Personal Injury FAQs

Question 1

The insurance adjustor wants me to sign off on my medical claims. Should I sign the papers and accept their offer

NO. Most insurance companies know that you are a little dazed and confused right after your traffic accident. They would like to take advantage of this and have you sign your rights away. Don’t do it! Don’t sign anything until your vehicle is repaired, all of your injuries are healed and you have spoken with a lawyer.

Question 2

How soon after I am injured do I have to file a lawsuit?

Every state has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as ninety (90) days to file a claim after an accident. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury.

Question 3

Do I have a lawsuit? Do I really have a personal injury claim?

This is a difficult question to answer without knowing all of the facts and circumstances involved. First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else’s fault. The success of a case will depend on the specific facts involved and the laws of the jurisdiction or region where the incident occurred. Generally, if you can show that the party responsible for your injuries was negligent and violated some duty of care (e.g., causing a car accident or making a dangerous product), then you probably have a claim against that party for the amount of damages you have sustained.

Question 4

How much do you charge for your legal services?

Our fee is contingent on the outcome of your case. That is, if a recovery is obtained for you, our fee is a percentage (usually one-third) of the amount collected. No attorney fees will be paid if there is no recovery. However, the law requires that a client is ultimately responsible for the costs incurred. In most cases, our office will advance all costs necessary to pursue your claim so you will not have to pay any money up front. Costs are then paid out of the recovery at the conclusion of your case.

Question 5

I was in an accident that was not my fault. The other driver does not have insurance. Will using my own insurance to cover my property damage and medical bills increase my insurance rates?

In most states if you are not at fault for an accident, your insurance company cannot raise your rates, cancel your coverage or fail to renew you.

Question 6

Can I handle my accident case and settlement without the help of a lawyer?

Yes you can. There is no law that says you can’t. But settlements are all about information. To get a good settlement, you must gather the right information and use it to your advantage at the right time during negotiations. That’s what a lawyer does best. Before you handle your settlement yourself, you need to know what information to use and when. Lawyers that specialize in accident cases deal with injuries and insurance companies everyday.

Question 7

What happens if I was injured in a collision caused by an uninsured driver?

You may have a claim for uninsured motorist (UM) benefits under your own policy. If you make a UM claim, your own carrier has the right to use all defenses that the other driver may have had against you. Many people make the mistake that they will be treated better by their own insurance company. This simply is not true. Your insurance carrier will be allowed to assert all defenses available to the at-fault driver, and the carrier almost always does. A UM claim therefore creates an adversarial relationship between you and your own insurance carrier. It is wise to retain an experienced attorney before asserting a UM claim. As can be expected, your own carrier will NOT be looking out for your interests (even though you are its insured!). Instead, your insurance carrier will be looking for ways to pay out as little money as possible, despite what your injuries are worth. In the event you do not have UM coverage, you may have no other means of obtaining fair compensation for your injuries. This is why you should always carry UM coverage, preferably with limits of at least $100,000.

Question 8

I’m confused about the different types of coverage listed on my automobile insurance policy — what exactly is BI, UM and PIP (No-fault) coverage?

BI stands for “bodily injury.” This type of coverage will pay claims for injuries you negligently cause to another person as a result of the use of your car. New York state law requires that every driver to carry insurance for bodily injury with policy limits of at least $25,000. UM/UIM stands for “uninsured motorist” or “underinsured motorist” coverage. If you are injured by a negligent driver who does not have liability insurance (or inadequate liability insurance), you may make a claim against your own insurance carrier if you have UM coverage. When you make a UM claim, your insurance carrier “stands in the shoes” of the negligent driver and is permitted to assert all defenses that this driver may have had against you (e.g., failure to wear a seat belt, failing to yield, etc.). PIP stands for “personal injury protection.” PIP, more commonly know as No-Fault in New York, pays for your reasonable and necessary medical expenses, as well as lost wages, regardless of who is at fault for the collision. PIP is included by law in every policy of automobile insurance written in the State of New York.

Question 9

What is a Contingency Fee?

When you hire a lawyer the legal fee that you are charged will either be based on an (a) hourly fee or (b) a contingent fee. Contingency fees are most common in personal injury and accident cases where the fee paid to the attorney is “contingent” upon you obtaining a monetary recovery. Typically the contingency fee will be a percentage of the judgment or monetary settlement obtained on your behalf.

Question 10

What are the most common playground injuries?

Playground injuries are most common in children ages 5 to 9. Children between these ages are more likely to have to be taken to the emergency room due to the injuries they receive.

The most common playground injuries of children who visited the emergency room are severe fractures, internal injuries, concussions, dislocations and amputations.

