Scott C. Gottlieb, Injury Law Attorney

Our summer newsletters were sent out over the last few weeks. There are some interesting and informative articles in this issue, so be sure to give it a look. For any of you who do not receive our newsletter and would like to, please feel free to subscribe on our website, our just e-mail us and we'll send you one if you just want to see what it's all about. Have a safe and happy rest of the summer!

Labels: firm, general

We often get calls from assault victims interested in pursing a claim against the assaulter or the establishment where the injury occurred. While claims such as this are possible, there are several reasons that discourage us from pursuing these types of cases. Most significant is the fact that injuries that are intentionally caused are normally not covered by insurance, such as the assaulter’s homeowners policy. Therefore, it is necessary to sue the individual and hope to collect from any personal assets owned by him. Under some circumstances, if the assaulter was illegally served alcohol by a commercial establishment, an action can be brought against the bar or convenience store that improperly provided the assaulter with the alcohol. However, these cases are difficult to prove and often, if the establishment is a bar, there may be no insurance or no assets to collect from. Nevertheless, if someone is a victim of a crime and they have incurred medical expenses, property damage and/or lost wages, they may apply to the New York State Crime Victims Assistance Center. With a proper application, this agency will, in most cases, pay for uninsured medical expenses, property damage and/or lost wages. The number for your local office of the Crime Victims Assistance Center can be obtained from the police department, the district attorney’s office or the phone book.

Labels: general, injury

Driving While Intoxicated has grave consequences. Whether there is an accident or not, being convicted of DWI will turn into a very expensive proposition. Each year, more states, especially New York, are increasing the penalties for DWI offenses. At a minimum, if you are convicted of DWI in New York, you will pay a fine of $500 as well as a Court surcharge. Your license will be revoked for 6 months and the Department of Motor Vehicles will charge you a civil penalty of $750, to be paid over the next 3 years. If you choose to get a conditional license prior to the expiration of your 6 month revocation, there will be other DMV costs for processing your request and participating in the Drinking Driver Program. Finally, your insurance rates are likely to increase, due to a re-evaluation of your risk status. The best solution is never to drink and drive. In the alternative, you may purchase an alcohol sensor device that will measure your blood alcohol content prior to getting behind the wheel.

Labels: accidents, general

Many states have recently considered passing legislation prohibiting text messaging while driving. Some states have proposed similar legislation involving prohibitions against eating food while behind the wheel. The reality is that distractions are one of the leading causes of motor vehicle accidents. Any time the driver must look down, thus taking his eyes off the road, there is a greater risk that he will be involved in a collision. The lesson to be learned is that any conduct, whether it be speaking on a cell phone or talking to other passengers, is potentially dangerous if it causes the driver to focus away from the road ahead.

Labels: accidents, general

As we draw closer to deciding who will be our next president, many of us in the legal community are wondering whether we will see the passage of tort reform laws. Generally speaking, it has been the Republican party that has been in favor of reducing awards to accident victims and those hurt by medical malpractice or bad medications. However, it is still uncertain whether or not the election of a Democratic president would translate into tort reform. For example, many large drug companies have supported Democratic candidates, which could mean that promises have been made to limit lawsuits against drug manufacturers. Fortunately, thus far, there have been no substantial changes in our state or federal tort laws. However, this issue is likely to again be raised after the seating of a new president.

Labels: general

Our Winter 2008 Newsletters are just going out, so keep your eye out for it in the mail. If you are not currently a subscriber, or if you wish to unsubscribe, please following the instructions on our website. Be safe in 2008.

Labels: general

We will be issuing a complimentary quarterly newsletter, with helpful information regarding our areas of practice and interesting facts. Our first issue will be for the fall of 2007. If you are a previous or existing client, you will automatically receive our newsletter. If you are a visitor to our site and would like to subscribe to our newsletter, just fill in the form on our homepage, and we'll put you on our mailing list!

Labels: firm, general

The National Highway Traffic Safety Administration estimates that every ten seconds someone in the United States is involved in a car accident. The majority of auto accidents cause minor property damage, while others result in substantial property damage, serious personal injury or death. Accident victims are likely to become overwhelmed by the barrage of telephone calls, paperwork, accident reports, treatment costs, medical bills, paperwork and other documentation received after an accident. Insurance companies sometimes take advantage of that. They have the time, resources and familiarity with procedures to stay busy working to minimize their personal injury payout or settlement. Unfortunately, because of events beyond their control or understanding, many accident victims receive no compensation, inadequate benefits or a less than equitable settlement for their claim. That is why it is always better to proceed with a lawyer than without one.

Labels: accidents, general

The state of New York has an estimated 700,000 hunters whose arsenal includes shotguns, rifles, muzzleloaders and even handguns. These incidents often involve members of the same hunting party and result from accidental discharge or unsafe handling of the firearm, or from the victim being out of sight or mistaken for game.

Compared to other outdoor sports, hunting is statistically safe. Unfortunately, accidents do happen and are often the result of hunting safety and game law violations that include:

- Running or walking with a loaded firearm,
- Placing or removing a loaded firearm in a vehicle,
- Firearms in insecure resting place,
- Shooting across the roadway,
- Shooting near occupied buildings, schools and playgrounds,
- Unclear sight of target and beyond,
- The firearm's "safety" has not been engaged, and
- Crossing fences, climbing trees or any awkward action with a loaded gun.

Homeowners insurance policies will often cover injuries caused by the negligent use of a firearm. This coverage may be available to the homeowner as well as other family members residing at the home. Some hunters also carry separate hunting accident insurance that may be obtained through certain hunting clubs and organizations.

Labels: accidents, general, injury

Only accidents which result in a serious physical injury entitle the accident victim to compensation for pain and suffering. The NYS Insurance Law defines a serious physical injury as any one of the following:

· Death

· Dismemberment

· Significant Disfigurement

· One or More Fractures

· Loss of a Fetus

· Permanent Loss of Use of a Body Organ or Member

· Permanent Consequential Limitation of Use of a Body Organ or Member

· Significant Limitation of Use of a Body Function or System

· A Medically Determined Injury or Impairment of a Non-Permanent Nature which Prevents the Injured Person from Performing all of the Material Acts which Constitute such Person’s Usual and Customary Daily Activities for not Less than 90 Days During the 180 days Immediately Following the Occurrence of the Injury or Impairment


These definitions can be difficult to understand and often require the assistance of an attorney in order to determine whether the accident victim qualifies as having suffered a serious physical injury. It is best to consult with an attorney soon after the accident occurs in order to make certain that your treating doctor is properly documenting your diagnosis, symptoms and prognosis.

Labels: accidents, general, injury

We have received several inquiries about the possibility of bringing a legal action against the manufacturers of the tainted pet food that was recently distributed throughout the United States. Generally speaking, most states do not permit an award of damages for the loss of your pet's companionship. This means that any legal action would be limited to recovering for your veterinary expenses and the value of your pet if the animal died. In these states, the cost of bringing a lawsuit would likely exceed any potential monetary recovery. Therefore, we are not recommending that individual pet owners get involved with legal actions. If, however, a law firm begins a class action on behalf of the thousands of individuals affected by the tainted food, you may wish to consider joining that class action. Class actions allow a law firm to bring a case on behalf of many individuals who have a relatively small claim. If you have such a claim, you should check on the internet to see if any law firms are getting involved with these class actions.

Labels: general, injury