Social Media has become part of our every day life.  Nearly everyone has an account on one of the many social media platforms.  We wake up and scroll through our feeds, check Twitter as our first news source and upload pictures of our meals, family and amazing sunsets we’ve seen. Sometimes we even press send before we have even had a minute to think about what we have posted!  Our phones are never more than 2 inches from our hands often times with our computers and tablets close by.  Social media is accessible at every month, date and time but did you know, nothing you post is ever really private? 

If you have recently been injured in an accident and are pursuing a personal injury claim, social media can be your worst enemy.  Shared posts, videos and photos on any social network may negatively impact your case.  You may think that sharing the details of your injury or accident is harmless but on the contrary, could have an adverse reaction.  If you are tagged in photos that document you out with friends or on vacation this could contradict your injury claim that you are unable to work. 

Photos that show that you are able to leave the house, dine out or go to the gym can also effect your injury claim.  Insurance companies can find these posts and use them against you.  This could result in a reduced settlement or to the extreme of no settlement at all.  The insurance company is trying to minimize your injuries and shift the blame to you for the accident so going to find evidence on your social media accounts isn’t out of the question.  When in doubt, stay silent online and don’t post!  If you must be on social media, try and limit your presence until your case is completely resolved. 

Every social media platform has their own privacy settings, where the user can limit who sees their profile and what they post.  Many people are unaware of these settings or realize that their profiles are public for all to view.  By changing your privacy settings, it can protect you from anyone looking at your page.  Even privately posted information on social media platforms can be used in a personal injury case.   When you adjust your privacy settings, don’t allow access to your pages by people outside of your own connections and do not allow your friends to share your posts and information.  After an accident or when you file your claim, avoid friending additional connections, as they could be representatives of the insurance company or opposing counsel.  Do not only rely on the privacy settings, cover yourself and don’t post anything.

It is your personal injury attorney’s job to accurately describe the extent of your injury including how the injury has had a negative impact in your daily routine and how the defendant and their actions caused the injury.  Any details about your injury that you post on social media could be mis represented and conflict with the story that your legal team is trying to present in court.  Sometimes witnesses will be called in to give testimony on your behalf and you wouldn’t want to contradict any information that they will be providing. 

The defense team will attempt to use your own words and photos against you if it contradicts what your legal counsel is claiming in court.  If your lawyer has claimed you have suffered physical injuries and mental distress from an auto accident and there are photos of you online contradicting your injuries (dancing, boating, skiing, etc.) your claim may be thrown out.  To protect your self and your personal injury case follow these steps:

• Tell your friends and family to avoid posting about your accident and injury
• Limit your social media presence until your case is resolved
• If you must post on social media, be aware of what you are posting before you share with the public
• Before posting, change your privacy settings to ensure that nobody outside of your connections can see your posts and photos
• Avoid friending or adding any new contacts that you don’t recognize
• Do not post any angry comments about the defendant or your case

If you have been recently injured and would like to speak to a lawyer, call the attorneys at Losi & Gangi at 716-854-1446 for a free consultation.  We achieve real results for our injured clients and make sure you are represented fairly in your case. 

Article Adapted from:  https://www.huffpost.com/entry/could-social-media-impact_b_9858366

You have recently been in a car accident.  Everything happened in a split second.  Was it a multi car pile up or did someone rear end you at a stop light?  After trying to piece apart everything that occurred how do you determine who was at fault?

Fault for causing an accident is either created by law or defined by common law.  Common law recognizes four basic levels of fault: 

• Negligence 
• Recklessness (wanton conduct)
• Intentional misconduct 
• Strict liability (regardless of fault) 

Negligence means careless or inadvertent conduct that results in harm or damage.  One can be negligent by failing to yield the right of way or actively doing something like running a stop sign.  

Reckless or wanton conduct is when there is a willful disregard for the safety and welfare of others.  Strict liability may be imposed, even in the absence of fault for accidents involving certain defective product or extra hazardous activities.  

