| MOTOR VEHICLE ACCIDENTS |
| LOWER BACK INJURY |
There are many misconceptions in the mind of the public concerning accidents.
For instance, you can be seriously injured in a motor vehicle accident where the
vehicle has no physical damage. This is especially true with sport utility vehicles.
On January 9, 2006 the New York Times had an article entitled “Pickups and S.U.V.’
s do poorly in whiplash tests.” See Link (Portions of that article are repeated here
exactly as it was written). “New crash test results show that four of every five new
sport utility vehicles and pickup trucks do not adequately protect occupants from
whiplash in low speed rear-end collisions.”
The study was released on January 8, 2006 from the Insurance Institute for Highway
Safety, “People see S.U.V.’s and they think of them as being much safer cars” said
Adrian Lund, president of the institute. “Certainly with regard to head restraints,
what our study is showing is many of them don’t provide good protection from
whiplash, which you might expect.”
“The insurance institute conducted a similar study of cars last year and found that
most did not do a good job of preventing whiplash. That study examined 97 types of
head restraints and cars sold in the United States, and concluded that three-fourths
provided either poor or marginal protection.”
“Rear end collisions are among the most common accidents. The insurance institute
estimates that at least 2 million occur each year and account for more than $8.5
billion in insurance claims. These kinds of crashes occur all the time. We’re seeing
a lot of unnecessary injuries, so we’d like to see these vehicles do a better job of
protecting necks, Mr. Lund added.”
Misconceptions almost always work in favor of big insurance companies and against
the individual fighting with his or her claim. There are constant ads by them
showing "you're in good hands" or they are "on your side" or "like a good
neighbor, they are there." But you can ask anyone who has suffered in an accident
and litigation and they will tell you otherwise.
For instance, you can be seriously injured in a motor vehicle accident where the
vehicle has no physical damage. This is especially true with sport utility vehicles.
On January 9, 2006 the New York Times had an article entitled “Pickups and S.U.V.’
s do poorly in whiplash tests.” See Link (Portions of that article are repeated here
exactly as it was written). “New crash test results show that four of every five new
sport utility vehicles and pickup trucks do not adequately protect occupants from
whiplash in low speed rear-end collisions.”
The study was released on January 8, 2006 from the Insurance Institute for Highway
Safety, “People see S.U.V.’s and they think of them as being much safer cars” said
Adrian Lund, president of the institute. “Certainly with regard to head restraints,
what our study is showing is many of them don’t provide good protection from
whiplash, which you might expect.”
“The insurance institute conducted a similar study of cars last year and found that
most did not do a good job of preventing whiplash. That study examined 97 types of
head restraints and cars sold in the United States, and concluded that three-fourths
provided either poor or marginal protection.”
“Rear end collisions are among the most common accidents. The insurance institute
estimates that at least 2 million occur each year and account for more than $8.5
billion in insurance claims. These kinds of crashes occur all the time. We’re seeing
a lot of unnecessary injuries, so we’d like to see these vehicles do a better job of
protecting necks, Mr. Lund added.”
Misconceptions almost always work in favor of big insurance companies and against
the individual fighting with his or her claim. There are constant ads by them
showing "you're in good hands" or they are "on your side" or "like a good
neighbor, they are there." But you can ask anyone who has suffered in an accident
and litigation and they will tell you otherwise.
Pain in the lower back occurs to many of us during our lives. The thoracic spine has
12 vertebrae and the lumbar spine is made up of 5 vertebrae. Vertebrae can be
crushed or fractured as a result from a fall from a high place or an accident. Discs
can tear and protrusion can impinge on the spinal cord causing severe radiating pain
in the legs. Diagnostic tests such as an X-Ray or MRI are critical in determining
whether a disc is herniated and impinging on the spinal cord or nerve root. These
injuries are painful and serious and can result in the need for surgery.
12 vertebrae and the lumbar spine is made up of 5 vertebrae. Vertebrae can be
crushed or fractured as a result from a fall from a high place or an accident. Discs
can tear and protrusion can impinge on the spinal cord causing severe radiating pain
in the legs. Diagnostic tests such as an X-Ray or MRI are critical in determining
whether a disc is herniated and impinging on the spinal cord or nerve root. These
injuries are painful and serious and can result in the need for surgery.
| AREAS OF PRACTICE |
| AUTOMOBILE ACCIDENTS |
Automobile and all other motor vehicle accidents make up the majority of cases
handled by my office. Over a million Americans are injured and thousands are
killed every year . Although not every accident results on a claim, Joseph
Giaramita has been told of numerous cases that were not filed because the client
“did not believe in bringing a case” and the individual was later disabled as a result
without any compensation. While accidents generally have a 3 year statute of
limitations in New York, a case against the City of New York has a 90 day filing
requirement. Therefore, it is essential to seek counsel immediately after an
accident. Insurance companies always take immediate action where there is an
accident: they do investigations and assign an attorney to defend it and always seek
minimize the amounts they will pay. Joseph Giaramita prefers to bring a lawsuit
quickly upon verification of a person’s injury and liability in favor of the client.
