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The Role of Expert Witnesses in Personal Injury Cases

By Personal Injury

In personal injury cases, having the right evidence can make all the difference between success and failure. While physical evidence, documents, and testimony from witnesses are crucial, expert witnesses play an equally vital role in strengthening a case. They bring specialized knowledge and experience that can help clarify complex issues, provide professional opinions, and support claims in ways that laypeople simply cannot. Let’s dive into the crucial role expert witnesses play in personal injury cases and how they can contribute to a favorable outcome.

What is an Expert Witness?

An expert witness is someone who has specialized knowledge, skills, or experience in a particular field that is relevant to a case. Unlike regular witnesses, who testify about what they saw or heard, expert witnesses offer opinions based on their expertise. They can help explain technical or medical issues in simple terms for judges and juries, making complex topics more understandable.

In personal injury cases, expert witnesses may come from a variety of fields, such as medicine, engineering, accident reconstruction, and vocational rehabilitation. Each expert helps to clarify different aspects of the case, from the extent of an injury to the cause of an accident.

Types of Expert Witnesses in Personal Injury Cases

  1. Medical Experts
    Medical experts are among the most common expert witnesses in personal injury cases. They may be doctors, surgeons, or specialists who can testify about the severity of an injury, the expected recovery time, and the long-term impact of the injury. These experts can also explain how the injury occurred, what treatments are necessary, and how the injury might affect the victim’s future quality of life. Their testimony is vital when determining compensation for medical expenses, pain, and suffering.
  2. Accident Reconstruction Experts
    In cases involving motor vehicle accidents or other accidents with unclear causes, accident reconstruction experts can provide valuable insight. These professionals use physics, engineering, and specialized tools to reconstruct how an accident happened. They can explain how factors like speed, road conditions, or driver behavior contributed to the incident. Their testimony can help clarify liability and establish fault.
  3. Vocational Experts
    When a personal injury leads to a loss of earning potential or affects a person’s ability to work, vocational experts can assess the economic impact. They evaluate how the injury may have changed the person’s career prospects, earning capacity, and the need for retraining or job modifications. This type of testimony is crucial when determining compensation for future lost wages.
  4. Life Care Planners
    In cases involving catastrophic injuries that require long-term care, life care planners play an essential role. These experts assess the future medical, psychological, and personal care needs of the injured party. They help predict the costs of ongoing treatment, modifications to living spaces, and other long-term care requirements, ensuring that the victim’s future needs are met in the settlement or verdict.
  5. Psychological Experts
    Injuries don’t only affect the body, they can also have lasting psychological effects. Psychological experts, such as psychiatrists or psychologists, can provide testimony regarding the emotional and mental toll an injury has taken on the victim. They may discuss conditions like depression, anxiety, PTSD, or loss of enjoyment of life, which are often part of personal injury claims.

How Expert Witnesses Strengthen Your Case

  1. Clarifying Complex Issues
    Personal injury cases often involve complex medical, technical, or scientific concepts that can be difficult for a jury to understand. Expert witnesses simplify these issues, breaking down complicated information in a way that makes sense to everyone involved. Their testimony can transform abstract concepts into clear, digestible evidence that supports your case.
  2. Establishing Credibility
    Expert witnesses lend credibility to your claims by providing professional, unbiased opinions. A well-respected expert in their field can elevate the legitimacy of your case and make it harder for the defense to undermine your arguments. When an expert witness testifies, it shows that your case is grounded in facts and expert analysis, not just speculation.
  3. Supporting Damages Calculations
    Personal injury cases often involve claims for damages such as medical costs, lost wages, and pain and suffering. Expert witnesses provide the necessary evidence to quantify these damages. Whether it’s calculating the long-term cost of medical care or estimating future lost earnings, their testimony ensures that the compensation you seek is based on realistic projections.
  4. Establishing Causation
    In many personal injury cases, the defendant may dispute the cause of the injury or the extent of the damages. Expert witnesses can help establish a direct link between the defendant’s actions (or negligence) and the injuries sustained by the plaintiff. Their testimony can clarify how an accident occurred or how a medical condition is directly tied to the injury.

