In New York, it used to be that you had to “opt-in” with most carriers to be covered for spousal liability – that which required the insurance company to cover a spouse for “pain and suffering” if their spouse causes (or partially causes) a motor vehicle accident...
Preserving & Protecting Your Family’s Assets & Legacy
Barrie’s Banter
If you cannot work, can a personal injury claim make up for lost wages?
When you are injured unexpectedly, it can affect every part of your life. One of the biggest problems is losing your income. If you cannot work, you might wonder how you will handle your finances. Is it possible to get money for the wages you lost? Can you get...
What is the difference between a personal injury case, a medical malpractice case and a worker’s compensation case?
Even though I will give a brief description of each, it is important to note that a claim may share components of all of these. As such, it is important that you speak with an attorney who is familiar with all 3 so that your matter will be dealt with properly. A...
The eggshell skull theory in personal injury cases
A client of mine was in a car accident. The other car crossed over the double yellow lines and hit her head on. She hurt her shoulder and her hand but discounted the hand as the x-ray showed arthritis. She is a PA and made that determination on her own. In reality,...
If I get hurt in a nursing home, does the money count against my Medicaid eligibility?
A Medicaid applicant in New York cannot have assets in excess of $30,182 (2023). Under New York Public Health Law, if you are injured due to the negligence of a nursing home, any money you receive will NOT count against your Medicaid eligibility. This is true for both...
Personal injury and insurance company negotiations
Rear-End Car Accident Injury Settlement in NY Recently I represented a young woman who was rear-ended. Her injuries were not serious but she still sustained injuries due to the negligence of another party. The insurance carrier was very aggressive, even with me,...
New York pedestrian injury case
My client was a pedestrian struck by a car. She suffered a badly fractured arm but declined surgery due to a history of anesthesia complications. The case venue was not favorable to plaintiffs (meaning the jury is conservative with money). To maximize recovery, I made...
Motor vehicle insurance review by a personal injury attorney
I always educate my clients and people at seminars about the importance and impact of having property automobile insurance coverage. A 19 year old client of mine was a passenger in his friend’s truck which was involved in a single car accident (it hit a tree). My...
Trip and fall cases from a personal injury attorney
Often, potential clients call me regarding what we call “trip and fall” cases. The name speaks for itself. Most injuries sustained in these accidents are severe, but that does not mean there is a case. Liability is the first consideration as these types of cases are...
Personal injury and medical malpractice
A client of mine was “t-boned” by another car in a motor vehicle accident. She was admitted to the hospital for a few days with non-displaced pelvic fractures and then discharged home. Ten days later, she suffered a fatal pulmonary embolism. In New York, since the car...