A critical factor in deciding whether to bring a case is whether a client is at fault in
an accident. Passengers are usually never at fault but an examination of the
happening of the accident is always required as proper analysis when you bring a
case. A lawsuit in the New York State Supreme Court is expensive, time consuming
and requires attention to a great amount of details. In addition, the clients must go
through a detailed examination of their lives by the insurance companies that
represent their clients. Insurance companies believe a judge or jury will award
less money to people they do not like and therefore place the life of the client on
trial. This is an ordeal that a client should to be prepared to face, and irrespective
of the magnitude of the injuries and fault of the other driver.
Several other factors must be considered in the decision of whether to accept a case.
Insurance coverage in New York is required in a minimum amount of $25,000.00.
Sometimes the injuries greatly exceed coverage. For this reason, it is crucial that
all drivers have uninsured motorists/under insurance coverage on their own cars
for much higher amounts (at least $100,000.00) and preferably $300,000.00. This will
allow a second case against your own company since you pay for this protection.
Believe it or not, your own company will also fight you tooth and nail if you would
bring a claim against “your own insurance company”despite having paid premiums
for years. It doesn’t matter that they accepted your payment for years when you had
no claims.
Most people are under a misconception that your own insurance company is on your
side and that is not always true. An insurance company is a business and the bottom
line is to pay out as little as they have to when a client is injured. As a result, your
own insurance company will frequently attempt to cut off medical benefits quickly
when you are injured in a motor vehicle accident, even though you still need
treatment. Limitation of treatment saves your insurance company money since they
pay medical bills, even though you are required by law to pay for this medical
coverage in the minimum amount of $50,000.00. It is adviseable to increase this to
$100,000.00 since additional coverage will be needed for a major injury. Moreover,
if you do not properly file the paperwork within 30 days “your” company will not
pay any medical bills. For this reason, you need an attorney to help you
immediately when you bring a claim and to properly handle the paperwork. Your
own insurance company will happily pay much less to an individual, without an
attorney, even if you would factor in the legal fee received by my office Joseph
Giaramita does not charge the clients a legal fee until the case is completed. All
cases are covered by a standard fee agreement whereby the legal fee and expenses
are paid at the conclusion of the case from the amount recovered.
handled by my office. Over a million Americans are injured and thousands are
killed every year . Although not every accident results on a claim, Joseph
Giaramita has been told of numerous cases that were not filed because the client
“did not believe in bringing a case” and the individual was later disabled as a result
without any compensation. While accidents generally have a 3 year statute of
limitations in New York, a case against the City of New York has a 90 day filing
requirement. Therefore, it is essential to seek counsel immediately after an
accident. Insurance companies always take immediate action where there is an
accident: they do investigations and assign an attorney to defend it and always seek
minimize the amounts they will pay. Joseph Giaramita prefers to bring a lawsuit
quickly upon verification of a person’s injury and liability in favor of the client.
A critical factor in deciding whether to bring a case is whether a client is at fault in
an accident. Passengers are usually never at fault but an examination of the
happening of the accident is always required as proper analysis when you bring a
case. A lawsuit in the New York State Supreme Court is expensive, time consuming
and requires attention to a great amount of details. In addition, the clients must go
through a detailed examination of their lives by the insurance companies that
represent their clients. Insurance companies believe a judge or jury will award
less money to people they do not like and therefore place the life of the client on
trial. This is an ordeal that a client should to be prepared to face, and irrespective
of the magnitude of the injuries and fault of the other driver.
Several other factors must be considered in the decision of whether to accept a case.
Insurance coverage in New York is required in a minimum amount of $25,000.00.
Sometimes the injuries greatly exceed coverage. For this reason, it is crucial that
all drivers have uninsured motorists/under insurance coverage on their own cars
for much higher amounts (at least $100,000.00) and preferably $300,000.00. This will
allow a second case against your own company since you pay for this protection.
Believe it or not, your own company will also fight you tooth and nail if you would
bring a claim against “your own insurance company”despite having paid premiums
for years. It doesn’t matter that they accepted your payment for years when you had
no claims.