Deaths caused by playground injuries usually occur due to strangulation or falling from playground equipment.

Also, according to the Center for Disease Control and Prevention (CDC) a study done in New York City found that low income areas had more playground injuries related to poor maintenance than higher income areas. Playground injuries in New York City low income areas were mostly due to trash, rusty playground equipment and broken playground equipment.

Question 11

What is the most common injury in motorcycle accidents?

The most common injury in motorcycle accidents are leg injuries. Other common injuries sustained by people involved in motorcycle accidents are brain injuries and spinal cord injuries.

Question 12

What are the most common injuries caused by a car accident?

There are many types of injuries that you can sustain from a car accident. While some injuries may be minor when involved in a car accident there are also many life threatening injuries that may occur. The most common injury caused by car accidents is whiplash followed by back injury, head and brain trauma, spinal cord injury and knee injury.

Question 13

How can I prevent my child from getting bit by a dog?

There isn’t anything that can guarentee that your child won’t get bit by a dog but there are a few dog safety tips you can instill in your children to prevent them from getting bit by a dog. The Center for Disease Control and Prevention (CDC) recommends these rules:

Do not approach an unfamiliar dog
Do not run from a dog or scream
Remain motionless
If you are knocked down by a dog, roll into a ball and stay still with your hands over your ears
Do not let your child play with a dog unless they are being supervised by an adult
Report any stray dogs or any dogs that display any unusual behavior
Avoid direct eye contact with unfamiliar dogs
Do not disturb a dog when it is sleeping, eating or caring for puppies
Let a dog sniff you before you pet it
If your child is bit by a dog let them know to report the bite to an adult immediately so they can receive proper medical attention

If your child has been bitten by a dog contact New York dog bite attorney Frank Dito.

Question 14

What should I do if I’m attacked by a dog?

If you are attacked by a dog try to put something between you and the dog to avoid it biting you such as a jacket, purse or any other object around you. If the animal knocks you onto the ground you should curl up into a ball, put your hands over your ears and try to remain completely motionless.

Question 15

What should I do if I think I may get attacked by a dog?

If you are placed in a situation where you think you may get attacked by a dog follow these rules:

Do not scream
Do not run
Avoid eye contact with the dog
Once the dog loses interest in you, slowly back away from the dog

Question 16

What is the Statute of Limitations for a Staten Island car accident?

In New York, you must bring a lawsuit within three (3) years from the date of the car accident. Although you have three years, it is important that you contact a lawyer right away to help you with your accident claim.

Question 17

My daughter was injured by a hit and run driver on Staten Island. The police never caught the driver and my daughter fractured her leg. Can we sue anyone for her injuries? How will we pay her medical bills?

Yes. If you or a relative you live with owns a car, your daughter will be entitled to No-Fault benefits through your or your relative’s insurance policy. He or she will also be able to claim uninsured motorist benefits against that insurance company to compensate her for her injuries. If you don’t own a car, in New York State, a claim can be made to the Motor Vehicle Accident Indemnification Corporation (MVAIC). Your daughter will be entitled to No-Fault benefits as well as be able to recover for her pain and suffering. However, the time to do so is extremely limited by law so it is important that you contact my law firm immediately.

Question 18

How much is my Staten Island accident case worth?

Unfortunately, there is no magic formula which will help you to arrive at that answer. Through years of experience handling personal injury cases, our firm has gained the knowledge of what similar injuries are worth. Although each case that comes into my office is at least slightly different, we can identify a range in which your injuries are valued once your medical treatment stabilizes and your injuries become apparent.

The largest portion of a personal injury award is for the pain and suffering you have endured. Since you and only you experience the pain resulting from your injuries, it is very difficult to quantify financially because it is so subjective. In determining the range, we take into account your injuries, the impact that they have had on your life, whether they are permanent and what medical treatment will be needed in the future, the extent and duration of your medical treatment and prior jury verdicts or arbitration awards. In calculating damages, we also take into account if you had to pay for your medical treatment and if you lost time from work.

Question 19

Do I really need a lawyer to represent me in my accident case?

While you don’t need a lawyer to represent you in your accident case, you can be rest assured that the insurance company will have professionals working for them. The insurance adjusters have experience in dealing with accident cases everyday and know how to try and settle your case for as little money as possible. Personal injury lawyers specialize in handling only accident cases and know the true value of your injuries. Even after deducting the lawyer’s fee, studies have shown that you will recover more money being represented by an attorney than you would if you represented yourself. Accident cases are filled with pitfalls that you must be aware of to ensure a successful outcome. In certain cases, there are specific rules that even some attorneys are not aware of. The failure to follow these rules may prevent you from recovering any money for your injuries. So although you don’t need a lawyer, you should always consult with an experienced attorney to advise you of your legal rights.