Under common law, individuals who have caused a car accident have committed a tort, a private wrong against another.  If you have committed a tort you are referred to as a “tortfeasor”.  Many car insurance policies refer to people who are at least partly at fault for an accident. If the driver has engaged in intentional or reckless misconduct such as drunk driving there is no question who would be at fault.  When there has been a car accident it can be harder to determine who is at fault.  Sometimes more than one motorist may be found responsible in the case of an accident and multiple tortfeasors will become part of the case.  The state will have to determine who must pay for the damage to the property and individuals who were involved in the accident.   

Every state has different laws on how vehicles can operate on the road.  Many of these statues are versions of the common law while others are the result of legislative initiatives.  Any violation of these statutes may lead you to be considered negligent in the case of your accident or fault may be established by citing a statute that has been violated.  The easiest way to apply proximate cause for an automobile accident is to see whether the accident would or would have not have occurred if there were no violations in congruent with the accident.  

The police don’t always come to the scene of an accident but if they do they usually make an accident report especially if there was any sort of injury.  Make sure to get a copy of the accident report from the police officer after it is filed.  These reports are the observations that the police officer has made at the scene of the accident.  If any tickets were issued they will be documented in the report and it will contain evidence of any liability.  This report may be key evidence for your insurance company.  If there is an error in the police report, it can be fixed especially if there is a factual error.  If you feel the error has to do with who is at fault you should contact a personal injury attorney immediately to represent you in your case.  

State traffic laws, otherwise known as vehicle code are often put together in easier terms as rules of the road.  You can find these at your local DMV or online when you research vehicle codes.  Have the exact wording of the code so you can relay it to your insurance company.  When no fault car accident liability is involved the insurance company will try to settle immediately since the accident will be one driver’s fault.   

Rear end collisions are the most common type of car accident.  When a car hits you from behind it is almost never your fault even if you were stopped at a traffic light or stop sign.  According to basic driving rules, is that you are supposed to leave enough room in front of your car to stop if the car the car in front of you stops abruptly.  When the damage on the car is at the rear end of one and the front end of the other you will clearly be able to see who was at fault.  But what if the driver that rear ended you said someone pushed into them from behind causing the chain reaction? This doesn’t affect their liability for the damage done to your car.  Although usually the other driver is at fault, if you were negligent by having your brake lights on or a flat tire you could partially be at fault as well.  This is known as comparative negligence and could reduce your monetary compensation.  

Left turn collisions are almost always at fault of the driver who is making the left hand turn.  Cars coming straight into the intersection most always have the right of way.  If the car going straight through the intersection is speeding or runs a red light, this may shift some of the liability away from the car that is turning left.  If the car started to turn left while it was still safe but was forced to stop because of some unforeseen circumstance, the liability may be shifted.  

While most accidents can be resolved at the scene by exchanging insurance information sometimes injuries can show up at a later time.  If you have recently been in a car accident and have been injured call us today at 716-854-1446 and we can make sure you get fair representation in your case.  

Article adapted from: https://injury.findlaw.com/car-accidents/car-accident-liability-proving-fault-in-a-car-crash.html

“Slip and fall” is the term used in a personal injury case where a person slips or trips and is injured on someone else’s property.  This usually falls under a premises liability claim.  Slip and fall accidents usually occur on property owned or maintained by another person. The property owner may be held legally responsible in the case of your accident. Many dangerous conditions include poor lighting, a wet floor, changes in flooring and cracked public sidewalks.  A slip and fall cause might occur when someone slips and falls outside when there is ice, rain or snow or falls into a hidden pothole or drain hole.  

When a person gets injured in a slip and fall on someone else’s property, they must prove that the cause of the accident was a dangerous condition and that the owner knew of this condition previously.  A dangerous condition must present an unreasonable risk to a person on the property and it must have been a condition that the injured party should not have anticipated under the circumstances.  

In order to show that a property owner knew of a dangerous condition it must be proven that: 

• The owner created the condition 
• The owner knew the condition existed and negligently failed to fix it 
• The condition existed for a length of time that the owner should have found and corrected it prior to the slip and fall incident 

For the property owner to be held liable, it must have been foreseeable that his negligence would create the danger that is at question.  There must be a responsible party whose negligence caused the injury.  

