When you’ve been the victim of a personal injury, often you will be brought to a hospital for emergency care; to make certain that you are not in any danger.  After you have been discharged, you then begin regular treatment with a medical professional for your specific injuries.  If you do not need further medical care, it is likely that your injury does not warrant hiring a personal injury attorney.

Whether the doctor you see after your hospital discharge is your primary care physician, a chiropractor, a board certified specialist referred by the hospital or your PCP, or a local trauma clinic, all of these medical providers will perform the same initial assessment of your condition.  After culling all of your biological and insurance information, he or she will take a history of what happened to you in the accident and note whatever pain your are experiencing.  He or she also will take a prior medical history which is crucial in determining whether your pain is or is not a result of your accident.  The doctor then will perform an initial physical examination, touching you and asking you to move in specific ways.

Depending upon your complaints of pain and the results of the initial physical examination, the doctor may refer you for preliminary diagnostic testing such as x-rays.  All of this information assists the doctor in forming a working diagnosis of your condition.  That working diagnosis forms the basis for future diagnostic studies as well as a plan for your treatment and care.

Problems can arise when your medical provider is more interested in performing medical services and diagnostic studies with which to bill the insurance carrier than he or she is in considering what treatment you really need.  You might ask, ‘how can this hurt my personal injury claim?  After all, the higher the medical bills, the more serious your injury must be, right?  Well, no.

In fact, today we live in an age where the typical juror is naturally suspicious of personal injury claims to begin with.  They may even sit in the jury box worrying about how claims like yours will adversely affect their insurance premiums and their property taxes.  Often, they believe that we should all look out for ourselves, and not ‘blame the other guy’ for our injuries, regardless of how severe.

When this type of juror perceives that doctors and lawyers are claiming that every ache and pain experienced by their client is the result of this one particular accident, or that doctors are performing tests and treatment that may not be relevant or helpful to the patient’s care, the juror begins to doubt their professional credibility.  If your doctor loses credibility, so do you, and so does your personal injury case.

Furthermore, excessive testing and treatment is more difficult for you.  Not only will the process take up enormous blocks of your time, but it also be harder for you to remember all of the tests and treatments you have had when it comes time for you to testify.  You should ask yourself this question: if, during your accident you have injured your neck, right shoulder and right elbow, why would a reputable physician x-ray your left ankle or refer to for an MRI of your lower back?  If it doesn’t make sense to you, it certainly will not make sense to a jury or an insurance carrier.

If a doctor does not require the results of a particular test when developing your course of treatment, then why should you spend the time and (no doubt) stress getting it done?  And, why should you or your insurance carrier pay for it?

Now, I would suspect that everyone experiences anxiety during and after a serious accident of any kind.  However, if, after a time you have gotten over the anxiety, fear or depression, does it really make sense to treat with a psychiatrist or psychologist every week for six to 12 months?  Not really.  In fact, this excessive treatment could look to a juror and an insurance carrier as your attempt to “build a case” where there is none, even if you have been seriously injured.

Remember also that at your trial (should you have one), your doctors may be called to testify on your behalf.  They will be asked to describe as well as justify every procedure they have ordered for you; every specialist referral will be scrutinized.  If your doctors cannot adequately explain the reasons for their decisions and treatment plans, their credibility will be called into serious question.  Woe to the doctor who cannot explain how he or she was paid thousands, if not tens of thousands of dollars for tests and treatment that he or she did not have a sound basis for ordering.

As I have said many times before, your personal  injury case is as good or as bad as your medical records, your doctors’ narratives, and the treatment that your  doctors prescribe for you.

Interview With Alexander E. Weingarten, M.D., Comprehensive Pain  Management Associates

What is pain management? Pain management is a medical specialty for treatment of acute, new pain, as well as chronic pain  (which is pain lasting longer then two to three months).

Under what circumstances do patients come to your practice? We see patients who typically have had pain for over a month.  In most cases, their pain has not responded to simple oral analgesics and physical therapy, and they may require a more aggressive approach.

How do you distinguish your practice from others in your field? Unlike many other pain management centers or practices, all of the physicians at Comprehensive Pain Management Associates are board certified anesthesiologists.  We have subspecialty certification in pain management (both degrees through the American Board of Anesthesiology).  Aside from our exemplary  medical credentials, our doctors provide a welcoming and understanding environment, particularly crucial for patients suffering from severe pain.