Question 20

I fell on my bottom and was told that I broke my coccyx. What is the coccyx and what can I do for it?

The coccyx, or tailbone, is the triangular bony structure located at the bottom of the spinal column. It is composed of three to five bony segments held in place by joints and ligaments.

A coccyx or tailbone injury results in pain and discomfort in the tailbone area (the condition is called coccydynia). These injuries may result in a bruise, dislocation, or break (fracture) of the coccyx. Although they may be slow to heal, the majority of coccyx injuries can be managed with conservative treatment.

The majority of coccyx injuries occur in women because the female pelvis is broader, and the coccyx is more exposed.

Coccyx injuries are often extremely painful, so home care is aimed at controlling pain and avoiding further irritation to the coccyx.

Avoid sitting down for long periods of time. When seated, sit on hard surfaces and alternate sitting on each side of the buttocks. Also, lean forward and direct your weight away from the tailbone.
For traumatic injuries, apply ice to the tailbone area for 15-20 minutes, four times a day, for the first few days after the injury.
Use ibuprofen, or a similar pain medicine, as directed on the label, for pain control.
You can purchase a “doughnut” cushion or pillow to sit on. This cushion has a hole in the middle of it to prevent the tailbone from contacting the flat surface.

If you experience unusual pain or bleeding, call your doctor immediately!

Question 21

What does it mean to Abey my workers compensation case?

The workers’ compensation board will allow you to refile your case and order that an Examiner is to review the case by a specified future date.

Question 22

My child was bit by a dog in Staten Island and was severely injured the doctors are even saying she may need reconstructive surgery.

Reconstructive surgery can help repair the part of your child’s body that was affected by the dog attack whether it is a facial laceration, forehead laceration, torn eyelid, lip laceration or a laceration on your child’s hand, foot or any other part of their body. During the surgery the surgeon will try their best to re-attach or reconstruct your the wounded area. Sometimes reconstructive surgery can leave visible scars depending on the severity of the dog bite for this there are options such as scar cream or plastic surgery if you wish to do so.

Question 23

List of diet pills that were recalled for not listing dangerous ingredients

The diet pills that were listed in the recall by the FDA for not listing dangerous ingredients are listed below along with a the dangerous “missing drugs” from the diet pill label:

2 Day Diet – sibutramine
2 Day Diet Slim Advance – sibutramine
2x Powerful Slimming – sibutramine
3 Day Diet – sibutramine
3 Days Fit – sibutramine
3x Slimming Power – sibutramine, phenytoin
5x Imelda Perfect Slimming – sibutramine
7 Day Herbal Slim – sibutramine
7 Days Diet – sibutramine
7 Diet – sibutramine
7 Diet Day/Night Formula – sibutramine
8 Factor Diet – sibutramine, phenolphthalein
Eight Factor Diet – sibutramine
21 Double Slim – sibutramine
24 Hours Diet – sibutramine, phenolphthalein
999 Fitness Essence – sibutramine
BioEmagrecim – fenproporex, fluoxetine, furosemide
Body Creator – sibutramine
Body Shaping – sibutramine
Body Slimming – sibutramine
Cosmo Slim – sibutramine
Extrim Plus – sibutramine, phenytoin
vExtrim Plus 24 Hour Reburn – sibutramine
Fasting Diet – sibutramine
Fatloss Slimming – sibutramine, phenolphthalein
GMP – sibutramine
Herbal Xenicol – cetilistat
Imelda Fat Reducer – sibutramine
Imelda Perfect Slim – sibutramine, phenolphthalein
JM Fat Reducer – sibutramine
Lida DaiDaihua – sibutramine
Meili – sibutramine
Meizitang – sibutramine
Miaozi MeiMiaoQianZiJiaoNang – sibutramine
Miaozi Slim Capsules – sibutramine
Natural Model – sibutramine
Perfect Slim – sibutramine
Perfect Slim 5x – sibutramine, phenolphthalein
Perfect Slim Up – sibutramine
Phyto Shape –rimonabant
Powerful Slim – sibutramine
ProSlim Plus – sibutramine
Reduce Weihgt – sibutramine
Royal Slimming Formula – sibutramine, phenolphthalein
Sana Plus – sibutramine
Slim 3 in 1 – sibutramine
Slim 3 in 1 Extra Slim Formula – sibutramine
Slim 3 in 1 Extra Slim Waist Formula – sibutramine
Slim 3 in 1 M18 Royal Diet – sibutramine
Slim 3 in 1 Slim Formula – sibutramine
Slim Burn – sibutramine
Slim Express 4 in 1 – sibutramine
Slim Express 360 – sibutramine
Slim Fast – sibutramine
Slim Tech – sibutramine
Slim Up – sibutramine
Slim Waist Formula – sibutramine
Slim Waistline – sibutramine
Slimbionic – sibutramine
Sliminate – sibutramine
Slimming Formula – sibutramine
Somotrim – sibutramine
Starcaps – bumetanide
Super Fat Burner – sibutramine
Superslim – sibutramine, phenolphthalein
Super Slimming – sibutramine
Trim 2 Plus – sibutramine
Triple Slim – sibutramine
Venom Hyperdrive 3.0 – sibutramine
Waist Strength Formula – sibutramine
Xsvelten – sibutramine
Zhen de Shou – sibutramine, phenolphthalein

