers are familiar with emergency procedures, including the locations of first aid kits, fire extinguishers, emergency exits, and more.

Regular Safety Inspections:

Conducting scheduled safety inspections is a proactive measure to identify and address potential hazards, preventing accidents. These inspections should encompass equipment, workspaces, and adherence to safety protocols. Any identified hazards should be promptly addressed to create a safer working environment.

At Losi & Gangi, our commitment is to protect the well-being of workers. If you’ve suffered a job-related injury, you are entitled to compensation. Our trained attorneys are ready to guide you through the process. Contact us today at 716-854-1446 for a free consultation and let us help you get the compensation you deserve.

The Role of an Expert Witness in Personal Injury Cases

By Personal Injury

The presence of an expert witness is critical in personal injury cases, as they can significantly help influence and shape the outcome of legal proceedings. These professionals bring impartial opinions and testimony to the forefront, serving as instrumental assets throughout the litigation process.

The qualifications of an expert witness are important to their effectiveness in court. It is imperative that these individuals possess a high level of credibility, and possess extensive experience, specialized education, and relevant professional certifications. Their expertise and credentials not only enhance their standing but also bolster the weight of their testimony.

There are several advantages of incorporating an expert witness into a personal injury case. One of the primary benefits lies in the ability of these experts to fortify the plaintiff’s claim. By presenting solid evidence and leveraging their professional insights, an expert witness can thoroughly assess the nature of injuries sustained and project their long-term impact on the individual’s life.

Moreover, expert witnesses take into account a variety of factors that contribute to the overall evaluation of damages. This includes a meticulous examination of medical expenses, lost wages, pain and suffering, and the discernible decline in the quality of life experienced by the injured party. Through their specialized knowledge, these experts provide a comprehensive understanding of the multifaceted repercussions of the injury, thereby contributing significantly to the plaintiff’s case.

In essence, an expert witness’s ability to provide unbiased, informed opinions, and offer their expertise makes them highly valuable individuals to assist with personal injury cases. At Losi & Gangi, our attorneys fight hard to ensure you get the compensation you are entitled to and deserve. For a free consultation, contact us today or call 716-854-1446 today.

Returning to Work After a Workplace Injury: Your Rights and Options

By News

Understanding your rights and available choices is vital when resuming work after a workplace injury. Rushing your recovery process can lead to potential re-injury. In this blog post, we will explore essential considerations when returning to work following a workplace injury.

Keep Your Employer Updated: It’s essential to maintain open communication with your employer throughout the recovery process. This includes sharing information about your progress, attending medical appointments, and providing updates on your condition. Keeping your employer informed allows them to make necessary accommodations when you do return to work.

Do Not Return Until Your Doctor Clears You: Returning to work prematurely, before your doctor has declared you fit to do so, can pose serious risks. It may lead to a re-injury or prolonged recovery. Always follow your healthcare provider’s recommendations and wait for their clearance to ensure a safe and successful return to work.

Ask for Accommodations: If your workplace injury has resulted in permanent or long-term limitations, it’s essential to request reasonable accommodations. The Americans with Disabilities Act (ADA) requires employers to provide accommodations to employees with disabilities, including those arising from workplace injuries. Discuss potential accommodations with your employer to help you perform your job effectively.

Return-to-Work Programs: Many employers have established return-to-work (RTW) or stay-at-work (SAW) programs to support injured employees during their transition back to the workplace. These programs are designed to facilitate a smooth and safe return. Contact your Human Resources department to learn more about the specific RTW or SAW policies and programs available at your workplace. 

If you’ve experienced a workplace injury and are concerned about your rights during the return-to-work process, it’s crucial to seek legal guidance and support. Losi & Gangi is here to help. We are committed to ensuring that you receive the compensation and accommodations you are entitled to.

For a free consultation and to learn more about your rights, please contact Losi & Gangi at 716-854-01446. Our experienced team is ready to assist you in navigating the complexities of workers’ compensation and advocating for your best interests. Your well-being and legal rights matter to us, and we’re here to guide you through the process.

Source: https://www.wcb.ny.gov/returntowork/injured-worker.jsp

The Significance of Recording Your Injuries and Costs in a Personal Injury Lawsuit

By Personal Injury

When dealing with a personal injury lawsuit, maintaining a comprehensive record of your injuries and associated expenses holds significant importance. The presence of solid evidence and substantiated records of your injuries greatly enhances the strength and success of your legal case. Our team of personal injury attorneys at Losi & Gangi can help walk you through the process, and inform you on what you need to know.

Three Key Reasons Why Comprehensive Medical Documentation Holds Crucial Importance in a Personal Injury Lawsuit:

Establishing Injury Existence and Attributes: Thorough medical documentation serves to confirm the occurrence, nature, severity, and origin of your injuries. This documentation forms the bedrock of your case, enabling you to establish a direct causal link between the accident and the injuries sustained due to the defendant’s actions or negligence

Addressing Pre-existing Conditions: Medical documentation is instrumental in two facets concerning pre-existing health conditions. It can validate that the plaintiff had no previous health concerns related to the injury prior to the accident. Conversely, it can also assist plaintiffs with pre-existing conditions in proving that their injuries are indeed fresh and are a result of the accident.