To be legally responsible for the injuries someone suffered from slipping, or falling on someone else’s property, the owner of a store, restaurant or other business must have caused the spill, worn spot, or dangerous surface or item.  They should have known of the dangerous surface because a “reasonable” person would have repaired if upon discovery or on the opposite end, they knew about the dangerous surface but did nothing about it.  If a slip and fall happens on a commercial property, there are often a number of people and entities that may be held responsible for the injuries.  

In a residential property, landlords may be held liable to tenants or third parties for slip and fall injuries on rental properties.  To hold a landlord responsible for an injury the tenant must show that the landlord had control over the situation that caused the slip and fall, repairing the condition would not have been unreasonably expensive or difficult, a serious injury was the foreseeable consequence of not fixing the condition and the landlord’s failure to take reasonable steps to avoid an accident cause the tenant’s slip and fall injury.  

Special rules apply when a slip and fall injury occurs on a property owned by a local, state or federal government entity.  There are very specific and stringent notice requirements and broad immunity provisions that sometimes guard government objects from liability for injuries that occur on their property.  If you are injured on government property, call your attorney immediately so they can give you the proper information you may need for your lawsuit. 

Slip and fall accidents can be very pricey and if the fall was caused by another person or business, filing a lawsuit may be the only way you can recover medical expenses, loss wages and money for pain and suffering.  Call your attorney as soon as possible since there are time limits where you can file a personal injury lawsuit.  

What You Should Do Immediately After a Slip and Fall Accident? 

• Get medical attention as soon as possible – This is important because some symptoms do not show up right away after the accident.  By getting a thorough exam from a medical professional you will be able to have your diagnosis in writing for any future legal matters.  If you have a broken bone, cuts or any other type of wound that was caused by the slip and fall document 

• Inspect the area where you fell – Look around for the potential cause of the fall (weather conditions, uneven flooring or concrete, etc.) Write down what happened as soon as possible because it will help you in your case. 

• Identify witnesses – Write down names, addresses and phone numbers of anyone in the area where the incident occurs (those who saw you fall and others who were around after the incident).  Even if someone did not see you fall, they might be able to describe your pain and the conditions of the floor, lighting, etc. after you fell. 

• Follow necessary procedure – If the incident happened in a store or place of business you may need to fill out an accident report or notify a manager.  Make sure the store and manager knows about your accident immediately.  If anyone employed by the store makes a comment saying that your accident did not happen in the store or suggesting that this occurred before, take notes especially the name of person of who made the comment.  

• Take photos as soon as possible – Try to take pictures of the scene immediately after the accident especially if conditions start to change.  If you do not get photos, you may be at the mercy of the property owner’s version of how they thought the slip and fall accident occurred.  Even if the condition that caused your fall is permanent or semi permanent (ice on the sidewalk, cracks in the concrete) take photos of the area as soon as possible to that you have a record.  

• Stay at the scene to fill out an accident report and keep talk to a minimum especially about how the fall happened. 

After you submit your slip and fall claim, an attorney or insurance adjusters from the property owner or responsible party may approach you.  Be careful what you say especially since these people work for the opposing party and their insurance companies and they will pay you as little as possible in your case.  Don’t make simple mistakes by saying too much.  

Speak with an attorney as soon as possible.  They will know how to handle the insurance companies and the other party’s lawyers.  The attorneys at Losi & Gangi are experienced in slip and fall injury on property cases.  Call for a free for a free consultation and review of your case at 716-854-1446. 