Why is consistent medical care important for traumatically induced injuries? It is critical for provide consistent medical care (specifically pain management) early on in order to avoid permanent pain issues for the patient.  It has been our experience that a multimodality, aggressive approach to alleviating pain, along with physical therapy, clinical care, and patient acceptance achieves better results.

If all single modalities fail including oral analgesic, then interventional pain management procedures (i.e., epidural steroid injections and trigger point injections) may be warranted.

Comprehensive Pain Management Associates, 2001 Marcus Avenue, Suite S20, New Hyde Park, NY (516) 358-4673, 121 Eileen Way, Syosset,  NY (516) 496-4964

Motorcycle Trivia: More Harley Davidson History

During the Great Depression of the 1930’s, Harley-Davidson Motorcycles began painting the ‘eagle’ design on all of their gas tanks.  This marketing plan was put into place to stimulate additional sales during this historically difficult economic time.

Also, in the 1930’s, Harley-Davidson’s biggest (and only) American competitor was Indian Motorcycles.  And this would be the case until the 1950’s, when the cruising market began to expand.

One more thing . . . the 1930’s saw the introduction of the EL, an overhead valve, 61 cubic inch power motorcycle.  This innovative bike was nicknamed “Knucklehead.”

Settling  A Lawsuit Versus Going To Trial

As a New York trial attorney, I am often asked which option is preferable: settling or going to trial.  In an ideal world, settling a personal injury lawsuit is more advantageous for the client, provided the offer by the defendant is fair and reasonable.  By settling, you can avoid the stress, the personal intrusion, the time spent and the unpredictably that comes with a jury trial.  In addition, unlike a trial, once a settlement is agreed upon there is no turning back.  The decision is final.  On the other hand, when you go to trial, the defendant has the right to appeal which can add months or even years to the process.

However, unfortunately, we do not live in an ideal world.  Many times, regardless of how serious the accident or injury, defendants (and their insurance carriers) are uncompromising and the likelihood of reaching an impasse is quite high.  In situations like this defendants either make no settlement offer at all, or they make one that is ridiculously low.  Under either of these circumstances, and assuming that a client has a relatively strong case (meaning, solid medical substantiation), a trial is unavoidable.  That is why knowing the background of your attorney is so important.  Whether your case goes to trial or settles, your attorney should have the experience, the education, and the professional success that you need.  Remember, in a personal injury case, you most often are facing large insurance carriers with plenty of financial backing.  You need an attorney who has a history of fighting them and beating them at the negotiation table and in court.  The best way to secure a favorable settlement is to be prepared to try your case to verdict.  Once your adversary is convinced you will take a verdict, a settlement becomes more likely.

Don’t look upon a deposition as a stressor.  Rather, look upon it as your side’s opportunity to question your opposition – or the individual responsible for your injury – under oath, before a court reporter.  Everything said on record during the deposition is recorded, and that becomes the transcript, an invaluable tool for your attorney.  Depositions generally are taken for three reasons:

•It is a discovery tool used by attorneys to obtain information about you, how the accident occurred and your injuries;

•It is used to “lock your story in” so you cannot change i at the time of trial and surprise your adversary;

•It is used by counsel to evaluate your credibility and likability.

If your case does go to trial, the sworn testimony given at deposition is accorded the same weight and credence as if it were given in the courtroom.  That’s why a deposition can make or break your case.  If you give a strong deposition, it will help your attorney posture your case for settlement.  If you give a poor performance at deposition, settlement can be more difficult.  More significantly, a bad deposition, may cause your case to be dismissed before trial or make it very difficult to give a convincing testimony at trial.

The key to a strong performance during deposition is preparation.  Your attorney should spend a lot of time with you before you submit to questioning by opposing counsel.  He or she should review the basic guidelines of how to conduct yourself and how to best answer the questions.  Your attorney should then review with you the types of questions that can be expected, and help to refresh your memory to the specific facts of your case.

The Guidelines For Deposition Testimony

First, the less you say during the deposition, the better.  Remember that the deposition is not the time for you to “tell your side of the story.”  Rather, it is a time to answer specific questions.  It is important to remember how a deposition will be used at trial.  When you testify again at trial (if it comes to that usually over one year later), you will convey the same story but will want to tell it with more details and flourish.  However, everything you say at trial must conform to what you said earlier at your deposition.

If there is a conflict in your testimony, you will be cross-examined on the inconsistencies and opposing counsel will attempt to make you look either like a liar or like someone who is confused, at the very least.