Most people are under a misconception that your own insurance company is on your
side and that is not always true. An insurance company is a business and the bottom
line is to pay out as little as they have to when a client is injured. As a result, your
own insurance company will frequently attempt to cut off medical benefits quickly
when you are injured in a motor vehicle accident, even though you still need
treatment. Limitation of treatment saves your insurance company money since they
pay medical bills, even though you are required by law to pay for this medical
coverage in the minimum amount of $50,000.00. It is adviseable to increase this to
$100,000.00 since additional coverage will be needed for a major injury. Moreover,
if you do not properly file the paperwork within 30 days “your” company will not
pay any medical bills. For this reason, you need an attorney to help you
immediately when you bring a claim and to properly handle the paperwork. Your
own insurance company will happily pay much less to an individual, without an
attorney, even if you would factor in the legal fee received by my office Joseph
Giaramita does not charge the clients a legal fee until the case is completed. All
cases are covered by a standard fee agreement whereby the legal fee and expenses
are paid at the conclusion of the case from the amount recovered.
| NECK INJURIES |
The cervical spine starts at the base of the skull and contains seven vertebrae and
eight pairs of nerves responsible for controlling the neck, arms and upper body. The
joint between the vertebrae are made of a large sponge mass known as a disc. The
discs absorb vertebrae from the weight and movement of the head. When a disc
becomes herniated in the direction of the spinal cord or nerve root it is a serious
injury. It can cause paralysis and frequently causes neck pain which radiates into
an arm. In addition the vertebrae can become fractured. Vehicle accidents cause a
large portion of neck and back injuries. MRI’s are crucial to determine and
identify size, location and severity of a cervical disc injury.
Even when an MRI unequivocally confirms a disc herniation, insurance companies
have successfully created a public misconception that it is not a serious injury: they
call it a soft tissue injury, everyone has one or it’s not related to the accident or it
is an injury that existed before the accident.
eight pairs of nerves responsible for controlling the neck, arms and upper body. The
joint between the vertebrae are made of a large sponge mass known as a disc. The
discs absorb vertebrae from the weight and movement of the head. When a disc
becomes herniated in the direction of the spinal cord or nerve root it is a serious
injury. It can cause paralysis and frequently causes neck pain which radiates into
an arm. In addition the vertebrae can become fractured. Vehicle accidents cause a
large portion of neck and back injuries. MRI’s are crucial to determine and
identify size, location and severity of a cervical disc injury.
Even when an MRI unequivocally confirms a disc herniation, insurance companies
have successfully created a public misconception that it is not a serious injury: they
call it a soft tissue injury, everyone has one or it’s not related to the accident or it
is an injury that existed before the accident.
| PEDESTRIAN INJURIES |
Thousands of people are killed in traffic accidents and a larger number are injured
in traffic accidents. Frequently children are the victims in these accidents.
Pedestrian accidents involving children frequently need an expert to reconstruct
the accident and an experienced lawyer is needed to properly prepare this type of
case. Medical doctors and experts are also needed in a case involving a serious
injuries.
Pedestrian accidents require the injured person to file a claim against the driver’s
insurance company within 30 days to receive payment for medical bills. This
requires the pedestrian to immediately obtain a police report of the accident,
which has the driver’s insurance information. If the paperwork is received by the
insurance company in 31 days, it will be considered late and will be rejected and
the pedestrian will be responsible for all the medical bills and loss of wages. It is
therefore crucial to have an attorney immediately assist you with this paperwork.
in traffic accidents. Frequently children are the victims in these accidents.
Pedestrian accidents involving children frequently need an expert to reconstruct
the accident and an experienced lawyer is needed to properly prepare this type of
case. Medical doctors and experts are also needed in a case involving a serious
injuries.
Pedestrian accidents require the injured person to file a claim against the driver’s
insurance company within 30 days to receive payment for medical bills. This
requires the pedestrian to immediately obtain a police report of the accident,
which has the driver’s insurance information. If the paperwork is received by the
insurance company in 31 days, it will be considered late and will be rejected and
the pedestrian will be responsible for all the medical bills and loss of wages. It is
therefore crucial to have an attorney immediately assist you with this paperwork.
| PREMISES LIABILITY |
When you become injured on someone’s property, the owner or occupier of the
property may be responsible for failing to keep the property reasonably safe
condition or for failure to warn of dangerous condition on the property. When
consumers of a business visit a property, the owners may be liable for
unreasonably dangerous conditions exist on it. This can be in the form of a broken
sidewalk, water damages, debris on staircases, faulty handrails, elevators, parking
lots, amusement parks or other portions of the premises that are poorly designed,
maintained or repaired.