Question 24

How much does a personal injury lawyer cost?

Personal injury lawyers do not usually charge you anything until your case is settled. A personal injury lawyer will normally meet with you before taking your case to evaluate whether or not you have a legitimate case against the person you are starting a lawsuit against. If the injury attorney feels as if you have a win-able case they will have you sign a retainer statement. Once your injury case is settled the attorney will usually get 33 1/3% of the amount you are compensated from the case and will also take out any additional charges you incurred during the time of the case (such as charges for copies of medical records, expert witnesses ect.).

Keep in mind that not all injury attorneys have a no cost policy during the time your case is going on the way our firm does and you should always review their policies prior to signing a retainer statement. Some injury law firms may charge you for costs you incur throughout the case but may not lay out the money for you in the same way we described we do in the previous paragraph. They may actually charge you upfront for all costs – because of this always keep in mind to ask questions before signing any papers with a lawyer.

Question 25

What Pontiac vehicles were recalled recently?

2009, 2010 Pontiac Vibe

Question 26

What Lexus were recalled recently?

2007, 2008, 2009, 2010 Lexus ES 350
2006, 2007, 2008, 2009, 2010 Lexus IS 250 and IS 350
2010 HS250h

Question 27

Which Toyota vehicles were included in the recent recall?

2005, 2006, 2007, 2008, 2009, 2010 Avalon
2007, 2008, 2009, 2010 Camry
2009, 2010 Corolla
2008, 2009, 2010 Highlander
2009, 2010 Matrix
2004, 2005, 2006, 2007, 2008, 2009, 2010 Prius
2010 Prius Plug in Hybrid
2009, 2010 RAV4
2010 Sai
2008, 2009, 2010 Sequoia
2005, 2006, 2007, 2008, 2009, 2010 Tacoma
2007, 2008, 2009, 2010 Tundra
2009, 2010 Venza

Question 28

What should I do if I get into a car accident while I am pregnant?

If you are involved in a car accident while you are pregnant no matter how far along you are, visibly injured or not, you should contact your health care provider right away or go to the nearest hospital.

Question 29

How can I determine if my child’s toy has been recalled?

Recalled toys can be very dangerous causing problems from lead poisoning to lacerations to choking. You can determine if your child’s toy has been recalled by using the following steps as a guide:

Stay informed – The only way you will know if your child’s toy may have been recalled or not is by taking steps to making yourself aware of recalled products. A few ways you can keep an eye out for toy recalls is by signing up to a website (such as the Consumer Product Safety Commission site) or blog that offers recall announcements, watching the news or reading the news online incase a recall is announced, or fill out a product card (this is a card that is sometimes sold with children’s products and toys – you fill out a postcard and mail it in to the company and if the product is ever recalled they are supposed to contact you to inform you).
Check the name and model number – Usually when a toy recall is announced the model number is announced with the recall. The model number can usually be found on the toy itself but where exactly on the toy the model number is located will vary depending upon what type of toy it is. If it is a plush toy it may be located on a tag whereas if it is a hard plastic to it may be imprinted onto the toy itself.
Call the manufacturer or place of purchase – The majority of the time that a recall is issued you will want to contact the manufacturer of the product in order to find out how you are to be refunded for the product or if there is a fix for the recalled toy. In some instances though the manufacturer may be out of business and the recall may have been issued directly from the Consumer Product Safety Commission. In this case stores who sell the product usually will deal directly with the recalled toy and you should contact them.
Call an injury lawyer – This step should only be taken if your child has been injured or has become ill because of a recalled toy. If this is the case contacting an injury lawyer will help you understand what your rights are against the manufacturer of the toy.

Question 30

How do I know if my Toyota has been recalled?

Toyota has a section on their website where you can enter your VIN to find out if your vehicle has been recalled and what repairs it needs.

Question 31

My Toyota was recalled, what is the number for the Toyota Consumer Affairs Department?

