Should You Hire a Lawyer For Your Case?

By Uncategorized

Not every case requires a lawyer. However, in most situations, you are much better off with one. At Losi & Gangi, the attorneys are there to represent you fairly and accurately. Below are the reasons you should and should not hire an attorney.

Reasons to hire a lawyer:

– The Law is Complicated: A solid case can quickly change its course without the help of a trained and emotionally detached attorney.

– Not Having a Lawyer May Cost You More: Depending on the case, you can spend time behind bars or get hurt financially. Hiring a lawyer could save you time and money in the long run.

– Lawyers Know How to Challenge Evidence: If you do not have the correct legal training, you will not know what is key evidence and whether or not it was properly obtained or even if the testimony of a witness contradicts an earlier statement. Also, did the crime lab properly handle all of the evidence throughout every step of the case?

– Filing the Wrong Document or Following the Wrong Procedure Could Ruin Your Case: You may struggle with deadlines and protocols when filling out legal documents if you are not an attorney. If one document is late or filled out incorrectly, you could delay or even have your case thrown out.

– They Have Access to the Witnesses and Experts You’ll Need on Your Side: Attorneys network with other professionals to help their clients.

If you are not and attorney, how will you know who can efficiently help your case?

– A Lawyer Can Present Your Strongest Case: Hiring a lawyer allows them to explain to you your options, which can help you avoid penalties from the beginning.

– It’s Always Better to Avoid Problems Rather Than Fix Them Later: If you don’t really understand the fine print of contracts you are signing, hiring a lawyer can help to avoid headaches.

– Lawyers Know How to Negotiate Settlements and Plea Bargains: Chances are the experienced lawyer that you hire will have seen cases like yours in the past and know how to deal with them in court a lot better than you ever would.

– The Other Party Probably Has Legal Representation: If you are going against a party with a lawyer and you do not have one, chances are the attorney representing them will take advantage of the fact that you are not a legal counsel.

– Lawyers Often Provide a Free Consultation: There is no harm in talking to an attorney that does a free face-to-face consultation.

Reasons to not hire a lawyer:

– Some legal proceedings, such as small claims court, require parties to represent themselves, so lawyers are not allowed.

– Many small disputes can also be handled through alternative dispute resolution programs, such as mediation, in order to avoid the expense and stress of hiring an attorney and going to court.

At Losi & Gangi, we always put our clients best interest first.  Call Losi & Gangi at 716-854-1446 to see if hiring a lawyer is the right choice for you.

More information is available at the following websites:

https://hirealawyer.findlaw.com/do-you-need-a-lawyer/top-ten-reasons-to-hire-a-lawyer.html
https://litigation.findlaw.com/going-to-court/do-you-need-a-lawyer.html

2019 Tailgate Concert Series Acts Announced

By Uncategorized

Originally Published on http://www.ubbulls.com/sports/fball/2018-19/releases/20190604o1itw5
June 4, 2019

BUFFALO, NY – The University at Buffalo’s popular Tailgate Concert Series returns for a seventh season this fall and the school has announced the acts coming to Stampede Square beginning in August. Presented by Losi and Gangi, fans will once again enjoy live music by national recording artists as well as popular local talent just 100 yards away from the south gate of the stadium two hours prior to kickoff.

Country artist and former Voice contestant RaeLynn will be performing at the season opener on August 29 against Robert Morris. RaeLynn’s songs include “God Made Girls” which reached number seven on the US Country charts. She was a contestant on the 2012 season of NBC’s The Voice.

Another country artist, Granger Smith, will take the stage on September 21, prior to UB’s game against Temple. Smith is known for such hits as “Backroad Song” which appeared on his EP “4×4”, an album that debuted at number six on the Top Country Albums chart.

Local favorites Nerds Gone Wild, an award-winning ’80s party band will perform at homecoming, prior to Buffalo’s game against Ohio on October 5. Never Ben, East Aurora’s premier party band specializing in pop, rock and blues will play prior to the October 26th game against Central Michigan.

The Tailgate Concerts take place inside Stampede Square which opens three hours prior to kick-off. Fans are encouraged to arrive early to cheer on the team during the Walk to Victory, enjoy family friendly activities and listen to live music all before kick-off.