Human beings rarely tell the same story twice using the same words.  Lawyers work with words and will emphasize the differences in your testimony.

So logic dictates that the fewer words you have on paper (in the transcript), the easier it will be for you to testify at trial in full detail without contradicting your previous testimony.

Second, if you can answer the question asked of you with a simple “yes” or “no,” do so.  If the lawyer asking the question wants more information, let him or her ask you for it.  If you need to provide a brief explanation, give one.  But, make it brief – one short sentence will suffice.

Third, if the lawyer questioning you asks for one piece of information, give that one piece of information.  For instance, if he or she asks you what color shirt you are wearing, state the color, not where and when you bought the shirt and how much it cost.  If the lawyer asks for more than one piece of information in one question, your lawyer should object to the question.

Fourth, if your lawyer objects to a question, do not answer that question until your lawyer instructs you to do so.  If you do not understand defense counsel’s question, say so and he or she will rephrase the question.  Never, ever guess at what a question means.

Also, never guess at the answer to a question.  If you are not sure of the answer, communicate that to the attorney.  If you do not remember the answer to a question, say, “I do not remember.”  If you do not know the answer to a question, say, “I do not know.”

It is crucial that you understand the difference between not remembering and not knowing.  If you never had the information in your brain, then you do not know.  Nothing at all can be done to bring that memory back because you never had the knowledge in the first place.  However, if you used to have the knowledge but have since forgotten it, then you do not remember.

Fifth, be polite and (under no circumstances) argue with the opposing attorney.  It is your responsibility to answer questions.  It is your attorney’s responsibility to argue with his adversary, if necessary.

Sixth, speak up.  Remember, a court reporter is typing everything you say and only what you say, so you must speak your answers clearly.  Nodding your head or gesturing with your hands will not be recorded in the record.  Do not say “uh-huh” since the court reporter will not be able to tell whether you mean yes or no.  And, let the lawyer finish asking the question before you start to answer because the stenographer can only type one voice at a time.

Finally, do not think out loud.  Take your time before your say anything.  When you are ready, give your short, concise answer.

When It Comes To Testifying In Court, Honesty Is The Best Policy

Many of the same principles for testifying in a deposition also apply to testifying in court before a judge or jury.  The number one principle everyone should remember whether testifying as a plaintiff or a defendant is: tell the truth – always.  No doubt your attorney will not want you to offer more information than a question asks for, but he or she should advise you to answer every question honestly.  Not only is that the right thing to do, but it also prevents the opposing attorney from “catching” you in a lie.  Your honesty is a large part of how you are perceived on the witness stand and goes along way towards supporting your case.

Sometimes witnesses appear hesitant or apprehensive because they have not understood the questions posed by the examining attorney.  Apprehensiveness also may be perceived as dishonesty so remember to always wait a few seconds before answering every question.  If you aren’t clear about a question, ask the attorney to clarify it.  Testifying in court is serious business.  Therefore you have the right (and the obligation) to make sure you understand what’s being asked of you and to respond as best you can.

If you don’t know or can’t remember an answer, simply say “I don’t know” or “I don’t remember.”  None of us can be expected to remember every single detail of an incident, particularly if that incident occurred months or even years ago.  Admitting you don’t know or don’t remember is a perfectly honest answer, and is infinitely better than making it up.  Before you testify, your attorney should spend a great deal of time refreshing your memory about what you said in your deposition.  If you answer a question without being sure about it, that answer could be inconsistent with your previous testimony.  Remember, inconsistency can have an adverse effect on your case.

Finally, while testifying in court is your opportunity to tell your story, you must remain calm, polite, and cooperative.  Try not to get emotional, and under no circumstances should you become adversarial with the opposing lawyer. – that is your lawyer’s job.

Interview With Vincent P. White, Esq.

Under what circumstances should an individual file for bankruptcy?  An individual with debt but no significant assets is generally well suited to Chapter 7 Bankruptcy (Discharge of Debt) as long as they do not have a large discretionary income left over after meeting their obligations each month. We are able to help individuals with significant assets as well. If they have assets, but feel they are falling further behind on payments each month they are a prime candidate for a Chapter 13 Bankruptcy.