Why You Need an Expert Witness in Your Personal Injury Case

Having expert witnesses in your personal injury case can be the key to obtaining a fair and just settlement or verdict. Their testimony strengthens your arguments, helps you demonstrate the full extent of the damages, and provides insight into complicated issues. At Losi & Gangi, we understand how important expert testimony is in ensuring that your voice is heard and your rights are protected. If you’re pursuing a personal injury claim, we can help you connect with the right experts to back up your case and give you the best chance for success.

Understanding the Impact of Pre-Existing Conditions on Injury Claims

By Personal Injury

When you’re injured in an accident, the physical and emotional toll can be overwhelming. If you have a pre-existing condition, such as a prior injury, chronic illness, or previous surgery, you may wonder how it could affect your injury claim. At Losi & Gangi, we understand that navigating the complexities of workers’ compensation and personal injury claims can be challenging, especially when dealing with pre-existing conditions. Here’s what you need to know.

What Are Pre-Existing Conditions?

A pre-existing condition is any health issue or injury that existed before the accident in question. This could include:

  • Previous injuries (e.g., a prior car accident, fall, or workplace injury)
  • Chronic conditions (e.g., arthritis, diabetes, heart disease)
  • Surgeries or medical treatments (e.g., knee replacement, back surgery)
  • Mental health conditions (e.g., depression, anxiety, PTSD)

These conditions are important because they may interact with the new injury and influence the course of treatment and the claim.

How Pre-Existing Conditions Affect Injury Claims

  1. Impact on Recovery A pre-existing condition can impact how you recover from a new injury. For instance, if you have a previous back injury, a new work-related injury could exacerbate your symptoms, prolong recovery, or make you more susceptible to further damage. Insurance companies and defense attorneys may argue that your pre-existing condition is responsible for some or all of your symptoms, rather than the new injury.
  2. The “Aggravation” Rule If an accident aggravates or worsens an existing condition, you may still be entitled to compensation. In many states, workers’ compensation laws allow for claims based on the aggravation of a pre-existing condition, even if the injury was not solely caused by the accident. For example, if you hurt your back while lifting at work, but you had a previous back injury, you can claim compensation for the added damage caused by the new injury.
  3. Insurance Company Tactics Insurance companies may try to reduce the value of your claim by attributing your symptoms to a pre-existing condition rather than the accident. This can be a tricky and frustrating part of the claims process. They may ask for extensive medical records, attempt to prove that your injury is not as severe as claimed, or argue that your pre-existing condition is the main cause of your pain.
  4. Medical Documentation is Key One of the most important aspects of handling a claim with a pre-existing condition is clear and thorough medical documentation. A strong case will involve demonstrating how the new injury was caused or aggravated by the accident. Your treating physician should document the connection between the new injury and the pre-existing condition, showing how the accident made your condition worse. This can strengthen your case and counter any arguments from insurance companies.

Tips for Managing Your Injury Claim with a Pre-Existing Condition

  1. Consult an Experienced Attorney If you have a pre-existing condition and have been injured, it’s essential to work with an experienced personal injury or workers’ compensation lawyer. At Losi & Gangi, we can help you navigate the complex process of proving that your current injury is related to the accident, not just a flare-up of a pre-existing condition.
  2. Keep Detailed Medical Records Your medical history is vital in these cases. Be sure to keep records of any treatment for both your pre-existing condition and the current injury. This documentation helps your attorney build a case that clearly differentiates the two and shows how the accident affected your health.
  3. Don’t Settle Too Quickly It can be tempting to settle your claim quickly, especially if you’re facing medical bills and lost wages. However, settling too soon could result in a lower payout, especially if you haven’t fully understood how your pre-existing condition is interacting with your current injury. Consult with an attorney before agreeing to any settlement.
  4. Understand Your Rights Even with a pre-existing condition, you have the right to compensation if you’re injured at work or in an accident. It’s important to understand that just because you had a prior injury or condition does not mean you are not entitled to full compensation for the new injury. A legal professional can help ensure you receive the benefits you deserve.

While pre-existing conditions can complicate injury claims, they do not eliminate your right to compensation. If your current injury is related to an accident or aggravated by an incident at work, you may still be entitled to benefits. At Losi & Gangi, we have experience helping clients with pre-existing conditions successfully navigate personal injury and workers’ compensation claims. If you have questions or need assistance, don’t hesitate to contact us for a consultation.

Remember: You don’t have to face this process alone. Let us help you get the compensation you deserve, no matter your medical history.