Article adapted from:  https://injury.findlaw.com/torts-and-personal-injuries/slip-and-fall-accidents-overview.html

https://accident-law.freeadvice.com/accident-law/slips_falls/fall_what_to_do.htm

Even though the safety features in vehicles has become more advanced over the past few years, there were still over 2 million people injured on the US roadways in 2019.  Over 140,000 people were treated in hospital emergency rooms for injuries stemming from car accidents.  Car accidents often happen in a split second and there are a lot of factors that need to be put  into place after it occurs.  By knowing what to do and who to contact can help you build your case for a personal injury claim.  Here are 10 steps you can follow after you have been in a car accident:

Step 1 – Stop, Check for Injuries and Call 911

New York law requires drivers that are involved in an accident to immediately stop at the scene or as close as possible to see if anyone has been injured.  Call 911 and report the accident to the police.  The 911 dispatcher needs specific information to determine whether police, paramedics or tow trucks will need to arrive on the scene.  The dispatcher will need to know the location of the accident, read nearby street signs, give landmarks and describe what the scene looks like.  If anyone is complaining of pain, discomfort or is noticeably injured or if the accident is blocking traffic an ambulance and police will be sent. 

You are required to give the other driver your name and address, vehicle registration, drivers license information, insurance and license plate number.  If you are the one injured in the car accident do not refuse medical assistance.  Let the EMTs examine you and decide if you should go to the hospital for further tests and observation.  Seeking prompt medical attention after the accident can be crucial to the success of your personal injury claim.  The longer you wait to seek medical attention the greater the chance the insurance company will deny your claim.  If you have been injured and are physically unable to immediately contact the police you can wait until you are able to report the accident.  New York State does not require drivers involved in car accidents to assist those who may be injured.  Anyone who “voluntarily and without expectation of monetary compensation” gives first aid to the injured victim under the Good Samaritan law will not be held liable for the help given. 

If you hit an animal or a car that was unattended you should report the accident to the police.  For the unattended car, even though it is not required by law, you should leave a note with your name and contact information and a brief description of how the accident occurred.  If the animal was a dog or cat see if the animal is ok or needs help and try and locate the owner.  If the car accident resulted in injuries to any person or damage to property is $1,000 or more, you must file a report with the NYS Department of Motor Vehicles within 10 days.  If the police came to the scene of the accident, they are required to file an accident report.  To obtain a copy of a police report, contact the local police precinct who investigated the accident. 

Step 2 – Preserve Evidence from the Accident Scene

The actions you take in the minutes following an accident are crucial for developing your vehicle damage and personal injury claim.  This damage can include: car repairs, medical bills including X-rays and MRIs, out of pocket expenses for prescriptions, wheelchairs and costs of travel to treatment, lost wages and pain and suffering.  Take photos if you have a phone or camera available.  This will help determine who was at fault if intoxication was involved and will capture potholes, road obstructions and street signs that were nearby.  Get the registration information, VIN number and make, model, year and license plate number of the other vehicle.  Record the weather conditions and time of day the accident occurred and ask the other driver for their license number, and contact information.  If a witness is present and willing to talk record their statement and make sure they sign off on the information they are giving with their name, address and signature. 

Step 3 – The Role of Police at Accident Scenes

When police arrive at the accident scene they have several different tasks they need to take care of:

• Arrange care for the insured
• Secure the accident scene with flares, pylons, tape, etc.
• Search for physical evidence, including skid marks, obstructions, debris in the road, etc.
• Question drivers, passengers and witnesses to get information about the accident
• Conduct field sobriety tests
• Run warrant checks
• Issue traffic tickets
• Give drivers a “case” or “service number” so they can obtain the police report

Wait until the officer is done investigating the accident to speak to them. If the officer is asking you to identify yourself and provide information you must comply but if you are being questioned about the possession of drugs or any other criminal activity, you have the right to remain silent.  If the police officer decides that you violate New York’s traffic laws, you may be issued a traffic ticket.  By signing the ticket it becomes an agreement that you will appear in court at a later date, not necessarily that you are guilty.  At this time you may enter a plea of not guilty to challenge the ticket. 

Step 4 – Call Your Insurance Company and Report the Accident

Call your insurance company as soon as you are able to.  They will open an investigation and a claims adjuster will contact you.  Most insurance policies have a Cooperation and Notice of Occurrence clause that refers to the contractual obligations between the driver, the insured, and the insurance company, the insurer.  This clause requires the insured to notify the insurers of the accident, regardless of fault and to cooperate throughout the investigation.  You should contact your insurance company even if the accident wasn’t your fault.  This is an important step because the other driver might tell their insurance company that you were the one at fault when in fact they caused the accident.  The investigation may show the other driver is fully or partially at fault for the accident due to texting, speeding or engaging in some other form of negligent behavior. 