The number for Toyota’s consumer affairs department is 800-331-4331.

Question 32

How long do I have to file a lawsuit that involves negligence?

In New York you have up to three years (3 years) to file a lawsuit that has to do with negligence having to do with a motor vehicle accident, slip and fall, trip and fall, dog bite or other similar situation before the statute of limitations runs out.

Question 33

I do not have enough money to pay a personal injury lawyer but was injured by another persons negligence and want to start a lawsuit. What should I do?

There are many law firms throughout New York City that offer a form of representation where the client does not have to pay for the injury attorneys until their case is won. At these type of law firms no money comes out of your pocket for settling your case until the case is settled and the attorney takes their fee out of the money.

Question 34

How much money will it cost me to start an injury lawsuit in New York?

New York injury lawyers are usually paid based on a contingency based fee which is 33 1/3% of the settlement amount plus whatever expenses need to be paid on your behalf to settle your case.

Question 35

I was involved in a car accident in New York and have been trying to collect money from the insurance company for years now but feel like I am getting no where. What should I do?

Being involved in a car accident with injuries can make the period of time to collect from the insurance company from the accident seem like an eternity. When you are unable to work because of your injuries, have medical bills piling up and are waiting for the person at fault’s insurance company to settle your claim but they are taking a long time or have denied your claim or are offering you a significantly lower amount than what you feel as if you deserve you should contact a Staten Island car accident lawyer to speak on your behalf to the insurance company. Insurance companies know that attorneys are experienced in car accident law and will be able to not only settle your case quicker but often times are able to recover more money from the insurance company than if you had not hired an attorney.

To speak with Frank J. Dito Jr. Staten Island car accident attorney, contact The Law Offices of Frank J. Dito, Jr. for more information about your case – 718-701-2776. We will contact you to set up a free consultation.

Question 36

What is Leandra’s Law?

Leandra’s Law, also known as the Child Protection Passenger Act, is a driving law in New York State. The law was named after an 11 year old girl who died in a car accident in 1999 when she and seven other children were riding with her friends mother who was driving drunk. The mother who was directly the cause of the car accident and the death of Leandra Rosado now faces manslaughter charges.

Leandra’s Law is a New York driving law that includes the following provisions:

Automatic felony against a drunk driver who is driving with a child 15 years old or younger in the car; and
Sets the blood alcohol content (BAC) at 0.08

Question 37

My doctor has told me that in order to try and stop my neck pain, he is recommending that I undergo a procedure to “burn” the nerve. What is he talking about?

The medical term for this procedure is called Radio-Frequency Ablation, or RFA, where your doctor will cauterize the nerve or nerves that they believe is causing the pain. The procedure involves heating up the nerve tissue with the electrical current produced by a radio wave. The procedure is not a permanent solution as the nerves will begin to regenerate within 6-12 months. At that point, you will have to have the procedure repeated. Besides the immediate pain relief, which up to 70% of patients experience, if an individual nerve can be identified as causing your pain, the doctor will then be able to focus future treatment on the specific area.

During RFA, you will be administered local anesthesia and your doctor will then insert a small needle into the area where you are experiencing pain, using an x-ray as a guide. Once the doctor identifies the general area, he will then insert a small electrode to begin to stimulate the area to determine if they are operating on the correct nerve tissue. Once the doctor identifies the correct area, a radio frequency current is sent to the area, causing the tissue to heat up. You do not feel any pain during this process.

Question 38

I was in an accident just a few days after I picked up my new car. My insurance company is offering me less money (actual cash value of the car) than I owe to the bank. Am I responsible for the difference?

The difference between the amount that your insurer pays you and the amount that is owed to the bank on your loan is known as GAP. In New York, the law does not require that gap insurance or a gap waiver be offered to you.

In many new car leases in New York, such as those from Honda, Ford, Hyundai and GM, gap coverage is automatically included in your lease. For leases outside of New York, gap coverage may not be included.

If you financed your vehicle through the car company or a bank, gap coverage may not be automatically included. Instead, the car dealer must notify you, by a separate document, that you would be liable for the gap.

Make sure that your lease or financing agreement includes gap insurance or a waiver. That is the time when you need to buy coverage, if it’s not already included. If you did not have gap coverage and were in an accident, the only way that you would be able to make up the gap would be to start a lawsuit against the other person’s insurance company.

Question 39

What is considered “trauma” during an accident?

Trauma or, more commonly referred to as, an injury refers to any body damage due to physical damage or impact. The degree of the injury or trauma can range from mild to limb threatening or life threatening.

Question 40

What are Stage 4 bed sores?