Season tickets are only $125 and are on sale now for the 2019 season. Fans who cannot commit to a full season package should check out the MoBULL Pass, the most flexible ticket option for any UB fan. For just $100 get 10 flexible tickets to be used at football, men or women’s basketball or wrestling. For our fans eighth grade and younger, be sure to join the Jr. Bulls Kids Club. For complete ticket information click here

Date Opponent Performer
Aug. 29 Robert Morris RaeLynn
Sept. 21 Temple Granger Smith
Oct. 5 Ohio Nerds Gone Wild
Oct. 26 Central Michigan Never Ben

Finding a Treating Doctor In Your Workers’ Compensation Case

By Workers Compensation

Workers’ compensation covers all reasonable and necessary medical treatment for an injury or illness that happens at work.  This includes doctors’ appointment, surgeries, Physical Therapy, medications and other treatments.  The doctor who treats your work injury will play a key role in your case by being the one who oversees all of your medical care and giving you opinions that will affect how much you receive in workers’ compensation benefits.  It is very important to find a treating doctor that you can trust.

In 2010, New York State promulgated medical treatment guidelines which provide detailed criteria doctors must follow in order to obtain treatment.  The attorneys and staff at Losi & Gangi are very well versed in working with your doctor to help Injured Workers obtain medical treatment in the most efficient matter.

Being able to choose a doctor usually falls under one of these categories (1) choosing a doctor from a list or medical Network provided by your employer, (2) you choose any authorized doctor or (3) your employer chooses the treating doctor for you.  Losi and Gangi can help you find a doctor who provides treatment under the New York state workers’ compensation law.

In many states, employers have the option of Contracting with a preferred-provider plan, not work, or Managed Care Organization to treat their employees work injuries.  This is a way for employers and insurance companies to reduce costs and control the medical care for workers’ compensation cases.  If your employer has a similar plan to this, you must use a treating doctor for their Network and follow their rules for getting care.  In New York State such a plan only lasts for a short period of time.

In New York you have the right to choose your own treating doctor as long as your employer doesn’t have her provider plan or Managed Care arrangement.  You will need to choose from a list of healthcare providers that the state is approved for treating workers’ comp injuries.  Your employer’s insurance company may limit your options if they have a preferred provider organization (PPO).  If this is the case, you must see a network physician for the first 30 days and may have a specific Pharmacy you have to use.  If you happen to change your treating doctor, the new doctor must be in the workers’ compensation boards list of authorized medical providers.  Your employer may transfer your medical care to a different doctor if the initial physician you choose isn’t authorized by the WCB to treat any workers comp injuries.

In other states, you first have to go to a treating doctor picked by your employer.  Some of these states only require you to see the company doctor for your initial visit or for a certain length of time.  Some workers worried that a company selected doctor may have a conflict of interest and might minimize the extent of their injuries.  If this is true, you may be able to switch doctors if you believe you aren’t getting an adequate care but must follow the rules in your state for changing workers’ compensation doctors.

Here are some tips you should consider while finding the right treating doctor:

  1. Consider their experience and understanding of your medical condition
  2. Willingness to accept the workers’ comp medical fee schedule
  3. Have knowledge of the workers’ comp claim process
  4. Willingness to support your workers’ comp claim with detailed reports and
  5. Availability for medical appointments

Losi & Gangi can help you with all considerations necessary to find the right treating doctor.

Bottom line – you should choose a doctor you can trust and feel comfortable around.  If you have questions call us today at 716-854-1446 and one of your experienced workers’ comp lawyers can explain the rules in New York state covering workers’ compensation and Medical Care.

How Filing For a Workers’ Comp Case Will Affect An Employer

By Workers Compensation

Workers’ compensation is insurance that provides cash or medical care benefits for workers who are injured or become ill as a direct result of their job. Employers must pay for this insurance, and may not require the employee to contribute to any cost necessary for  compensation. Weekly benefits such as monetary payments and medical care are given by the employer’s insurance carrier, as directed by the Workers’ Compensation Board, a state agency that processes the claims.

It is not enough to just have insurance as an employer. It is the employer’s responsibility to also provide immediate emergency medical treatment for employees who are injured on the job. They must complete a full report of the injury, with the injured worker’s review and mail it to the nearest workers’ compensation board office within a timely manner.

A claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the workers’ compensation law judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, he or she may be eligible for disability benefits in the meantime. Any payments made under the Disability Program, however, will be deducted from future workers’ compensation awards.

In a workers’ compensation case, neither party is determined to be “at fault”. The amount that a worker receives is not decreased by perceived carelessness, nor increased by an employer’s fault. Although workers’ compensation laws provide treatment to injured employees, they are also meant to protect employers, as they are designed to be the only remedy that injured employees may seek from their employers. One may find that an employer frowns upon employees who file workers’ compensation benefit claims, and some blatantly discriminate against such employees.

Most states prohibit employers from punishing, discriminating against, or discharging employees who exercise their rights under workers’ compensation laws, and allow employees to bring civil actions against their employers for the tort of “retaliatory discharge.”

It is of the business owners best interest to comply with the rules and regulations set forth by the Workers’ Compensation Board. Failure to do so could easily result in further fees, punishments or even lawsuits.

If you or someone you know has been injured at work or is dealing with a workers’ compensation case, call Losi & Gangi at 716-854-1446 and speak with one of our experienced attorneys.

This article has been adapted from information gathered from other sources including http://www.wcb.ny.gov/.

Losi & Gangi Teams Up With Bills, Sabres and Bandits for 2018 – 2019 Season

By Uncategorized

Losi & Gangi is extremely proud to continue our sponsorship with Pegula Sports Entertainment and WGR 550 AM for the 2018-2019 Buffalo Bills, Buffalo Sabres, and Buffalo Bandits season.

We hope to see you at the remaining Buffalo Sabres and Buffalo Bandits home games at Key Bank Center this season! Glance up to the jumbotrons throughout the games to see your favorite team of attorneys, dedicated to working hard for our hard working Western New Yorkers.  Losi & Gangi is featured in the customized TV broadcast program, Rayzor’s Edge, and Post Game – 3 Stars of the game during any televised Sabres game on MSG Networks. Our logo is displayed during all of the Buffalo Bandits home game replays in the 2019 lacrosse season.

Click here to see our branding in a clip of the Buffalo Bandits vs Georgia Swarm televised NLL game where Corey Small scores his 600th career point! Congratulations Corey!

Losi & Gangi Acquires Two Law Firms in Two Years Expanding Injured Workers Practice

By Personal Injury, Workers Compensation

Since its formation in 2000, the law firm of Losi & Gangi has seen steady growth in the areas of workers compensation and personal injury cases.  Led by managing partner Jeff Gangi, the firm has seen accelerated growth over the past two years with the acquisition or two long-standing workers compensation firms.  In 2017, Losi & Gangi acquired the law practice of Giles Manias. Manias has more than 30 years of experience as a workers compensation and personal injury attorney and remains of counsel at Losi & Gangi. 

In 2018, Losi & Gangi acquired the law firm of attorney Thomas Ansuini.  Ansuini’s firm also concentrated on workers compensation cases and is well-established in Western New York.  Ansuini remains of counsel at Losi & Gangi and active cases have been transitioned to Losi & Gangi.

Founded almost 20 years ago, Losi & Gangi Attorneys has represented injured workers in the practice areas of Workers Compensation and Personal Injury.  Losi & Gangi has been recognized as one of the top law firms in Western New York by Buffalo Business First.  The publication ranks law firms annually and the firm is honored to be included on this prestigious list. The firm includes 9 associate attorneys and three partners. In 2018, Losi & Gangi recovered more than $22 million dollars in settlements and verdicts for clients.

Losi & Gangi welcomes our new clients and they are encouraged to contact us with any questions they may have regarding their cases at (716) 854-1446.

Losi & Gangi Named a Top Law Firm in Western New York

By Uncategorized

Losi & Gangi has been recognized as one of the top law firms in Western New York by Buffalo Business First.  The publication ranks law firms annually and the firm is honored to be included on this prestigious list. Established in 2000, Losi & Gangi focuses on representing injured workers in worker’s compensation and personal injury matters.  The firm includes 9 associate attorneys and three partners.  In 2018, Losi & Gangi recovered more than $22 million dollars in settlements and verdicts for clients.