Even if no one was injured you should still report the accident to your insurance company.  Some injuries such as neck or back pain can take hours or days to appear when you originally thought that you were fine.  The other driver may not have car insurance and that can affect your outcome.  Get as much information from them as possible and let the insurance companies handle your claim.  Sometimes at the scene of the accident, the other driver or passengers may say that they are not injured but at a later date they will file false claims saying they have whiplash to receive compensation from the accident. 

When the car accident is reported to your insurance company, a claim number will be assigned.  Make sure you keep this claim number handy because you will need it throughout the process.  You are not required to give a recorded statement to the claims adjuster but once you do what you say becomes permanent even if you later change your mind about what happened at the accident scene. 

Step 5 – New York’s No-Fault Insurance Law

New York State relies on a no-fault car insurance system also known as Personal Injury Protection (PPI) coverage.  No-fault is designed to cover medical bills, out of pocket expenses and lost wages if you get into an accident.  PIP does not give compensation for pain and suffering.  PIP covers bodily injury expenses regardless of who caused the accident.  This means you don’t have to sue the other party’s insurance company, just contact your own carrier and file a clim. 

You can pursue your injury claim against the at-fault driver and their insurance company if you are seriously injured.  A serious injury happens when your medical expenses exceed $50,000 and can include death, loss of a fetus, bone fracture, permanent loss of the use of a body organ and a medically determined injury or impairment that is not permanent but keeps you from performing your normal routine for at least 90 days.  If you have been seriously injured in the car accident, file a personal injury claim with your own insurance company (first party claim), file a personal injury claim with the at fault driver’s insurance company (third party claim) and file a lawsuit against the at fault driver. 

Step 6 – New York Auto Insurance Requirements

The minimum auto insurance liability coverage required by New York law is

• $25,000 for bodily injury and $50,000 for death of one person in one accident
• $50,000 for body injury and $100,000 for death of two or more people in one accident
• $10,000 for property damage in one accident

New York required no fault of at least $50,000 to pay medical expenses, lost earnings and other necessary expenses within a reasonable doubt related to injuries suffered in an auto accident.  Auto insurance policies issued in New York State must also provide uninsured motorist coverage for bodily injuries in an amount equal to the policy’s liability limits for bodily injury coverage. 

Step 7 – New York’s Pre Comparative Negligence Law

Pure comparative negligence law occurs when an accident that occurred in New York State results in injury damages that exceed the no fault requirements.  The victim in an accident can still seek compensation from the negligent driver even if the victim shared some responsibility for the accident.  The amount of compensation the victim receives will be lessened by the percentage of their own contributing negligence to the accident. 

Step 8 – Retain an Attorney or Represent Yourself

Some personal injury claims can be handled without legal representation while others require an attorney.  Two types of injuries that occur from car accidents are soft tissue and hard injuries.  Soft tissue injuries include strains and sprains to tendons or muscles, minor bruises, first degree burns and whiplash.  Soft tissue injuries usually don’t result in substantial medical bills and since they don’t involve complex issues of law, a victim can usually negotiate their own injury claim with the insurance company.  Hard injuries are more series and include head trauma, fractures, gashes that require stitches and other injuries that require extensive medical care.  Hard injury claims often require filing a lawsuit. Compensation for a serious injury claim can be substantial and by representing yourself, you won’t be as effective as an experienced personal injury attorney. 

Step 9 – When to Consider Filing a Small Claims Court Lawsuit

If you are unable to settle your injury claim, you may want to file a lawsuit in Small Claims Court.  Small claims can be filed in city courts that may not exceed $5,000 and under $3,000 in town or village court.  Here is why you should file in small claims court:

• The at fault driver was uninsured or under insured
• Your car or other personal property was damaged and the cost to repair it is under the small claims limit
• The insurance company refuses to offer fair compensation in the settlement
• The insurance company denies your claim
• You can’t find an attorney who will accept your case 

Step 10 – Know the Statute of Limitations

Whether you handle your own personal injury claim or have an attorney represent you, New York’s Statute of Limitations will apply.  A Statute of Limitations is the time period in which you have to either settle your claim or file a lawsuit.  If the statute of limitations expires (3 years) you forever lose your legal right to pursue compensation from the at fault driver or their insurance company.  If the statute of limitations is about to expire and you haven’t settled your claim, you must file a lawsuit to stop the statute from running out.  This makes your case exempt from the statute of limitations expiration date. 