Stage 4 bed sores are the most serious and advanced stage. A large-scale loss of skin occurs, along with damage to underlying muscle, bone, and even supporting structures such as tendons and joints. If not treated immediately, serious infection will occur.

Question 41

What are Stage 3 bed sores?

Stage 3 bed sores is when the damage has extended to the tissue below the skin, creating a deep, crater-like wound.

Question 42

What are Stage 2 bed sores?

Stage 2 bed sores is when some skin loss has already occurred. The wound is now an open sore that looks like a blister or an abrasion, and the surrounding tissues may show red or purple discoloration.

Question 43

What are stage 1 bed sores?

Stage 1 bed sores are a persistent area of red skin that may itch or hurt and feel warm and spongy or firm to the touch. Stage I sores are superficial and go away shortly after the pressure is relieved and proper medical care is administered.

Question 44

I was injured in a car accident and the other insurance company is not admitting fault. What can I do?

If you were injured in a car accident and the other insurance company is not admitting fault but you believe that you were not at fault and then were you will want to contact an experienced car accident lawyer to review your case. This will entail reviewing the police report and any other evidence you have from the car accident scene. The lawyer will also review your any reports from the doctor or hospital dealing with your injuries. Depending on who is at fault based on the information the lawyer may be able to proceed with filing a lawsuit against the insured and the insurance company for compensation for your injuries and damages to your car.

Question 45

How much money should I receive from the insurance company for a back injury from a car accident in New York?

Back injuries from a car accident can vary in severity and can be to many different places in the back. These factors will also determine how much compensation you deserve for your back injury. Insurance companies sometimes offer less for injuries than what they should. Before accepting any settlement offers it is important to speak with an experienced injury lawyer to determine if the amount you are being offered for your back injury is sufficient. If it is not a sufficient amount it may be in your best interest to hire an injury lawyer for your back injury case.

Question 46

How much compensation should I receive from an insurance company for a neck injury from a car accident in New York?

Neck injury settlement amounts can vary depending on what part of neck the injury was to and how severe the injury is. This is something that is determined on a case by case basis in order to figure out how much you should be receiving for your neck injury. Insurance companies usually try to offer the lowest amount possible for injuries to save their company money. It is important that you speak with an experienced injury lawyer before accepting a settlement amount from an insurance company to make sure the amount you are being offered is a good settlement amount.

For more information on neck injuries from a car accident in New York continue reading here.

Question 47

How much compensation should I received from an insurance company for a head injury resulting from a car accident in New York?

A head injury from a car accident in New York can vary in regards to how much compensation should be given for a head injury. The amount can vary depending on the severity of the injury and what part of the head the injury is to. Insurance companies usually offer the lowest amount possible for injuries so it is important to speak with an experienced car accident injury lawyer in your area to help you determine if the amount the insurance company is offering is a good amount. If not you may benefit by hiring an injury lawyer who is experienced in car accident cases to help you obtain the most money possible for your head injury.

Question 48

How much money should I receive from the insurance company for a knee injury from a car accident in New York?

A knee injury from a car accident can range in severity so it depends on what part of the knee was injured and how badly the knee was effected by the injury. Generally if an insurance company is offering you a settlement amount for a knee injury it is important that you speak with an experienced car accident lawyer to determine if the amount of compensation for the knee injury is a sufficient amount. Often times insurance companies will try to take advantage of people when they know a lawyer is not involved and will try to offer you the lowest settlement amount for your injury possible. Hiring an injury lawyer may increase the amount of money you receive for your injury.

Question 49

Should I accept the amount of money the insurance company is offering for my injuries from a car accident?

If you were injured in a car accident you may want to consider having your case reviewed by a personal injury lawyer in your area. A personal injury lawyer specializing in car accident cases will be able to help you determine if the amount the insurance company is offering your for you injuries is enough compensation for the injuries you sustained. Often times insurance companies will offer injured parties less than what they are really entitled to just to try to settle the case quick and with the least amount of money going out of the insurance company’s pocket. Hiring an injury lawyer with knowledge of how insurance companies work will allow you to get a higher settlement amount from the insurance company.

Question 50

What is a traumatic brain injury?

A traumatic brain injury is a form of acquired brain injury which usually occurs when a sudden trauma causes damage to the brain. Traumatic brain injuries can result when a violent blow to the head occurs or if an object pierces the skull and enters the brain tissue. Symptoms of a traumatic brain injury range depending on if the traumatic brain injury is moderate or severe. Traumatic brain injuries are very time sensitive in the sense that depending on how soon a person experiencing severe trauma to the head receives medical attention may depend on the severity of the traumatic brain injury. Treatment for a traumatic brain injury may vary depending on the severity of the injury to the brain.

