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

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

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

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

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

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

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

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

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

1. Know Your Right to Compensation:
   • Every individual has the right to seek compensation for injuries caused by someone else’s negligence.
   • Understanding the types of damages you may be entitled to, such as medical expenses, lost wages, pain and suffering, and more, is essential.

1. Understand the Statute of Limitations:

1. • It’s important to be aware of the statute of limitations, which sets the time limit within which a lawsuit must be filed.
   • Failure to file within this timeframe could result in the loss of your right to seek compensation.

1. Know Your Right to Legal Representation:

1. • You have the right to seek legal representation to ensure your rights are protected and advocated for.
   • Choosing an experienced personal injury attorney, like those at Losi & Gangi, can greatly enhance your chances of a successful outcome.

1. Understand the Legal Process:

1. • Familiarize yourself with the legal process involved in a personal injury lawsuit, from filing a claim to negotiating with insurance companies or going to trial.
   • Knowing what to expect can help alleviate stress and uncertainty throughout the process.

1. Know Your Right to a Fair Settlement:

1. • Insurance companies may offer settlements that are lower than what you deserve. It’s crucial to understand your right to negotiate for a fair settlement.
   • A skilled attorney can help you assess the value of your claim and negotiate on your behalf to secure the compensation you deserve.

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

The rule has always been that employers are liable for employees workers’ compensation when injuries arise in the workplace. However, in recent years, rules had to be adjusted with the impact of COVID-19 on businesses and countless offices requiring their employees to work from home. The workplace culture is forever changed as a result of COVID-19 and new norms have been established. Even as many business have slowly began to reopen, working from home may be here to stay and has become much more normal than it was prior to the pandemic. 

Remote workers have come into question as to whether or not they are eligible to receive workers’ compensation. Some people say no, arguing that since they are at home and not in a traditional workplace setting, then it doesn’t qualify as a work injury. Others however, disagree and argue that if the injury happens during work hours and is work related, then workers’ compensation must be provided.

Image courtesy of IWP – The Patient Advocate Pharmacy

The New York State Workers’ Compensation Board had to find the answer to the question: “Are work injuries sustained at home in New York covered by workers’ compensation?” 

To answer this in short, yes – workers’ compensation is covered by New York for remote workers. The New York State Workers’ Compensation Board articulated the following rule: “injuries sustained by employees working from home should only be found to be compensable when they occur during the employee’s regular work hours and while the employee is ‘actually performing her employment duties”. It is tricky to digest who is responsible for a work injury at home when there is no one around to see what happened. Following the honor system and trusting that people are telling the whole truth regarding unwitnessed accidents is not reliable. For this reason, the Workers’ Compensation Board has strongly recommended that in the event of an injury, employees must provide a detailed report of the incident including time, place, and circumstances surrounding the incident. This way, the events are well documented and can allow for proper review by the board. 

Image courtesy of IWP – The Patient Advocate Pharmacy

Examples of Common Work from Home Injuries: 

1. Back related injuries: Many remote workers are getting their work done from their couches, at their kitchen tables, their beds, or their coffee tables. A combination of sitting hunched over and poor posture results in back pain. 
2. Rotator cuff injuries: Pinched nerves in the neck and cervical spine have gone up 
3. Eye strain and fatigue: Squinting at a small laptop monitor without taking breaks can lead to eye strain and fatigue resulting In headaches, blurry vision, and dry itchy eyes
4. Wrist pain and Carpal tunnel syndrome: lack of wrist support can put strain on the wrist. 

Working compensation claims are not always cut and dry, and of course, there is some grey area when defining what a work from home injury consists of. Additionally, It’s no secret that people love to find loop holes especially when it comes to receiving money. With the flexibility that comes along with working from a home setting, it became much easier to do this. An off-the-clock injury can be misconstrued into a work related injury all too easily if worded properly. This is why there must be a clear understanding and distinction between personal activities and work related tasks. Activities like taking a short break, getting something to eat, or exercising don’t fall into the category of being eligible for workers’ compensation. 

The home environment allows for many distractions and opportunities to deter from  employment-related tasks. Making sure that these personal activities don’t get tangled up as a work related task is the most challenging part of classifying which cases are compensable while working remotely. 

If you have any questions… Contact Losi & Gangi to speak with one of our workers’ compensation lawyers at (716) 854-1446.

When someone dies or is killed due to the negligence or misconduct of another, including murder, the surviving members of the victim’s family may sue for wrongful death. When you file a wrongful death lawsuit, you are seeking damages for the survivors’ loss which includes lost wages from the deceased, lost companionship and expenses for the funeral. The right to file a lawsuit for wrongful death is fairly new, common law did not allow this kind of lawsuit. Every state in this country now has some kind of wrongful death law.