What are the benefits and detriments to filing bankruptcy?  Benefits: The full or partial discharge of your debt through bankruptcy can grant you a blank slate on life; commonly, a swift and decisive bankruptcy will cause less harm to your credit score than continued late and missed payments to your creditors; it is possible for an individual with a 700+ credit score to exit bankruptcy in the 600+ range; credit can be rapidly rebuilt with care and attention; you can stop collection calls once and for all  (if they keep calling, the Bankruptcy Trustee will sue the debt collectors for you):  and, you save your car or save your home by putting your foreclosure on “pause.”  Detriments: Vacation Homes, Expensive Boats and Luxury Properties cannot always be saved during a bankruptcy; a loss of approximately 100 points from your credit score; and you will be unable to go bankrupt again for 8 years.

What effect does filing bankruptcy have on someone with an active personal injury claim?  The bankruptcy estate may own some portion of your claim. A bankruptcy trustee will work with your personal injury attorney to establish a settlement that benefits the estate and the debtor both.

What distinguishes your firm from all others? The average Bankruptcy attorney will not even appear at his or her clients’ Creditors’ Meeting.  We feel that not appearing with the client leaves the client exposed and unprepared. Instead, we meet with the client prior to the Creditors’ meeting in order to prepare them for questioning and are present during the meeting to provide advice, clarify questions and support our clients. The White Rose Group routinely handles Federal litigation. When a bankruptcy becomes complicated, and litigation results, many bankruptcy attorneys are not qualified or prepared to continue representing their clients.  But our comfort level in the Court room extends to the Bankruptcy Court.  We appear with you and protect your interests every step of the way. We are even able to repair Bankruptcies that have been mishandled by other firms.  www.WhiteRoseLegal.com

Motorcycle Trivia: Harley Davidson 100 Years Ago

2012 marks the 100th anniversary of breaking ground on the construction of the Harley Davidson headquarters and main factory in Milwaukee, Wisconsin.  At the time, the company had been in existence since 1908, but the idea of Harley Davidson actually began in 1901.

For over 100 years Harley Davidson has been an American icon – the ultimate “cruiser” motorcycle.  In fact, by 1917, nearly one-third of all Harley Davidson bikes produced were manufactured specifically for the U.S. Military.  By 1918, that number jumped to over one-half.  In fact, did you know that after the Armistice was signed, Corporal Roy Holtz of Chippewa Falls, Wisconsin, the first American to enter Germany, was riding a Harley Davidson motorcycle?

Discovery is just that—it is an opportunity for both plaintiff’s attorney and defendant’s attorney to learn new facts or verify known facts pertinent to the personal injury case.  It is the beginning of the entire litigation process where both parties get to exchange information that sometimes can change the dynamics or the strategies of each opposing side.

The Process

Discovery begins when the defendant answers the lawsuit and serves a demand for a Bill of Particulars, medical records, reports and authorizations. As plaintiff’s attorney, I would serve a Notice of Discovery and Inspection to the defendant.  Basically, this is a list of the information that I need in order to proceed with the case.  While this is standard practice, you can tell quite a bit about your attorney by how thoroughly he or she handles this phase of the process.

For instance, in an automobile accident case, there is standard information a plaintiff’s attorney would require such as your doctor’s treatment notes, test results, all medical records, accident reports, witness identification, hospital records, and police reports.  Your attorney should have most of this documentation before the lawsuit is filed. However, a good attorney’s job is to dig deeper, and seek out facts that further support a client’s claims.  Sticking only to the basics of Discovery could lead to overlooking significant evidence.  Suppose the person who hit your car and caused your injuries knew his car needed new brakes?  That is something that could have an impact on your case.

The point is, your attorney should use the Discovery Phase to your very best advantage.  Each case is different and Discovery should reflect that. Once Discovery has been served, attorneys on both sides do have the option of objecting to any demands for information they feel is irrelevant or unnecessary.  Although I always hope for a speedy response from the opposing attorney, sometimes he or she will ask for additional time to fulfill my requests.  In that case, I make sure to move things along and push the defense for a timely submission of information.  The court always gets involved by issuing a preliminary conference or case scheduling order where deadlines are set for the completion of document discovery, depositions and medical examinations.  In our next issue, we will discuss the single most important aspect of discovery—the deposition.

What Is A Wrongful Death Suit?

When you lose someone you love prematurely due to someone else’s actions, no one can ease your pain.  But, wrongful death suits at least allow you the opportunity to hold the person responsible accountable for his or her actions, and obtain fair compensation for your family’s financial loss and the conscious pain and suffering endured by your loved one.

