What is the firm's goal if it represents you?
We want you to be a satisfied client who is so pleased with our services that you will have no hesitation to recommend us to your family and friends should they require a personal injury attorney.

All insurance companies handle their claims differently. Some companies like to settle cases before a formal lawsuit is initiated in order to save the expense of hiring an attorney to defend them. Other insurance companies will not make any serious attempt to settle your case until you are "on the courthouse steps" and ready to go to trial. Your attorney deals with many different insurance companies every day and will be able to advise you how to approach the settlement negotiations in your particular case.

In every case you should provide all medical bills that you receive to your paralegal so that we may maintain an accurate medical bill file.

Depending on your case, there are a variety of different insurance coverage's that may be available to pay your medical bills as they are incurred, these include:

1. Workman's compensation insurance coverage;
2. Group health insurance coverage;
3. Medicare;
4. Personal injury protection insurance coverage;
5. Medical payments insurance coverage;
6. Medicaid

If you have insurance to cover your medical bills, the law allows the insurance company thirty (30) days from the date the bill is submitted to them to make payment. However, if an insurance company has a question about the reasonableness or necessity of a medical bill, it has the right to request additional documentation from you or your doctor before payment is made.

If you do not have any insurance coverage available, some doctors will refuse to treat you unless you pay for their services at each office visit. Because continued medical treatment is one of the most important aspects of your case, if you have no insurance or funds to pay your doctors you should notify us immediately so that we can attempt to make arrangements for you to see a doctor. This is frequently accomplished by having the doctor agree to treat you without payment provided that payment will be made at the time your case is resolved. You may also qualify for Medicaid or other government programs which will provide your doctors with payment.

1. Liability
2. Damages

In analyzing the liability of your case we attempt to determine the probability of proving that the defendant was negligent. Negligence means that the defendant did something that a reasonable person would not have done, or failed to do something that a reasonable person would have done under the same circumstance. Also, we must be able to establish that the defendant's action or inaction caused your injuries. If liability cannot be proven, then no damages or compensation can be recovered from the other party.

The liability analysis also requires us to evaluate the probability of the defendant proving to a judge or jury that you were partly responsible or contributed to your injuries.

In analyzing the damages aspect of your claim, your lawyer will determine which of the following legally recoverable elements of damage apply to your case:

1. Medical expenses incurred from the date of your accident or injury until the date of settlement or trial and reasonably expected to be incurred in the future.
2. Lost wages incurred from the date of your accident or injury until the date of settlement or trial and loss of future earning capacity.
3. Pain and suffering, disability, physical impairment, mental anguish, inconvenience, aggravation of a disease or physical defect, or loss of capacity for the enjoyment of life from the date of your accident or injury until the date of settlement or trial and in the future.
4. The loss of your spouse's services, comfort, companionship, society, and attentions from the date of the accident or injury until the date of settlement or trial and in the future.

Because pain and suffering is an element of every personal injury case, and because no two cases have the same amount of pain and suffering, no two cases ever have the same exact value. To determine how much money to ask the defendant or insurance company to pay in your case, your lawyer relies on his or her experience gained from handling similar cases, a review of New York's Jury Verdict Reporter, which publishes jury verdicts from every county in the State on a monthly basis, as well as a formal review and valuation of your case by the members of our firm at a scheduled weekly meeting.

The only way to truly find out exactly what your case is worth is to go through a full trial and have a judge or jury return a verdict. Because the vast majority of cases are settled without the necessity of a trial, your lawyer will advise you what value a judge or jury would likely assign to your case if it were to be tried.

1. Prior litigation history;
2. Prior criminal history;
3. Prior psychological treatment;
4. Prior accidents or injuries;
5. Prior Workman's compensation claims;
6. Prior hospitalizations;
7. Alcohol or drug rehabilitation treatment;
8. Subsequent accidents or injuries;
9. Statements given to insurance adjusters;
10. Failure to report income on tax returns;
11. Failure to file tax returns

In order to maximize your recovery it is generally necessary that we postpone any attempt to settle your case until your treating doctors can accurately predict what problems or limitations you will likely have in the future as a result of your injuries. Once a case has been settled, it is over forever. The last thing we want to happen is to settle your case too soon and then find out that your condition is worse than was originally believed. In order for us to obtain a full recovery for you it is essential that your doctors have enough time to gain a full understanding of the nature and extent of your injuries

It is important for you to understand that a settlement guarantees some recovery, but no lawyer can guarantee a recovery if your case goes to trial. A settlement is by its very nature a compromise. If we are unable to negotiate a settlement with which you are satisfied, the only way to find out what your case is really worth is to accept the risks associated with trial, and allow a judge or jury to return a verdict.