Wrongful death claims involve all types of fatal accidents from simple car accidents to medical malpractice or product liability cases. People, companies and government agencies can be legally at fault for acting negligently. To file a wrongful death lawsuit in New York State the following must be shown:

– The death of a person
– The death was caused by wrongful conduct or negligence of another
– The wrongful conduct/negligence could be subject of a lawsuit where the person harmed could have recovered damages if they didn’t die (pain and suffering)
– Survivors who have suffered specific damages due to the death

A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent’s death, otherwise known as the real parties in interest. Unlike many other state, New York places the responsibility for filing a wrongful death claim to the personal representative of the deceased persons estate. New York State will not allow a family member to bring a wrongful death claim to court unless that family member is also the personal representative of the deceased person’s estate. New York law allows the following individuals to file a wrongful death lawsuit:

– The decedent’s spouse
– The decedent’s children
– The decedent’s parents
– The personal representative for the estate of the decedent

Damages awarded in New York wrongful death cases depend on the specific facts that are demonstrated in court. Damages have been awarded in New York wrongful death cases for losses such as:

– Funeral and burial expenses
– Reasonable medical, nursing and other health care expenses related to the deceased person’s final injury or illness
– Wages and benefits lost between the deceased person’s final injury or illness and his or her death
– Value of support and services the deceased provided to family members
– Value of parental nurturing, care and guidance to surviving children
– Lost inheritance suffered by surviving children
– Conscious pain and suffering endured by the deceased due to the final injury or illness
– Nine percent interest on the damages award, calculated from the date of birth

New York State does not allow surviving family members to recover their own damages for pain and suffering, mental anguish or loss of companionship even if the deceased is a child. Parents may recover damages for the lost value of services such as household chores, performed by the child but the amount is reduced by the reasonable cost of caring for the children until they have reached adulthood.

A wrongful death claim in New York must be filed within two years of the date of the deceased person’s death. This is known as a statute of limitations, bars wrongful death claims from being filed in New York courts if more than two years have passed between the date of death and date of filing. New York does not stop the statute of limitations from running if the personal representative of the deceased person is a child or legally incapable of filing the claim. In these specific cases, the guardian of the child or incapable person is expected to file the wrongful death claim instead.

Nothing can take away the pain and suffering of losing a loved one but if the loss is due to another person’s negligence, you may be entitled to recover damages. Contact Losi Gangi if you feel you have a valid wrongful death claim at 716-854-1446.

Negligence is caused by the failure to behave with the level of reasonable care that someone of ordinary prudence under the same circumstances.  This behavior usually consists of actions but can also consist of omissions when there is some duty to act.  Proving negligence is required in most claims from car accidents to slip and fall cases.  Negligence claims must prove four things in court: duty, breach, causation and damages/harm.

In order to win a negligence case, the plaintiff must prove these four elements to show that the defendant acted negligent:

1. Duty – The defendant owed a legal duty to the plaintiff under the circumstances
2. Breach – The defendant breached that legal duty by acting or failing to act in a certain way
3. Causation – It was the defendant’s actions (or inactions) that actually caused the plaintiff’s injury
4. Damages – The plaintiff was harmed or injured as a result of the defendant’s actions

Ordinary Negligence

A reasonable person requires individuals to act in the same manner as a reasonably mindful person would under similar situations.  Ordinary negligence is when an individual acts in a way that a reasonably mindful person wouldn’t. Under negligence law, it is required that individuals take a reasonable measure to protect themselves and others from danger.  Negligence law establishes a responsibility for reasonable care.  Any person who doesn’t follow this responsibility and harms another individual may be financially liable for any damages that occur.

Ordinary negligence applies to:

• Ordinary claims
• Catastrophic accidental injury
• Defective products

Gross Negligence

Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.  It is more difficult to claim or prove gross negligence because it involves:

• Conduct that is a significant leap from the guidance by which a competent and reasonable person would act
• A serious or high degree of negligence
• Behavior which was taken out of line from a normal, reasonable person
  • • • Typical care is not taken
      • An absence of any kind of diligence
      • No care is taken whatsoever

Courts have characterized gross negligence as a reckless and unmistakable abuse of duty to the legal rights of others.  Under a wrongful death statue, proving gross negligence is mandatory in order to qualify for punitive damages.

Willful, Wanton, Reckless Conduct

Willful misconduct is considered further along the misconduct charts since willful misconduct is:

• Intentionally or voluntarily committed
• Reckless or intentional

When trying to prove willful, wanton, reckless behavior, a prosecutor will try to provide evidence that a significant harm was the result of the defendant’s actions. The two main differences between negligence and willful, wanton, reckless conduct are:

1. The defendant intentionally or knowingly disregarded all risk
2. The risk would most likely result in substantial harm

Plaintiffs looking to seek punitive damages from injuries must prove that the defendant engaged in willful, wanton, or reckless behavior.

Willful misconduct and gross negligence insurance policies vary by state, but the general terms say that acts of:

• Negligence are covered
• Gross negligence are not covered
• Willful misconduct are not covered

If you have been injured due to someone else’s negligence, contact a lawyer, especially if you have missed work and have accruing medical bills.  Call our experienced team at Losi & Gangi today for a free consultation at 716-854-1446.

Article adapted from: https://www.upcounsel.com/willful-negligence

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

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 26^th 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

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 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.