The injuries that occur from a car accident could mean life long pain and suffering.  If you were recently involved in a car accident and need legal representation call Losi & Gangi at 716-854-1446.  We will represent you throughout every step of your case and make sure you get the compensation that you deserve. 

Article adapted from: https://www.injuryclaimcoach.com/new-york-car-accident-guide.html

Personal Injury Protection (PIP) provides medical related benefits for injuries that drivers and passengers receive as a result of a car accident, regardless of who is at fault.  New York is a no-fault insurance state, so all motorists are legally required to carry Personal Injury Protection.   

What does personal injury protection cover? 

Personal Injury covers three main things

• Medical costs
• Financial losses
• Death

Personal Injury Protection will cover all most injuries that are sustained in a car accident including:

• Emergency Room visits
• Doctors visits
• Surgeries
• Medical supplies (wheelchairs, walkers, crutches, canes, etc.)
• Diagnostic testing (CT Scans, MRI, Xrays)
• Ambulance transfers
• Physical therapy
• Dental treatments

If a driver or passenger of the vehicle is unable to work as a result of the injuries that occurred in the collision, PIP will cover economic losses.  It will cover 80% off the monthly earnings that are lost or up to $2,000 per month which ever amount calculates out to less.  The total amount will be paid for a period of three years or less after the accident happened. 

You will also receive $25 a day if you are unable to attend to daily chores as a result of the injuries that were sustained in an accident (unable to do laundry, clean the house, grocery shopping) and have to pay someone else to do these for you, you will receive compensation under PIP.  If a driver or passenger ends up passing away during the accident, PIP will issue up to $2,000 to assist with the cost of a funeral and burial.  If you wish to have financial protection, you can purchase additional Personal Injury Protection.  This will increase your limits but also increase your premiums.

The cost of Personal Injury Protection varies in the state of New York similar to your type of insurance coverage.  The cost of PIP is determined by your age, driving record, type of vehicle and where you reside. 

New York State provides some of the highest minimum limits on PIP in the country.  But should you purchase additional coverage? The cost of medical expenses that are associated with a motor vehicle accident may be greater than the limits under Personal Injury Protection.  If you have good health insurance coverage, additional PIP may not be necessary to purchase but if your health insurance is not great, additional PIP may be worth the investment.  There is also the option of purchasing Optional Basic Economic Loss coverage (OBEL).  This provides you will an extra $25,000 in benefits that can be put towards lost wages and medical expenses.  Depending on the extent of your injuries and how long you will be out of work as a result of these injuries, OBEL might be something you should consider.  Since your wages lost benefits are only covered up to $50,000, if you will be disabled longer or experience a sizable reduction in your monthly wages with basic PIP coverage it would be beneficial to purchase OBEL coverage. 

In New York State, you will have 45 days after the date of the start of your medical treatment to file for repayment.  You will need to show proof of your treatment from the medical doctors who are treating you and be submitted by your insurance company.  It should be documented that the injuries were caused by an accident, the extent of the injuries and the type of treatment you are receiving.  You will have 90 days to file a claim in New York State for lost wages and submit written proof of your lost wages.  Once you file a claim, your insurance company will have 30 days to reimburse you from the date your forms were received. 

The attorneys at Losi & Gangi want to ensure that all drivers are protected by insurance and stay safe while they are on the road.  If you are interested in learning more about Personal Injury Protection or have recently been involved in an auto accident call us today at 716-854-1446 and one of our attorneys can explain what your insurance will cover.

Article adapted from: https://www.newyorkmotorinsurance.com/blog/personal-injury-protection-in-new-york-state/