A wrongful death suit can have different applications.  For instance, an individual can bring a wrongful death suit for negligence that resulted in the death of a loved one (such as medical malpractice); for a deliberate act that resulted in the death of a loved one; or for recklessness (such as reckless driving) that resulted in the death of a loved one.

Although no amount of money ever could make up for losing someone you love, a wrongful death suit can sometimes help you obtain monetary compensation when you need it the most. In New York state, for example, you may be compensated for any costs you incurred while caring for your loved one including doctor bills, nursing care, hospital care and funeral expenses.

But, in cases involving the city, state or local government, or an entity owned and run by the city, state or local government, you usually have only 90 days from the date of the incident to file a notice of claim.  Therefore, you should not waste any valuable time.

Be sure to bring all important documents with you to your attorney’s office including the original death certificate; the will (if one exists); copies of medical and/police reports; proof of your expenses; the names and addresses of family members; and your loved one’s tax returns.  Additionally, if you have had an autopsy performed, bring a copy of the results with you.

When you select your attorney, be certain that in addition to being a skilled trial attorney, he or she also is someone you feel comfortable with. That is crucial during a time of loss.  At The Noll Law Firm, we insure our clients that we always are there for them – to answer all questions they may have or just talk, if they need to.  We also have access to a trusted group of professionals: estate attorneys, accountants and financial planners that can help you through what is probably the worst time in your life.

New York also allows family members (generally spouses and children) to seek compensation for what you and your loved one might have had in the future such as income your loved one would have earned, benefits, and even loss of companionship.

Where To Begin

If you suspect that someone you love died due to negligence, the first thing to do is speak with an attorney knowledgeable in wrongful death suits.  Keep in mind that in New York, you generally have two years from the time of the incident to file suit.

Interview With David Taylor, Diefendorf Capital

What distinguishes you from the multitude of financial planners in the metropolitan area?

We manage all three dimensions of a family’s wealth: personal, financial and social.  It’s true that for most people financial assets are a critical part of their wealth management, but we have found that integrating one’s personal and social wealth into a multi-generational family wealth plan, is the best way to protect and perpetuate family wealth through multiple generations.

What financial planning advice do you have for the family that lives paycheck to paycheck?

Remember: the success or failure of your savings plan is not predicated on your rate of return, but the methodology behind it!  Most financial decisions come down to exercising good stewardship, whether you have $10m or $1k, the principals stay the same.  Being systematic in making payments, whether it is savings or debt reduction, is a good way to take control: “random behavior equals random results”.  Few people are able to make a one-time savings contribution at the end of the year, but most thrive under a monthly, automated structure.

 Do you have any suggestions for personal injury clients who receive a lump sum award at the end of their case?

Don’t be a statistic!!  Unfortunately when most people receive a lump some of money they squander it within three years.  In a case like this a great deal of thought needs to be applied to present and future income needs and often, the lump sum is just enough to support that.  My advice would be not to make any big purchases or decisions until a comprehensive financial plan has been put together to understand the full financial picture. Contact David at: Diefendorf Capital, 516-759-3900 Ext. 1008, Email: David@DiefendorfCapital.com, Website: https://www.DiefendorfCapital.com

How To Buy The Safest Riding Helmet

When it comes to purchasing a motorcycle helmet, the highest price tag doesn’t always equate with the safest product.  If you’re like me (that is, someone who enjoys the ride, but does not use his bike for everyday transportation), you probably don’t know everything you need to know about helmets. (And, there’s a lot to know.)

For example, some helmets are made of fiberglass, and some of carbon fiber.  There are half helmets, open face helmets, and even skull cap helmets.  There are helmets with and without visors.  And, of course, there are helmets made specifically for men and specifically for women.

When you shop for a motorcycle helmet, the first thing to consider is the right fit.  If your helmet doesn’t fit properly, it certainly won’t protect you.  Make sure it fits securely on your head, and that it is comfortable.

Comfort is key as you don’t need to be adjusting your helmet while you’re riding!  So, try it on and keep it on for a while, just like you do when you invest in a good pair of shoes.  Consider the type of helmet that best suits you—full face, half or skull cap, for example.  For the ultimate in protection, most “experts” recommend the full face helmet with a shield.

Perhaps the most important thing to consider when purchasing a motorcycle helmet is whether or not is is certified by the Department of Transportation. If it isn’t certified by DOT, walk on by.  Of course the aesthetics of your helmet is a question of personal taste, and you’ll find a tremendous variety of designs out there.  Safe Riding!