The Role of Social Media in Personal Injury & Workers’ Compensation Cases: What You Need to Know

By Personal Injury

In today’s digital age, social media has become an integral part of our lives. From sharing personal updates to connecting with friends and family, platforms like Facebook, Instagram, and Twitter shape how we communicate. However, social media also plays a significant role in personal injury cases, often influencing the outcome in ways you might not expect. Here’s what you need to know about the impact of social media on personal injury claims.

1. Evidence Collection

Social media can serve as a treasure trove of evidence in personal injury cases. Insurance companies and opposing counsel may scour your profiles for any posts, photos, or comments that could be used to dispute your claims. For instance, a seemingly innocent photo of you engaging in activities shortly after an accident could be used to challenge the severity of your injuries.

2. Inconsistencies in Your Story

Inconsistencies between what you post on social media and what you tell your attorney can jeopardize your case. If you claim to be unable to participate in certain activities due to your injuries but post photos of yourself doing just that, it can weaken your credibility. It’s crucial to maintain consistency in your narrative, both online and offline.

3. Privacy Settings Matter

Many people assume that setting their social media accounts to private will keep their information safe. While this can help to some extent, it’s important to remember that anything you post could still be accessible through legal discovery processes. Be cautious about what you share, and consider limiting your social media activity during your case.

4. Understanding the Risks of Sharing

While sharing updates about your recovery can be therapeutic, it’s essential to consider the potential legal ramifications. Avoid posting about your case, discussing your injuries in detail, or making any statements that could be interpreted as an admission of fault or negligence.

5. The Importance of Digital Footprint Management

As a personal injury victim, managing your digital footprint is critical. Before filing a claim, it’s wise to conduct a thorough review of your social media accounts. Remove any posts or photos that could be misconstrued, and consider taking a temporary break from social media until your case is resolved.

6. Potential for Positive Outcomes

On the flip side, social media can also be leveraged positively in personal injury cases. Supportive comments from friends and family, updates on your recovery, and posts highlighting your struggles can help humanize your situation and demonstrate the impact of the injury on your daily life. Sharing your story can evoke empathy and provide a more comprehensive understanding of your circumstances.

7. Consult with Your Attorney

Ultimately, the best course of action when it comes to social media and your personal injury case is to consult with your attorney. They can provide specific guidance on how to handle your online presence throughout the legal process. Follow their advice closely to ensure that your social media activity doesn’t unintentionally harm your case.

Social media is a double-edged sword in personal injury cases. While it can provide valuable evidence, it can also undermine your claims if not handled carefully. Being mindful of your online presence, maintaining consistency in your story, and consulting with your attorney can help safeguard your case. Stay informed, stay cautious, and protect your rights.

Navigating Legal Waters: Key Considerations for Slip and Fall Accidents

By News, Personal Injury

Slip and fall accidents are more than just an inconvenience; they can lead to serious injuries and legal complexities. Whether you’re a property owner, a victim, or simply interested in understanding your rights, it’s crucial to grasp the legal framework surrounding these incidents. Here’s a comprehensive guide to navigating the legal considerations for slip and fall accidents.

Understanding Liability:

Determining liability in slip and fall cases often hinges on proving negligence. Property owners have a duty to maintain safe conditions for visitors. Factors considered include:

  • Ownership and Control: Who owns or manages the property where the accident occurred? This determines the party responsible for upkeep and safety.
  • Negligence: Did the property owner or occupier fail to take reasonable steps to prevent the accident? This might involve inadequate maintenance, failure to warn of hazards, or disregarding safety regulations.

Key Legal Concepts:

  • Comparative Negligence: In some jurisdictions, if the victim is partially responsible for the accident (e.g., not paying attention to obvious dangers), their compensation may be reduced proportionally.
  • Statute of Limitations: There’s a limited timeframe within which a victim can file a lawsuit after the accident. It varies by jurisdiction, typically ranging from one to six years.

Documenting the Incident:

  • Medical Records: Promptly seeking medical attention is crucial for both health and legal purposes. Detailed records of injuries sustained due to the fall strengthen your case.
  • Witness Statements and Evidence: Statements from witnesses and physical evidence (e.g., photographs of the hazard) can substantiate your claim.

Steps to Take:

  • Report the Incident: Inform the property owner or manager immediately. Request a written report and keep a copy for your records.
  • Consult Legal Counsel: A personal injury attorney specializing in slip and fall accidents can provide invaluable guidance. They’ll assess your case, negotiate on your behalf, and represent you in court if necessary.