An important part of a personal injury case is of course the injury. In order to present your claim to the insurance company or defendant it is imperative that your lawyer have copies of all of your medical records and all medical bills. Keep your lawyer up-to-date with your medical treatment if your treating doctor refers you for a test outside of his office, refers you to another doctor, refers you to physical therapy, or any other medical treatment, let your lawyer or paralegal know so he or she can obtain the medical records and medical bills.

When you receive medical bills, or explanation of benefit sheets from your health insurance carrier, provide these to your lawyer or paralegal so your medical bill file can be kept up-to-date.

Tell your lawyer everything about your case. Sometimes the things you think are unimportant may turn out to be the most important aspect of your case and sometimes the things you think are very important may be unimportant from a legal standpoint. Tell your lawyer everything so he or she can determine the information importance.

It is also important that the lawyer and paralegal handling your case have a full and complete understanding of your medical history prior to the accident or injury for which we represent you. Insurance companies usually inquire extensively into any injured person's medical history in the hopes that they will uncover a previous accident or condition upon which they can attempt to blame your current condition or problems. It is vitally important that your lawyer know about your prior medical history before the defendant does so that the presentation of your claim can be tailored in a manner consistent with your complete medical history. If you have a pre-existing injury or medical condition it is "essential" that you tell your lawyer about it.

In addition to being open and candid with your lawyer about your prior medical history, it is also vitally important that you provide each of your treating doctors with a full and complete prior medical history. The strength and credibility of your doctor's opinions will determine in large part the value of your case. A doctor's opinion is worthless if it is based upon incomplete or inaccurate information about your medical history.

Be sure to follow all of your doctors recommendations. Insurance companies love cases where injured persons do not follow the doctor's recommendations or do not maintain a consistent course of medical treatment. Your lawyer understands that it is an inconvenience for you to take time from your work and daily routine to attend a doctor's appointment, but if you fail to maintain a consistent course of medical treatment you provide the insurance company with a very valuable argument that your injuries cannot be as bad as you claim because if they were, you would be going to the doctor and following his recommendations.

It is also important for you to maintain a consistent course of treatment with your doctor until the time your case is settled or goes to trial. If your doctor testifies at trial that he has not examined you in several months, his opinions about the nature and extent of your injuries, as well as your need for future medical care, will not carry much weight.

The first time you go to a doctor's office you will be asked to fill out several forms. These forms often ask you questions about the nature and extent of your injuries, the accident you were involved in, as well as any prior medical history. Be sure to fill these forms out completely and honestly. The doctor often uses this information as a basis for his opinions. Without accurate and complete information, the doctor's opinions will not be credible.

Be sure to convey all of your complaints to your doctor. Do not exaggerate or over state your complaints at any time, but be sure the doctor is well aware of all your complaints. Insurance companies will carefully review and will rely on your medical records in evaluating your case. Months or years after your visit when a doctor is called upon to render testimony, the only thing he will remember about the visit is what is contained in his medical records. The doctor will most likely testify that if something is not written in his medical records that means you did not mention the problem to him.

Be sure to keep your lawyer advised as to any changes of address, marital status, occupation, new doctors or physical therapists, or additional accidents or injuries.

Often insurance companies use investigators to observe you in an effort to call into question the credibility of an injured person. A single still photograph or short segment of video tape depicting a person who claims to be injured engaging in work activities and/or recreational or sporting activities against doctors' advice or in contrast to their testimony can severely damage their case. It is entirely legal for an insurance company to photograph or video tape you any time you are in the public view. However, if you suspect that you are being followed or watched you should contact the police immediately. The companies that perform surveillance often contact the local police department and advise them that surveillance is being conducted.

You should not avoid activities during the pendency of your claim simply because you are worried that someone may be watching you. You should follow your doctors recommendations regarding work restrictions and/or recreational or sporting activity restrictions. As always, be truthful with your doctor about your problems and limitations. If your doctor's notes reflect that you are in too much pain to ride a bicycle and the insurance company has video tape surveillance of you riding a bicycle, your case has unquestionably been adversely affected.