Q. For those who may not know, please explain what an IME is all about.

A. If you become disabled or injured, one of the things the insurance carrier may demand is that you submit to an Independent Medical Examination, or IME. Most people assume that this medical examination is impartial because the word independent is used in the title. However, that could not be further from the truth. In fact, it would be a lot more accurate to call the exam an Insurance Medical Exam because it is done by, for, and to benefit the insurance company. Unfortunately, insurance carriers are not looking for an independent evaluation.

Q. Who chooses the examining doctors, and who do these doctors work for?

A. Most medical professionals who perform IME’s work for insurance carriers on a regular basis either in a direct relationship with the carrier or with a third-party IME service. This gives them a vested interest in finding disabled or injured claimants healthy and able-bodied – they consider it job security. These medical professionals seek to tell the insurance carriers (their customers) what the insurance carriers want to hear, i.e., that the patient is medically fine and not entitled to disability benefits. They know that if they perform a real independent examination and find the claimant to be disabled or injured, it will lead to less repeat business from the insurance carrier, or carriers. In the end, the IME doctor most often chooses to keep his or her customer happy by giving them what they want – a medical report which supports denying the claim.

Q. What can a client expect during an IME?

A. It usually starts with a record review. Before you have even met the IME doctor, the insurance company already has combed through your medical records,

typically cherry-picking which records to provide to the IME doctor for review. The records are often taken out of context to make it seem as if the claimant’s medical condition isn’t too bad, or that the medical evidence is contradictory or ambiguous. As a result, even if the IME doctor may be inclined towards impartiality, he or she only is provided with controlled information.

Another fairly common practice among some IME doctors is to look for “holes” in your medical record. Something as simple as an accidental omission on the part of your treating physician can result in an IME report that says your medical report does not support your disability or personal injury claim.

The carrier also provides the IME doctor with specific written questions for him or her to answer. And finally, when the exam finally happens, it usually is quite superficial. Most IME’s only last a few minutes – surprising given the length of the IME doctor’s report and the extensive list of clinical testing the doctor supposedly performed.

Q. What other kinds of problems can a client expect from an IME?

A. Added to this already unfair system is the fact that many of these IME professionals often have their own preconceptions and biases about the medical conditions the claimants have. Many IME doctors will dismiss – outright – debilitating illnesses and conditions such as chronic fatigue syndrome and fibromyalgia because these conditions are not easily detectible through CT-scans, MRI’s, or other diagnostic testing. Unlike a treating physician (your doctor) who tends to examine and treat you over an extended period of time, IME doctors see only a snap shot of your medical condition. The most an IME doctor can do is comment on the claimant’s condition on the one occasion that he or she performs the examination on behalf of the insurance carrier.

Q. What happens if you don’t go to the IME exam?

A. You cannot refuse to go to an IME. If you do, there is a high probability that the insurance carrier will deny your claim or cancel your benefits. But, you can be prepared by retaining a knowledgeable attorney at the outset. Our firm, for example, counsels our clients before they go to their IME’s. And, we send a registered nurse from our staff with them to the examinations. That serves two purposes: 1) it tends to relax our clients, and 2) it sends a message to the independent medical professional performing the exam that the client’s law firm is paying attention.

DeHaan Busse LLP focuses on disability law including individual claims, FERS disability claims, VA disability claims and ERISA claims. For more information, visit: www.dehaanbusse.com

It occurred to me that if people knew how to protect themselves before being involved in accidents, and before coming to my office, if and when they ever need my services, the odds of winning or settling their cases successfully would increase significantly in their favor.

Of course, no personal injury attorney could guarantee an easy case or an easy win. But, I am hoping that if you read this book, you will learn how to protect yourself from the common mistakes that most people make which can spell disaster for their personal injury claims.

If you’d like a copy of my book, you can email me at: rnoll@lawnoll.com. Or, you can go to:www.amazon.com to order a copy online.

Remember, insurance companies are not in business to pay you compensation for your injuries

Motorcycle riders need to be even more cautious than drivers. Simply slowing down or making a stop is something you need to be thoughtful about.

For example, if you’re coming to a stop, make sure that you’ve checked out the surface of the road. You will want to beware of rocks, oil spills, or any other materials that could cause you to skid or cause your bike to tip over. Avoid these conditions and look for a part of the road that will allow you the most traction.