Determining Appropriate Compensation: Medical records play a pivotal role in determining the fitting amount for settlement or judgment. This encompasses not only quantifiable economic damages but also intangible non-economic damages like psychological distress or persistent pain.

In essence, the abundance of medical documentation amassed by you and your legal representative significantly bolsters your position. Legal professionals utilize these medical records to calculate a suitable compensation figure that adequately addresses your pain and suffering.

Types of Medical Records to Gather:Your medical records should encompass a range of items, such as:

  • Official diagnosis from medical professionals
  • Detailed itemized medical bills
  • Elaborate notes from medical appointments

Important to Keep in Mind: During the process of gathering medical records, it’s advisable to include any material even remotely relevant to your case.

Inclusive List of Bills and Expenses: Your documentation should encompass various expenses, including but not limited to:

  • Costs incurred for surgical procedures
  • Fees associated with ambulance services
  • Expenses related to blood tests or scans
  • Medical consultations and appointments
  • Expenditures for physical therapy and rehabilitation
  • Outlays for prescribed medications
  • Charges linked to diagnostic imaging like X-rays or CT scans

Moreover, don’t overlook out-of-pocket expenses. The aftermath of a severe injury involves a protracted and often costly recovery journey. These out-of-pocket expenses can rapidly accumulate, heightening the financial strain on the victim. Keep meticulous track of expenditures like medication, medical supplies, healthcare services, and requests for medical documents.

Capturing Injuries Through Photography:

Harnessing the power of visual evidence, photographs hold remarkable sway within your personal injury case. Snap images of any visible injuries—bruises, fractures, cuts—and remember to regularly update these pictures as your injuries progress toward recovery.

A combination of bills, thorough medical documentation, and photographic evidence collectively shapes the foundation for a compelling personal injury case. If you’re seeking assistance, our team of personal injury attorneys at Losi & Gangi can help guide you through the process. Contact us today for a free consultation.

Source: https://www.hg.org/legal-articles/what-medical-documentation-do-you-need-for-a-successful-personal-injury-claim-51768

10 Essential Tips for Preventing Workplace Injuries

By Workplace Safety

Ensuring the safety and well-being of employees should be a top priority for any business. With proactive measures and a strong commitment to safety, employers can establish a secure work environment for their team. Continue reading to learn 10 essential tips to help prevent personal injuries in the workplace.

  1. Establish a Comprehensive Safety Program: Develop a robust safety program that covers all aspects of your business operations. The program should include safety policies, procedures, and guidelines tailored to the specific risks associated with your industry and work environment.
  2. Prioritize Employee Training: Invest in thorough and ongoing employee training. Ensure that all staff members are well-versed in safety protocols, know how to handle equipment properly, and understand potential hazards unique to their roles.
  3. Conduct Regular Safety Inspections: Schedule regular safety inspections to identify and address potential hazards promptly. Keep detailed records of these inspections and follow up on any issues that require attention.
  4. Provide Personal Protective Equipment (PPE): Supply employees with appropriate personal protective equipment, such as helmets, safety glasses, gloves, and ear protection. Ensure that employees use PPE consistently and that it is replaced when worn out.
  5. Encourage Open Communication: Create an environment where employees feel comfortable reporting safety concerns or near-miss incidents without fear of reprisal. Encouraging open communication will help identify potential risks and address them before accidents occur.
  6. Implement Ergonomic Practices: Promote ergonomic practices to reduce the risk of musculoskeletal injuries. Adjust workstations to promote good posture and invest in ergonomic chairs and tools where necessary.
  7. Maintain Equipment Regularly: Regularly inspect and maintain all machinery and equipment. Proper maintenance reduces the risk of accidents caused by equipment malfunctions.
  8. Foster a Culture of Safety: Lead by example and foster a culture of safety throughout your organization. Show that you prioritize safety, and encourage employees to do the same.
  9. Plan for Emergencies: Establish clear emergency plans, including evacuation procedures and designated assembly points. Conduct regular drills to ensure employees know how to respond in case of an emergency.
  10. Seek Legal Advice When Needed: In the unfortunate event of a workplace injury, consult with a workers’ compensation and personal injury attorney immediately. Our experienced attorneys at Lost & Gangi can guide you through the legal process, protect your rights, and ensure you are getting the compensation you are entitled to.

By implementing these ten essential tips and prioritizing the safety of your employees, employers can create a secure work environment and reduce the likelihood of injuries on the job. If you have been injured at work, do not hesitate to get the workers’ compensation you deserve. Our experienced attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. Call us today at 716-854-1446 for a free consultation.