Question 51

What is a traumatic brain injury (TBI)?

A traumatic brain injury (TBI) occurs when an external force traumatically injuries the brain. Traumatic brain injuries are normally classified into different categories based on how the traumatic brain injury occurred. Below is a list of different types of traumatic brain injuries:

Open head injury
Closed head injury
Deceleration Injury
Chemical/Toxic Injury
Hypoxia (Lack of Oxygen)
Tumors
Infections

Question 52

What health problems do PCBs cause?

Health problems caused by PCBs are as follows according to the Environmental Protection Agency (“EPA”):

Cancer – Data strongly suggests that PCBs are probable human carcinogens
Immune effects – Probable issues including decrease in size of the thymus gland, reductions in the response of the immune system following a challenge with red blood cells, a decreased resistance to Epstein-Barr virus and other infections, susceptibility to pneumonia and viral infections.
Reproductive effects – Potentially serious effects on the reproductive system such as a reduction in birth weight, reduction in conception rates, reduction in gestational age, reduction of live birth rates, and a reduction in sperm count.
Neurological effects – Potential issues such as deficits in neurological development, including visual recognition, short-term memory and learning. These effects can present themselves due to exposure of ones self to PCBs or may present itself through the birth of a child by a person who was previously exposed to PCBs.
Endocrine effects – Potential decrease in thyroid hormone levels
Other possible effects – Possible elevation in blood pressure, serum triglyceride, and serum cholesterol

Question 53

What other names were PCBs sold under and what other products contain PCBs?

Alternate names PCBs or products containing PCBs were sold under:

Aceclor
Adkarel
ALC
Apirolio
Apirorlio
Arochlor
Arochlors
Aroclor
Arubren
Asbestol
ASK
Askael
Askarel
Auxol
Bakola
Biphenyl, chlorinated
Chlophen
Chloretol
Chlorextol
Chlorinated biphenyl
Chlorinated diphenyl
Chlorinol
Chlorobiphenyl
Chlorodiphenyl
Chlorphen
Chorextol
Chorinol
Clophen
Clophenharz
Cloresil
Clorinal
Clorphen
Decachlorodiphenyl
Delor
Delorene
Diaclor
Dicolor
Diconal
Diphenyl, clorinated
DK
Duconal
Dykanol
Educarel
EEC-18
Elaol
Electrophenyl
Elemex
Elinol
Eucarel
Fenchlor
Fenclor
Fenocloro
Filotherm
Hydol
Dyrol
Hyvol
Inclor
Inerteen
Inertenn
Kanechlor
Kaneclor
Kennechlor
Kenneclor
Leromoll
Magvar
MCS 1489
Montar
Nepolin
No-Flamol
NoFlamol
Non-Flamol
Olex-sf-d
Orophene
PCB
PCB’s
PCBs
Pheaoclor
Phenochlor
Phenoclor
Plastivar
Polychlorinated biphenyl
Polychlorinated biphenyls
Polychlorinated diphenyl
Polychlorinated diphenyls
Polychlorodiphenyl
Polychlorodiphenyl
Prodelec
Pydraul
Pyraclor
Pyralene
Pyranol
Pyroclor
Pyronol
Saf-T-Kuhl
Saf-T-Kohl
Santosol
Santotherm
Santothern
Santovac
Solvol
Sorol
Soval
Sovol
Sovtol
Terphenychlore
Therminal
Therminol
Tubinol

For additional information about the toxicity of PCBs continue reading in our PCB section.

Question 54

What do PCBs look like?

The appearance of PCBs ranges from a thin, light colored liquid to yellow or black waxy solids.

For additional information regarding the toxicity of PCBs continue reading on our website.

Question 55

What were common uses of PCBs used prior to being banned?

Common places PCBs were used prior to being banned in 1979 were in the following places:

Transformers and capacitors
Other electrical equipment including voltage regulators, switches, reclosers, bushings, and electromagnets
Oil used in motor and hydraulic systems
Old electrical devices or appliances containing PCB capacitors
Fluorescent light ballasts
Cable insulation
Thermal insulation material including fiberglass, felt, foam, and cork
Adhesives and tapes
Oil-based paint
Caulking
Plastics
Carbonless copy paper
Floor finish

For additional information about over-exposure to PCB’s continue reading our PCB section.

Question 56

Is overexposure to PCBs linked to autism?

There have been studies done that show that overexposure to PCBs can cause learning disabilities and may even cause autism. Animals tested in recent studies show that those that were exposed to higher amounts of PCBs led to poorer learning ability and an over-activity in the part of the brain responsible for memory. There are also studies that directly link PCBs to “brain plasticity” which is related to schizophrenia, mental retardation, and autism.