Once you’ve decided to park your bike, if you are on the right side of the road, it is safest to dismount from the right. If you’re parked on the left side of the road, it is safest to dismount from the left. When dismounting, shut off the ignition and make sure you’ve parked in the right position. Before you dismount make certain you have checked the road for traffic. You have no idea how many people get injured merely getting off their bikes because they forget to check for passing vehicles.

Simple safety rules can save your life.

Like all accident cases there are two basic elements to the claim. First you must prove liability or fault for the accident. Early and thorough investigation in these personal injury and wrongful death cases is most important. Obviously, in a death case the primary witness, the decedent, cannot describe what happened. You may not be able to prove a case based upon the offending party’s version of the accident. Obtaining the police accident scene investigation and reconstruction analysis is extremely important as is finding and taking statements from any witnesses to the accident.

After proving liability there are two different types of damage claims. The first is for the conscious pain and suffering, if any, experienced by the decedent before the moment of death. Whether it is for one minute or several weeks after the accident, there can be a valid claim for pain and suffering – if it was “conscious”. Many times, a forensic expert is required to analyze the ambulance and emergency room records to establish that the decedent was conscious or aware of his or her injuries before passing away. The next element is the wrongful death claim. New York State has a rather archaic wrongful death statute that only allows an award of damages for pecuniary or financial loss sustained by someone being supported by the decedent. If the decedent was a wage earner but did not provide financial support to anyone then there are no provable damages. Likewise, if the decedent was not providing financial support to anyone, as is often the case for children or elderly people who are killed in accidents, then there is no available claim. Documentation of earnings and activities that could have been compensated for ie: caring for children of the family must be developed and presented during the litigation.

There strict time limits for pursuing wrongful death claims. Early and extensive investigation is a must. If you have any questions or have the unfortunate need to pursue a wrongful death claim call us (516) 307-1199 or email me at rnoll@lawnoll.com.

Acupuncture is a modality used to promote healing and restore health. It is done by inserting very fine stainless steel needles into precise acupuncture points. These points are organized in channels or meridians throughout the body. These meridians mimic our nervous system and therefore the insertion of a needle into an acupuncture point stimulates the release of chemicals such as endorphins from the nervous system, promoting increased blood flow to encourage healing. As a result, acupuncture can be used to treat a wide array of ailments from musculo-skeletal issues to internal disorders.

How does your certification as a Chinese Herbalist enhance the treatment and care of your patients?

Chinese herbs are an important part of Oriental Medicine. In fact, some traditional Chinese practitioners may go as far as to say that if you do not understand the proper use of Chinese herbal formulas then you are not practicing Oriental Medicine at all. This becomes particularly important when treating someone who has many deficiencies, such as in elderly patients or someone who is weak. For example, for someone who is found to be anemic or have a low red blood cell count, it is important to also supplement the body, rather than simply increasing blood flow with acupuncture alone.

Who should seek help from an acupuncturist/Chinese Herbalist?

Because Acupuncture and Chinese Herbs are so successful in treating such a vast number of ailments, you could say that almost anyone can benefit from treatment. Certainly anyone who suffers from pain and decrease joint mobility should seek acupuncture. Also, most internal issues such as anxiety, insomnia, migraine headaches, digestive issues, and women’s health issues can be greatly reduced and often eliminated completely with the treatment of Acupuncture and Chinese Herbs.

How do you distinguish yourself from other acupuncturists?

All acupuncturists are trained in Traditional Chinese Medicine (TCM). In addition to TCM I use a specialized technique which releases trigger points or precise regions of taut bands of muscle. This technique is particularly helpful in resolving mild to severe muscle spasm. I work with my patients to create a goal and help them to achieve it. I tailor my treatments to the individual. We all have different sensitivities and therefore have specific needs. For example, five people can come into my office, all suffering from a headache. The cause and series of additional symptoms may be different for each of them. The patient with a tension headache would not benefit from the same treatment the person suffering from a sinus headache would receive. Making this distinction is crucial for having the best results.

What education and training have you received to become a licensed acupuncturist and herbalist?

I studied Acupuncture and Chinese Herbology at the New York College for Heath Professions on Long Island, New York. The program is 10 trimesters or three and a half years and includes an extensive internship in the last two years. I have studied under some very prestigious medical doctors from China and have extended this expertise to my own patients for the past seven years in Glen Cove, NY.

For more information about acupuncture, or to make an apppointment, contact Christina Moores, Licensed Acupuncturist, 150 Forest Avenue, Ste 201, Glen Cove, NY 11542, 516-676-4267.

