As we all know in New York, when a claimant files a demand for uninsured motorist arbitration, there is a STRICT 20 day statute of limitations for the carrier to file a petition to stay the uninsured/underinsured arbitration.
I always like to tell this story. When I was practicing I had a case where I could not confirm coverage on the offending vehicle after months of trying. So I did what any crafty practioner would do; I filed my demand for uninsured motorist arbitration on the no-fault carrier by certified mail. Amazingly, on the 21st day, a claims rep called me and said they think there is coverage on the offending vehicle...would I ACCEPT THEIR PETITION 1 DAY LATE? I responded by asking him, "if I had a great hit in the rear case, and I filed on the 3rd year and a day..would you direct your defense counsel not to contest statute of limitations"?
I immediately heard a click on the phone and the line went dead.
Moral of the story; Know your limitations periods and enforce them whenever you can! Because I guarantee you defense counsel will!
Tuesday, October 19, 2010
Sunday, October 17, 2010
Plaintiff's in personal injury cases are at a huge disadvantage; Defendants have access to much, much more data.
If I was currently sitting on any NYSTLA committe today like I did 15 yrs ago, I would be pressing for some way to even the "litigation playing field " with carriers and defendants. While defendants have a world of information regarding plaintiffs at their disposal, plaintiffs have to jump through hoops to get the same information about their own clients.
For example; Defendants have access to the Central Indexing Bureau[CIB], while plaintiffs don't. The CIB provides particulars about plaintiffs prior accidents. Therefore, defendants are given a great advantage in obtaining discovery material and performing the necessary investigation. So if your client lies to you[what else is new] and says he had no priors...you are open to being blindsided and perhaps putting your whole case at risk.
Defendants have access to "medical claims databases" and criminal databases as well. Powerful stuff! Sometimes a smart defendant's attorney will not even reveal what he knows until the plaintiff has dug a ditch for himself by lying at his /her deposition. Sneaky or smart? This unlevel playing field has been in existence forever.....It's about time the plaintiff's bar does something about it!
For example; Defendants have access to the Central Indexing Bureau[CIB], while plaintiffs don't. The CIB provides particulars about plaintiffs prior accidents. Therefore, defendants are given a great advantage in obtaining discovery material and performing the necessary investigation. So if your client lies to you[what else is new] and says he had no priors...you are open to being blindsided and perhaps putting your whole case at risk.
Defendants have access to "medical claims databases" and criminal databases as well. Powerful stuff! Sometimes a smart defendant's attorney will not even reveal what he knows until the plaintiff has dug a ditch for himself by lying at his /her deposition. Sneaky or smart? This unlevel playing field has been in existence forever.....It's about time the plaintiff's bar does something about it!
Labels:
CIB,
databases,
information,
prior accidents,
uneven playing field
Saturday, October 16, 2010
Short stop cases, seem like they are tougher and tougher to win.
Let's face it, "short stop" bus cases are not "God's Gift" to the plaintiff's bar. The bus companies will not settle them and more likely than not you can expect defendant to file a summary judgment motion. It is not even enough these days to beat the summary judgment motion; Defendants believe they can win at trial and ARE WINNING at trial.
So does that mean don't ever take these cases? Of course not! Just "screen them carefully" from the get go. Look for cases obviously with a fracture or surgery.Look for reported incidents with a witness and/or other injured people. But , most importantly look for an articulate plaintiff. Just like in sidewalk cases, the plaintiff's testimony is ever so important. On a heavy case an accident reconstruction expert should be used.
Moral of the story; Don't take these cases thinking you will get a quick fix and settle.You will not! If you take a case like this expect that you're in for a trial...Therefore, proceed accordingly.
So does that mean don't ever take these cases? Of course not! Just "screen them carefully" from the get go. Look for cases obviously with a fracture or surgery.Look for reported incidents with a witness and/or other injured people. But , most importantly look for an articulate plaintiff. Just like in sidewalk cases, the plaintiff's testimony is ever so important. On a heavy case an accident reconstruction expert should be used.
Moral of the story; Don't take these cases thinking you will get a quick fix and settle.You will not! If you take a case like this expect that you're in for a trial...Therefore, proceed accordingly.
Labels:
settlement,
Short stop cases,
summary judgment,
Trial
Friday, October 15, 2010
Height of the trial season, trial expenses available.
From now until mid- December the pace ($) is fast and furious. Plenty of trials, plenty of expenses.
Well look no further. We can fund trial expenses on a non-recourse basis.
Contact me; I'll explain.
Well look no further. We can fund trial expenses on a non-recourse basis.
Contact me; I'll explain.
Thursday, October 14, 2010
Does there have to be a heavy impact with significant property damage to support heavy injury?
To me one of the biggest "red herrings " in the personal injury world is "was it a heavy impact, "was there heavy property damage"? The rationale behind these inquiries is if the impact is heavy, it is more likely that there was significant injury. Yes, and easier to sell to a jury. Plus, more likely a carrier will see it as "a real case ".
But at the end of the day, we all recognize that a person can sustain "heavy injuries " from a moderate impact too. Such factors as the host vehicle's speed, weight of the vehicles, slope of roadway, body position, plaintiff's location in the vehicle, prexisting injury, fixed objects within the vehicle and more...need I go on, are highly relevant.
Moral of the story; while property damage is certainly an important factor in all motor vehicle cases, it is not the sole factor!
Keep an open mind.
But at the end of the day, we all recognize that a person can sustain "heavy injuries " from a moderate impact too. Such factors as the host vehicle's speed, weight of the vehicles, slope of roadway, body position, plaintiff's location in the vehicle, prexisting injury, fixed objects within the vehicle and more...need I go on, are highly relevant.
Moral of the story; while property damage is certainly an important factor in all motor vehicle cases, it is not the sole factor!
Keep an open mind.
Labels:
heavy impact,
other factors,
Property damage,
significant injury,
speed
Wednesday, October 13, 2010
If you want funding for clients on an infant's case or in some guardianship situations, you must get a Court order allowing for it.
More and more I'll receive inquiries from attorneys on behalf of families of infants[or guardians] who are financially strapped and desperately need funding. With infants, an advance CANNOT be done absent a Court order permitting the funding transaction. In many guardianships there are restrictions on the guardian letters which also require Court approval before the funding is done. The procedure is not all that complicated.
If this situation arises, contact me and I'll be glad to walk you through the procedure.
If this situation arises, contact me and I'll be glad to walk you through the procedure.
Labels:
Court approval,
funding,
guardianship,
infant's cases
Tuesday, October 12, 2010
Pay Attention to what funder your client is seeking funding with; may save a huge headache down the road.
As I am acutely aware, plaintiff's attorneys are overworked, overstressed and of course client funding deals are usually done when time finally permits. I must caution you; the practitioner who tells his client to find a funding company on his own, "and then get back to me", is playing with fire.
There are a lot of companies out there whose rates are so onerous you will curse the day you allowed your client to sign a contract with them.
So make life easy on your client and yourself..... you can rest assured by contacting me , you'll get great , low rates, service 2nd to none and honesty and integrity on every transaction.
Moral of the story; Why mess around with the world of the unknown? Stick with me.
There are a lot of companies out there whose rates are so onerous you will curse the day you allowed your client to sign a contract with them.
So make life easy on your client and yourself..... you can rest assured by contacting me , you'll get great , low rates, service 2nd to none and honesty and integrity on every transaction.
Moral of the story; Why mess around with the world of the unknown? Stick with me.
Labels:
best rates,
client funding,
funding,
funding company,
honesty,
integrity,
service
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