Car Accident Law and the Steps You Should Take Following a Car Accident

By Personal Injury

Car accident law refers to the legal rules that determine who is responsible for the personal and property damage resulting from a traffic collision.  This area of law includes the principles of negligence, as applied to this specific category of personal injury cases.  Like other cases in which negligence law applies, car accident litigation is governed almost entirely by state law.

Car accident victims in every state must prove the same basic four elements in order to recover compensation.  The four elements are duty, breach, causation and harm.  Drivers have a legal obligation to obey the rules of the road and to operate their vehicles in a reasonable matter.  This includes driving at safe speeds, maintaining control of your vehicle, being aware of your surroundings, observing traffic signals and patterns and using your blinkers and headlights when necessary.

The plaintiff will usually be required to offer evidence that the defendant breached duty.  Breach can be shown by direct evidence, such as eyewitness testimony, traffic surveillance video or an admission of fault.  The plaintiff may need to resort to circumstantial evidence, such as tire marks, damages to the vehicle, paint smudges and scratches or blood alcohol readings.

Even if the defendant had a duty to operate their vehicle and it is shown that the defendant breached that duty, the court will not assume that under those circumstances it was the cause of the plaintiff’s injuries.   The plaintiff must prove in their medical testimony, that their injuries were due to the crash and did not exist beforehand.

Lastly, the plaintiff must prove harm.  No matter how extreme the other driver’s conduct was behind the wheel, the plaintiff cannot bring a negligence lawsuit unless the conduct produced damage to the plaintiff themselves or their vehicle.  Near miss and close call cases will not qualify.  Once harm is shown, the plaintiff may be entitled for compensation for medical expenses, pain and suffering, lost wages from work and more.

Steps You Should Take Following a Car Accident

The first thing to do after the car accident is to remain silent about who is to blame for the incident.  Admitting fault is the most common mistake people make after they have been involved in an accident.  The rules of evidence do not allow out-of-court statements, otherwise known as hearsay but there is an acceptation for admissions. 

It is important to take photographs and notes of any statements made by the other driver who was involved in the accident.  Gather as much detailed information as possible such as the other drier’s name, address, license plate number, drivers license and insurance information.  Take a photo of any damage done to the car, the nearest buildings, street signs and the area where the accident happened.  If there was a witness present, get their contact information and descriptions of anything they saw.  Call the police to file an accident report.  Ask for a copy of the report for your records and write down the names of the police officers whom you spoke to.

If you are in pain, you should seek medical attention immediately.  This includes whiplash, which may not exhibit any symptoms at first but can flare up at a later date.  As a potential plaintiff in a negligence case, you do not want the other driver’s attorney to discredit the severity of your injuries if you didn’t seek medical treatment right away.

Contacting a personal injury attorney after your accident is critical in helping you get the compensation you deserve.  Call the attorneys at Losi-Gangi today at 716-854-1446 and we will schedule time to discuss your case. 

How to Handle a Construction Accident

By Uncategorized

About 1 in 10 construction site workers are injured every single year. Often times, this may result in lifelong pain and prevent you from continuing your trade. It is important that all construction workers are aware of the steps they need to take should they find themselves injured on a construction site.

Step 1: Seek Medical Attention

No matter how big or small you think your injury is, it is important to seek the proper medical attention immediately after the accident. Do not try to be a hero and wait until after your shift. If you are in pain, seek medical assistance or call 9-1-1 immediately.

Step 2: Preserve Evidence

Once your medical issues are resolved and documented, begin to compile your evidence of the incident. This includes documenting the names of all those involved and any bystanders that may have witnessed the accident. Make sure to take photos or videos of the site where the accident occurred. If you are too injured to go back to the site yourself, have someone else at the site take the photos for you.

Step 3: Notify Your Supervisor

Next, make sure your immediate supervisor knows about the incident. This will help them take the necessary precautions to make sure no other workers are injured on site.

Step Four: File Necessary Reports

If three or more workers are involved and hospitalized, the employer needs to report the incident to OSHA within 8 hours of the accident. They should be prepared to provide the business name, names of the employees affected, the location and time of incident, a brief description of the incident and a contact person with their phone number. Do not assume your employer filed out the report, contact them after the incident to make sure it is filled out. Call the OSHA 24-hour hotline at 1-800-321-6742, or report the accident online at the https://www.osha.gov/report.html.