Prevention and Awareness:

For property owners and managers:

  • Regular Inspections: Implement routine inspections and maintenance to identify and address hazards promptly.
  • Clear Communication: Display warning signs for potential hazards like wet floors or uneven surfaces.

Navigating the aftermath of a slip and fall accident involves understanding legal nuances, gathering evidence, and possibly seeking legal representation. Whether you’re a victim or a property owner, awareness of your rights and responsibilities is essential.

At Losi & Gangi, we understand the complexities of slip and fall cases. Our experienced team is dedicated to helping you navigate the legal process and secure fair compensation. Contact us today to learn more about your options and how we can assist you.

Remember, being informed and proactive can make a significant difference in the outcome of such incidents. Stay safe and informed!

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.

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

First Five Steps to Take After a Motor Vehicle Accident

By Personal Injury

Motor vehicle accidents happen in a split second and leave people feeling in a state of shock. It is important to act fast and know what steps to take immediately after a crash. This will not only ensure the safety of everyone involved in the crash, but it can also make a big impact on your legal case. Follow these five critical steps below.

1. Make Sure Everyone is Safe 

The very first thing you should do is check to make sure if anyone was hurt. If anyone suffered injuries and is in need of medical assistance, call 911 immediately. Next, it is important to make sure to pull your car over to the side of the road. If the accident happened in a busy area or during rush hour traffic, it is very likely additional accidents can occur. It is also in your best interest to turn on your hazards to alert the other drivers of the scene.

2. Contact the Police

Contact law enforcement and inform them of the scene. Police can create a report of the accident, which you can request a copy of for insurance purposes. 

3. Assess the Scene and Exchange Information

Exchange contact and auto information with the other drivers involved in the accident. The following items should be collected or insurance claims:

  • Name and contact information
  • Insurance company and policy number
  • Driver’s license and license plate number
  • Type, color, and model of vehicle
  • Location of accident

In addition, be sure to take pictures of the scene. You do not have to be a professional photographer, but there are some things you will want to keep in mind while snapping photos. Below are 5 tips for taking photos of the scene of the accident: 

  • Take photos on your own phone – This way, you know you have documentation and don’t need to worry about other people sending you over the photos. 
  • Take pictures from multiple angles – Capture all sides of the cars involved in the accident. Be sure your photos capture all corners of each car.
  • Take pictures of your injuries – If you are able to, take photos of any injuries you may have sustained from the crash. This will come in handy later on if you plan on filing a personal injury claim
  • Take pictures of car interior – If the interior of your car faced any damages, such as deployed airbags or shattered windshield, take photos of this as well. 
  • Take photos of the surrounding area – Take photos of the street where the accident occurred – including any traffic signals, street signs, etc. Also, if there were any contributing factors that lead to the accident such as potholes or road construction, be sure to take photos of this as well. 

After you finish taking photos of the scene, you should also try to get pictures of the following three items:

  • License Plates – Take photos of every license plate involved in the accident. 
  • Insurance Documents – Ask permission of the other driver to take a photo of their insurance card. If they agree, make sure to capture the company and the policy number. 
  • Police Report –  If police come to the scene and write a crash report, snap a picture of this. This can help speed up the process with your insurance company. 

4. Contact your Insurance Company

Contact your insurance company as soon as possible after an accident. It is important you collect the information listed above. Insurance companies will specifically be looking for details of the accident such as whether or not a police report was filed, if there were witnesses, and any other information that is relevant to the accident. 

5. File a Personal Injury Claim

The injuries you suffer from a car accident can result long pain and suffering. Losi & Gangi Attorneys treat every individual case with the specific attention all personal injury cases deserve, and with unique care tailored to its needs. Our attorneys are experienced professionals who are dedicated to the needs of our clients. If you suffered an injury, we can help you through this process from the start of your case until you receive your settlement. To learn more about Personal Injury and get started with a free consultation, click here.

If you have been hurt in a motor vehicle accident, do not hesitate to get the workers compensation you are entitled to and 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. 