A specific test conducted by the University of California San Francisco in 2007 showed in a study on rats that PCBs directly affect the same part of the brain that is affected by autism. The study suggests that PCB toxins causes problems in the auditory cortex which is the part of the brain that deals with language and speech.

For additional information about health problems caused by overexposure to PCBs continue reading more information about PCBs on our site.

Question 57

Is overexposure to PCBs linked to cancer?

Yes. Studies have shown that there is a high possibility that overexposure to PCBs causes cancer or at least increases a persons chances of getting cancer.

For additional information about PCBs continue reading our PCB page.

Question 58

Am I experiencing post-traumatic stress disorder (PTSD) or is it just a normal response to the accident?

Determining whether or not you are experiencing symptoms of post-traumatic stress disorder (PTSD) can some times be difficult.

Often times people experience some type of symptoms of PTSD after a traumatic experience such as an accident but the symptoms go away a short amount of time after the accident. Feeling as if your safety or trust was broken, feeling disconnected, numb, or angry, or finding it hard to stop thinking about the traumatic event are all normal reactions to abnormal events such as an accident. These feelings normally last from a few days to a few weeks but eventually they should decrease and disappear. It is not normal to continue experiencing these feelings without a decrease for a period past a few weeks. If this occurs you may be experiencing PTSD.

It is important to seek help from your doctor and other medical professionals if you do feel as if you have post-traumatic stress disorder.

Question 59

I was a victim of a hit-and-run accident; I don’t have any insurance – who will pay my medical bills?

If you were the victim of a hit-and-run driver in New York State, you may be eligible for medical benefits through the Motor Vehicle Accident and Indemnification Corporation, or MVAIC as its more commonly known. MVAIC was set up to help protect innocent victims of financially irresponsible car owners.

A claim would be made to MVAIC just as you would if you were in an accident with another car. MVAIC will pay for your medical treatment and lost wages according to the No-Fault regulations, as well as compensation for your injuries, up to $25,000.00. In order to be eligible for benefits, you must report the hit-and-run accident to the police within 24 hours, unless it would be physically impossible to do so. Failure to timely report the claim may prevent you from receiving any benefits that you may have been entitled to.

Question 60

I received a letter saying that my case is referred for Conciliation. What does that mean?

Conciliation is a Workers’ Compensation Board process established to resolve issues involving non-controverted claims in an expeditious and informal manner in which it is expected that you will receive no more than fifty-two weeks of benefits. If through concillation, you fail to reach an agreement, the case will be scheduled for a formal hearing.

Question 61

I was hurt on a cruise ship – what should I do?

To many client’s surprise, your cruise ship’s ticket package gives you the ability to board the ship but it also takes away some of your important legal rights. In New York State, for example, you normally have three (3) years from the date of your accident to file a lawsuit and you can file that lawsuit in almost any court where you live. Your cruise ship ticket package severely limits your time in which to file a lawsuit against the cruise ship company to one (1) year from the date of the accident. You also are required to bring your lawsuit in the federal or state court’s of Florida, where most of the major cruise ship companies are based, regardless of where you live. Many lawyers are unaware of these unfair provisions contained in the cruise ship ticket package and can cause you to miss out on any potential recovery that you would have made for your injuries. Although unfair, the court’s have upheld these provision as perfectly legal. What it really does is insulate the cruise ship companies, big business to the State of Florida, from the cost of their negligence.

Question 62

I was in an accident with a police car in New York- What should I do?

In New York, the law allows police to speed, run red lights and stop signs and even drive on the opposite side of the street as long as they are responding to a call with their lights and siren’s on.

Section 1104 of the Vehicle and Traffic Law relieves the driver of a police car from the duty to obey the otherwise-applicable rules and regulations governing the movement of vehicles, but does not relieve the driver from “the consequences of his reckless disregard for the safety of others.”

Question 63

What to do if “lawyers” call you after an accident?

New York law prohibits in-person or telephone contact unless the recipient is a close friend, relative, former client or existing client. The law also prohibits any form of communication relating to an incident involving potential claims for personal injury or wrongful death that are disseminated before the 30th day after the date of the incident, unless a filing must be made within 30 days of the incident, in which case no unsolicited communication shall be made before the 15th day after the date of the incident.

These ethics rules were put in place to protect you when you are most vulnerable and may not be able to make the best decisions. If a lawyer calls you after you have had an accident, don’t engage them. It is your right to report that lawyer to the local ethics committee for violation of the anti-solicitation rules and to help put an end to this practice. Personal injury attorneys are not well-known for the help that they provide to injured victims and attorneys that solicit injured people only adds to that reputation.