Several factors have to be considered in a premise liability case. Expert testimony
is usually necessary and can be costly to determine and prove the cause of the
accident. Of course, medicals doctors are also necessary and expensive to prove
injuries of the client. Insurance coverage is a factor, as well as, the nature and
extent of the injuries suffered by the client. A very important factor is that the
insurance company for the landowner must be notified immediately or they can
deny coverage. You need the services of an attorney immediately for this reason.
property may be responsible for failing to keep the property reasonably safe
condition or for failure to warn of dangerous condition on the property. When
consumers of a business visit a property, the owners may be liable for
unreasonably dangerous conditions exist on it. This can be in the form of a broken
sidewalk, water damages, debris on staircases, faulty handrails, elevators, parking
lots, amusement parks or other portions of the premises that are poorly designed,
maintained or repaired.
Several factors have to be considered in a premise liability case. Expert testimony
is usually necessary and can be costly to determine and prove the cause of the
accident. Of course, medicals doctors are also necessary and expensive to prove
injuries of the client. Insurance coverage is a factor, as well as, the nature and
extent of the injuries suffered by the client. A very important factor is that the
insurance company for the landowner must be notified immediately or they can
deny coverage. You need the services of an attorney immediately for this reason.
| SLIP AND FALL ACCIDENTS |
The landowner who has control of property is responsible to maintain the property
(sidewalk, parking lot, etc.) in a reasonably safe condition. The landowner can
sometimes cause and create a dangerous defect by a negligent repair which causes
an unreasonable risk of harm. The defect must be more then a trivial or slight
defect because the law does not require a landowner to eliminate all defects or
deviations on a property. These cases often require the work of an architect,
engineer or other expert. The cost of expert testimony must be considered in the
presentation of the case for a client. Of course, medical testimony and experts are
a significant expense and must be a factor in the decision to bring a case.
(sidewalk, parking lot, etc.) in a reasonably safe condition. The landowner can
sometimes cause and create a dangerous defect by a negligent repair which causes
an unreasonable risk of harm. The defect must be more then a trivial or slight
defect because the law does not require a landowner to eliminate all defects or
deviations on a property. These cases often require the work of an architect,
engineer or other expert. The cost of expert testimony must be considered in the
presentation of the case for a client. Of course, medical testimony and experts are
a significant expense and must be a factor in the decision to bring a case.
| CONSTRUCTION ACCIDENTS |
In New York State there are laws which protect construction workers from their
activities since they frequently work in a dangerous setting. These workers face
hazards related to height elevation when they are erecting a building. They are
sometimes tragically injured in their work as a result of the fault of the property
owner or contractor. Workers compensation does not properly compensate a
worker for the injuries sustained in this type of accident. The owner and contractor
are frequently liable under various sections of the Labor Law. Contrary to the
perception of many, the insurance company defend tragic injuries more vigorously
than in the smaller accidents.
My office has construction experts that are familiar with the laws related to
construction accidents. In addition, medical experts and economists may be needed
to properly present a case to fairly compensate a victim. Immediate action is
needed because the insurance companies rapidly investigate, defend and place
reserves on these accidents.
Owners and general contractors turn a blind eye to the construction in violation of
Labor Laws. A building is constructed much more quickly without proper safety
precautions since it is slower and therefore costs more. When a construction
worker is injured, they will always defend the case on the ground that the injury is
the sole proximate cause of the worker that failed to wear a safety device even
though they were aware that this is how the work was conducted. They routinely
make sure the workers sign papers indicating they were advised to use safety
devices even if they are not in place at the time of an accident. My office has
experts in construction that are familiar with the laws related to this field.
activities since they frequently work in a dangerous setting. These workers face
hazards related to height elevation when they are erecting a building. They are
sometimes tragically injured in their work as a result of the fault of the property
owner or contractor. Workers compensation does not properly compensate a
worker for the injuries sustained in this type of accident. The owner and contractor
are frequently liable under various sections of the Labor Law. Contrary to the
perception of many, the insurance company defend tragic injuries more vigorously
than in the smaller accidents.
My office has construction experts that are familiar with the laws related to
construction accidents. In addition, medical experts and economists may be needed
to properly present a case to fairly compensate a victim. Immediate action is
needed because the insurance companies rapidly investigate, defend and place
reserves on these accidents.
Owners and general contractors turn a blind eye to the construction in violation of
Labor Laws. A building is constructed much more quickly without proper safety
precautions since it is slower and therefore costs more. When a construction
worker is injured, they will always defend the case on the ground that the injury is
the sole proximate cause of the worker that failed to wear a safety device even
though they were aware that this is how the work was conducted. They routinely
make sure the workers sign papers indicating they were advised to use safety
devices even if they are not in place at the time of an accident. My office has
experts in construction that are familiar with the laws related to this field.
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| JOSEPH GIARAMITA, ESQ. |
Trial Attorney Since 1984