Article adapted from: https://www.forbes.com/advisor/car-insurance/what-to-do-after-accident/

Guide to Filing a Personal Injury Claim

By Personal Injury

Once you have been involved in an accident that you weren’t at fault for, you are legally entitled to file a personal injury claim to seek compensation for the pain and suffering you endured. The process of seeking a settlement is complicated, which is why having a personal injury attorney on your side is in your best interest. Our attorneys at Losi and Gangi are highly skilled, and will help get you the compensation you are entitled to and deserve. Follow along for a step-by-step guide on what to do when filing a personal injury claim. 

1. Seek Medical Care

Your health and safety is the number one priority. It’s important to seek medical attention immediately after you have been involved in an accident. Even if you think the injuries you suffered are not significant, it is still important you get examined. There is a possibility that you may have internal injuries.

Be sure to listen to your doctor and follow along with the treatment they recommend for you. Regular checkups are a good idea to make sure that your injury is healing properly. Also, do not throw away any medical documents – these may serve as a benefit to you later on when filing your personal injury case. 

2. Prepare Evidence

For any legitimate case filed, there’s always a need to prove the liability or negligence of the party liable for the accident. Start by gathering any evidence connected to the incident that caused your injury. Make sure you are storing these in a safe space where you will not lose them. Invoices for your treatments, medical records, therapy, and all relevant documents will help make a stronger case. Another effective way to prove evidence is through photos and videos. If possible, snap some photos or videos of the injury you sustained. This will help better illustrate and depict the damages you suffered.

3. Stay off Social Media

By posting one photo on social media, you can ruin your entire case. Posting a photo of yourself enjoying vacation when you are in the process of filing a personal injury case comes across as suspicious. Even if the photo was taken from awhile ago, the opponent will find ways to use it against you. It’s best to keep a low profile and avoid posting for awhile until things are settled. 

4. Contact a Personal Injury Attorney 

As mentioned earlier, a personal injury attorney will increase your chances of getting the compensation you deserve. You need highly skilled lawyers on your side to make a stronger case and to avoid manipulation from insurance adjusters. 

Our experienced personal injury attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. If you have recently suffered a personal injury, please contact Losi and Gangi at 716-854-1446 for a free consultation.

Article Adapted from: https://www.legalreader.com/how-to-make-the-most-out-of-a-personal-injury-claim/  

Who is at Fault in a Car vs. Bike Collision?

By Personal Injury

After a long winter, the snow is finally melting and things are looking brighter. We have waited a very long time to be able to enjoy some warmer weather. You may notice more people are out taking walks or choosing to ride their bike to get to their destinations. With more people and bicyclists on the road, more safety precautions is crucial.

In the event of an accident, the following question, “Who is at fault when bikes and vehicles collide?” Is complicated. 

It seems like an obvious answer that the car is at fault in a bicycle-versus-car accident. Cars are bigger, stronger, and much more forceful. A car can seriously injure someone who is riding on their bicycle with no protection around them.

Yet, cars and motor vehicles are not always to blame. Bicyclists happen to be at fault for collisions more often than one would think. A common cause for bicyclists creating accidents is they don’t always follow the rules of the road. By law, bicyclists must follow the same rules of the road as other vehicle operators. This means, they must yield to pedestrians, obey all traffic signals, and avoid unsafe lane changes. 

Understanding the Law 

New York State follows a No-Fault law. This system is set up to compensate injured persons whose crashes arise out of the “use and operation of a motor vehicle”. Therefore, the liability is generally allocated to the driver of the car and not the bicyclist. However, there are instances when a bicyclists is the one at fault for accidents. 

Determining Who is Liable 

In court, various factors determine liability for a motor vehicle and bicycle accidents. Motor-vehicle drivers and bicyclists both need to follow the rules of the road. Motor vehicle drivers should give reasonable room to bicyclists on the roadway and give an adequate warning before making a right turn. 

It is critical that drivers don’t make the reckless decision to drive distracted. Talking on the phone, texting, eating, etc. can all contribute to a serious accident. Drivers are at a much higher risk of not seeing a bicyclist when trying to multi-task behind the wheel.

The same principle applies to bicyclists when it comes to practicing safety on the roads. If a bicyclist decides to swing onto a street out of nowhere, someone driving a car may not have enough time to stop or slow down. If bicyclists are not wearing a helmet, they are at much higher risk from suffering a severe head injury. There are countless examples of how a bicyclist is at risk for injury if not being cautious.