Personally, you should report the accident to your company’s workers’ compensation insurance provider. While workers’ compensation insurance helps to protect employers from potential lawsuits, it is still possible for an injured employee to bring suit against the employer.

Step Five: Hire a Firm That Works Hard For Hard Working Workers

Through all steps, it is important that you receive the proper guidance and support. Whether you are unsure if you need additional evidence or are ready to start your claim contact us to make sure that you get the compensation you deserve.

We are here to help every step of the way. Call 716-854-1446 to speak with one of the attorneys at Losi & Gangi.

When Can I Receive Permanent Disability Benefits After a Workers’ Comp Claim?

By Workers Compensation

If you have become permanently disabled from a workplace injury, you may be able to receive permanent disability benefits. Before receiving these benefits, you will have go through lengthy legal and medical steps required by New York State to show that your medical condition isn’t likely to change and that it either prevents you from working at all or limits your ability to work and earn your former wages. If you have completely recovered from your injury, you will not be eligible for further indemnity benefits, but you remain eligible for medical treatment.

To qualify for any workers’ comp benefits you must show that you meet all of the basic eligibility requirements such as

• Your employer must have workers’ comp insurance

• You must be an eligible employee at that company

• You must have an injury or illness that’s covered by workers’ comp and is work related

• You must file a workers’ comp claim under the procedures and deadlines in New York State

• You must follow New York State’s rules for getting medical treatment from a workers’ comp treating doctor

To even be considered for permanent disability benefits, your workers’ comp treating doctor needs to prove that you’ve reached a plateau in your recovery. This means that your condition isn’t expected to improve any further with more treatment. This is known as maximum medical improvement (MMI).

It may take you a few months to a few years to reach MMI after you were first hurt on the job. The degree of severity of your injury will have the biggest impact on how long it takes. A broken bone will differ from exposure to toxic chemicals resulting in cancer or other occupational illness.Other factors such as the medical treatments available for your injury or if your insurance company has been dragging their feet on approving any procedures or surgeries may come into play.

Once your doctor has determined you’ve reached MMI, the process starts to determine whether you have any and if so, how much permanent disability. This is the time when you stop receiving temporarily disability payments if you have been out of work and they haven’t run out yet. Typically, your treating doctor will say whether you have a lasting medical condition or lost function otherwise known as an impairment, that resulted from your work-related injury or illness. An impairment can be anything from a bad back to a missing limb to a painkiller dependency from medication you had to take for your injury.

Your insurance company may request an independent medical examination (IME) to determine what your permanent impairments are.  States have different criteria for using the medical information about impairments to decide whether injured employees have permanent disabilities that affect their ability to perform certain tasks at work or to even work at all. The result of this process is called your “loss of wage earning capacity”, (LOWEC)  and is expressed in a percentage.

There are times you don’t have to prove that you can’t work at all in order to receive permanent disability benefits. If you lost your eyes or an appendage you may already be considered permanently disabled. If you have a combination of permanent impairments that add up to a 100% disability rating, you may also qualify for permanent disability benefits. If your disability rating is less than 100%, you may be able to receive some kind of  permanent partial disability benefits.

Once the Worker’s Compensation Board hears from a doctor that you have a permanent disability, they will begin the process of establishing your level of disability. If there is any sort of dispute,  whether it is over the amount of permanent disability to if you have any lasting impairments, you should contact a workers’ compensation lawyer as soon as possible. Since the process is complicated, insurance companies and their lawyers do everything in their power to keep their costs down by minimizing or denying permanent disability benefits. This is when you need an experienced attorney representing you and helping protect your rights.

Unfortunately, permanent disability benefits may not necessarily last the rest of your life. If you are classified  totally and permanently disabled, you’ll usually receive  lifetime  benefits,  but if you only have permanent partial disability you may be limited to how long the benefits will last. Whether your benefits are for partial or total permanent disability, you may be able to opt for a lump sum payment in a workers’ comp settlement. Losi & Gangi Attorneys are here to help answer any of your workers’ compensation  questions and ensure you are fairly represented in your worker’s compensation claim.. Give us a call today at 716-854-1446 and one of our attorneys will assist you in receiving the compensation you deserve.