Will I have to go to Court? While nearly all cases are settled out of court and before a cross trial begins, some are settled after the start of the trial but before its conclusion. Sometimes, if we feel that the settlement offered is unfair to you, we will try your case, We will hold your hand every step of the way. The successful results we have achieved with past personal injury cases often give our clients the confidence they need to retain our firm.Our track record proves that we fight hard to get you results, whether your case is resolved before, during or after trial.

Why do you so frequently win favorable settlements? Because we always deal from a position of strength, never from a position of weakness. We’re always prepared to go to trial. Defendants know about our years of experience and, sooner or later, understand how well prepared we are. There is no guarantee, of course, but at just the right point in the process, a favorable settlement becomes more likely.

Why can’t my other lawyers handle my case? The practice of law has become very specialized and complex. The law is constantly changing, so it is important to choose an attorney who focuses on the specific area of law you need. Our firm focuses entirely on personal injury law; that’s why we’re successful. The Noll Law Firm devotes our entire practice to recovering damages for people who are harmed because of someone else’s negligence. Other attorneys practicing family law or estate law, for example, focus entirely on those areas. Additionally, other lawyers know our reputation and our record of success. They have the confidence that we will serve you well, and often look to us to handle their personal injury cases.

Will I have to take the witness stand? Will the other lawyer attack me and try to break me down in cross examination? Understand, you are the victim in this case, and we will represent you. The process of winning compensation for what has been done to you should not be painful, and, for the vast majority of plaintiffs, it is not. Courtroom scenes on television are not real life. They are exaggerated for dramatic effect. Even actual televised trials are most often selected because they are sensational. In reality, there is a plaintiff, a defendant, a judge and usually a jury in the courtroom. If the case is tried, the judge and jury are sworn to do what is right. Jurors are people like you, and they do not like lawyers abusing witnesses.

Can I afford your services? You certainly can. We work on a contingency basis. That means you pay no legal fees unless you win an award, either through settlement or trial. We make the full investment of money and time to win justice for you. If we succeed on your behalf, we are paid a percentage of the award, and that sum is regulated by Court rule. We are also reimbursed for our expenses. What is most important is this: we have never lost a case for lack of money or professional time and we never will.

Suppose I’ve been referred by another lawyer or law firm. Does that mean my case is going to cost me more money? You pay the same contingency fee if we win your case, regardless of whether you were referred to us from another lawyer or if you came directly to us. There are cases where both law firms will share the contingency fee, but our clients are not charged an additional fee for that.

Contact The Noll Law Firm for a free case consultation. Call us at 516-307-1199.

Negligence

To understand tort law, first we should examine its different categories. The most common is negligence. This includes automobile or motorcycle accidents, construction accidents, medical malpractice, and “slip and fall” accidents. In these instances, typically there is no intent to cause personal injury. However, if you are harmed as the result of someone else failing to act with reasonable care, the individual or entity responsible for driving that car or motorcycle, owning that construction site or company; performing that medical procedure; or owning that property may be held responsible in a court of law.

Strict Liability

Strict liability, is a subcategory within tort law, and some attorneys focus only on this area. A strict liability lawsuit can be brought against a company if their product (such as an infant’s car seat, for example) fails to work properly and causes personal injury, regardless of the injured person’s contributory actions. Strict liability may also apply to construction site accidents.

Intentional Tort

An intentional tort is a deliberate action on the part of an individual or entity to do harm. For example, two neighbors have a heated argument, and one assaults (punches him in the nose) the other. Criminal charges often follow, and may support a personal injury civil case.

Intentional tort also may include harassment and emotional distress. Recently, we’ve seen many examples of bullying in the news. It has been estimated that nearly 30% of school-age children either are the victims of bullying or are bullies, themselves. And, this is not just “kids’ stuff” any more. Sometimes the victims can become so isolated and depressed that they contemplate suicide or actually follow through with it.

While most of us think of bullying as a schoolyard fight, bullying also includes emotional intimidation and is not limited only to children. Adults can be bullied in the workplace; neighbors can be bullied by their neighbors.

Finally . . .

Tort law is a complicated and highly specialized field of law. If you find yourself the victim of a personal injury, be it as a result of negligence, medical malpractice, or product malfunction; or, if you are injured because someone else intended to do you harm, be certain to do your research and select an attorney who focuses on your specific problem. When an attorney focuses on specific areas of the law, he or she has the experience you need to achieve a successful outcome.