Other circumstances where accidents are a bicyclist’s fault include:

  • The bicyclists ignores traffic signals
  • The bicyclist is on the wrong side of the street
  • The bicyclist rides against the flow of traffic
  • The bicyclist makes a sudden turn with no warning
  • The bicyclist fails to yield
  • The bicyclist does not come to a complete stop at a stop sign
  • The bicyclist ignores traffic signals

Injury and death is a serious concern when it comes to motor vehicle and bicycle accidents. According to the National Highway Traffic Safety Administration, 846 Bicyclists were killed in traffic crashes in 2019 in the United States. It’s crucial that both motor vehicle drivers and bicyclists adhere to the rules of the road and use extra caution.

If you have recently suffered injuries from a motor vehicle and bicycle collision, contact Losi and Gangi at 716-854-1446 for a free consultation. Our experienced personal injury attorneys will make sure you are represented fairly throughout every step of your case. 

Article adapted from : https://www.npr.org/sections/health-shots/2011/05/20/136462246/when-bikes-and-cars-collide-whos-more-likely-to-be-at-fault

Injured Workers Returning Back to Work

By Personal Injury

Individuals may experience some fear and anxiety when anticipating their return back to work after a long leave of absence. Due to the pandemic, many employees grew comfortable working from home and have no desire to go back to working in person. The same can be said for injured workers and returning back to work. Research shows that the longer employees are out, the less likely they are to come back to work. According to the Workers’ Compensation Board of New York State, 50% of employees will return to work after a six-month absence and only 1% after a two-year absence. 

Returning to work is different for everyone, especially depending on the type of injury one sustained. In the best case scenario, workers will fully heal from their work-related injury and return to their same job once they are cleared by their medical provider. After they are cleared, they will be able to pick up where they left off and perform their job duties with no restrictions. 

Other cases are not quite as simple and certain injuries can create many complications with what you can and cannot do again. Also, the healing process is dependent on how badly you were injured. For a bad injury, the healing process can be long and slow, but It’s important to remain patient and not rush to get better. Your body needs time to recover from the injury it sustained and attempting to speed up the process can just make things worse. 

Dealing with the new limits an injury places on an individual can be very hard to come to terms with. Just like how when a sports player returns after a bad injury and isn’t playing the way they used to, a worker may not be able to fully recover and perform the same tasks that they once were great at doing.

 So, how does one cope with this?

One solution is to switch to lighter duties at work that will accommodate for new medical restrictions. Unfortunately, some jobs don’t have lighter duty work that employees can do and in this case, employees will need to search for a different job better suited to their current abilities.  

The following is important to know : If you return to work and your injury or illness causes you to earn less than before, you may be eligible for certain benefits  

You may be entitled to “reduce earnings” benefits if you return to work at a lower pay rate because your disability prevents you from working at your pre-injury level. Reduced earnings benefits pay up to two-thirds of the difference of your wages and after your work injury. 

If you return to work, but are occasionally absent due to your work-related injury (whether treating ongoing or related issues) you may be eligible for workers’ compensation benefits for the time you are out. This is called intermittent lost time. In order to get it, you must have proof of medical evidence supporting your claim that your absence was due to you work-related injury. Therefore, it’s recommended to keep careful records of your lost time as well as your pay stubs. 

Use the following checklist :

Frequently Asked Questions : 

1) When I go back to work, can I still claim workers’ compensation for the time when I was hurt and could not work ? 

The answer is yes. You have up to two years after your workplace injury or illness to file a workers compensation claim.

2) Does my employer have to keep my job when I am out due to a workplace injury? 

Unfortunately, no. The Workers’ Compensation Law does not require your employer to keep your job for you. Most of the time, employers will keep your job open for you until you can return back to work, but it is not a guarantee. The best thing you can do if you are worried about losing your job is to keep regular contact with your employer about your job status. 

3) Can a new employer refuse to give me a job because I have a workers’ compensation case?

No. Legally, employers are not allowed to ask if you have a workers’ compensation claim and cannot deny you a job for filing a past claim. The Workers’ Compensation Board cannot share any information about your workers’ compensation case with another employer. 

Returning to work after being out for awhile can be a very difficult thing to do. It’s important you know your rights and the certain benefits you may be entitled to. If you have recently suffered a bad injury at work or any other work-related injury, please contact Losi and Gangi at 716-854-1446 for a free consultation. We will make sure you are represented fairly throughout every step of your case.

Article Adapted from : 

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