Central New York Injury Lawyer Blog

In February 1967, a young lady showed up for her first day of work at the Auburn, New York law offices of attorney George M. Michaels, our own Lee Michaels' father. (George is famous in New York - you can look him up on wikipedia). Lee, a young whipper-snapper fresh out of law school, joined the firm about two years later, and Carol has worked with Lee ever since.

But the story goes back further; Lee and Carol went to East Auburn high school together. Carol was two years ahead of Lee. Carol tells the story of how, back then, one of her teachers told the girls, "treat the under classmen well because remember, you could be working for them one day".

Times have sure changed. Today, any teacher who made a statement like that would be accused of rank sexism. But guess what --- that teacher was right! Carol ended up working for Lee for 43 years. And she worked with the rest of us ever since we joined the firm, too. She has been our head secretary and office manager for decades.

On her last day of work recently at the Auburn personal injury law firm of Michaels & Smolak, we decided to take Carol, and the entire office, out to the Sherwood Inn in Skaneateles, to celebrate her outstanding 45 years of loyal service and to surprise her, with a gift. (Carol roundly rejected our desire to give her a retirement party --- way too humble for that). But what do you give someone who clocked in 45 years of dedicated work, who hardly ever missed a day, who usually got to work BEFORE starting time, and who was, to boot, fun to work with? A gold watch? That didn't seem a good fit.

Well, we remembered that Carol had a great time a few years ago when she went on her first cruise with her husband, Jim. So at the Sherwood, we handed her some tickets. Not just any tickets, but for a cruise-for-two through the breath-taking Alaskan seas.

I shot this picture of Carol and Lee at the Sherwood. Does she look 73? I think not. If you see this young, sparky gal, congratulate her and wish her a happy trip, and retirement. She deserves both, and so much more!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

You might find this hard to believe, but my Central New York injury law blog attracts responses and inquiries not just locally, but from afar, too. From how far? Well, for example, in just the last few weeks, I have been contacted by readers in the Philippines, California and Canada, about family members who were injured or killed here in New York State. I have even heard from Europe a few times.

Yes, I receive lots of emails, both from far and near, many asking me to represent them in a New York personal injury, medical malpractice, or personal injury matter. Unfortunately, I can't take all those cases. In many cases, after exploring the facts with my new "pen pal", I learn that the case is weak, or that the injury is too minor to make a lawsuit financially viable. But in every case, I try to give my new friend something for his or her trouble in writing me --- at the very least a good explanation as to why I think their case is not worth pursuing. And often, they thank me for that.

And by the way, the very first thing I always say when I respond to an email inquiry is "Thanks for writing!". Even if I can't accept the case, it is rewarding to know that someone out there is reading these posts! So come on, don't be shy, just tap me a line or two!

Keep safe (and keep reading me)!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Dear friendly insurance adjuster:

Thank you for your recent letter requesting permission to take my injured client's "recorded statement" regarding the accident your insured so carelessly caused. As a Central and Syracuse New York personal injury lawyer, I appreciate all communications with insurance adjusters that might help me resolve my clients' claims. My response is a conditional "yes". I will allow you to take my client's recorded statement only if you allow me to take your insured's recorded statement.

I really doubt, though, that you will agree to this absolutely fair proposal. I have proposed this same "swap" hundreds of times to many different insurance adjusters from all kinds of insurance companies, including yours. So far, no insurance adjuster has agreed to it. They all want to take, but not to give. Haven't they ever learned that it is better to give than receive?

If I were to ask you why you want to take my client's recorded statement, you would say (as all adjusters have always said since the mother of all adjusters first walked the planet) that this will help you "adjust" the claim, that is, figure out how much it is worth so you can settle it with me. (You would emphasis this last phrase). Gosh, that really makes me want to give you that recorded statement!

But the fact that you want a "recorded" statement rather than just an unrecorded conversation with my client indicates to me that you have other purposes. You want to "box in" my client so that your lawyers can later cross-examine him if his later testimony is even a little inconsistent with the recorded statement.

Even so, I really have no problem with this. I am not afraid of what my client might say, since he is an honest, injured client with a legitimate claim. What I do have a problem is the one-way street you insurance adjusters always pave. What's good for the goose is good for the gander, right? Taking a statement from your insured, who caused my client's injury, would also help me "adjust" the claim, that is, figure out how much we should be willing to take in settlement.

Don't take this personally, but you insurance adjusters, though you are often fine people otherwise, have a blind spot for simple fairness.

I am hoping we can settle this case for a fair amount even without recorded statements. But if we can't, I'll see you in Court. In that arena, we will both get to hear the "recorded statements" (sworn testimony recorded by the Court reporter) of both your insured and my client. It will be a fair swap!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Nothing brings Auburn and Cayuga County, NY, together like an attack from outside forces. Just as the ancient Greek city-states came together to fend off attacks from their ancient common enemy, Persia, all of Auburn and Cayuga County recently united to fend off an attack by the National Texas-based Boy Scouts of America. And Michaels & Smolak is proud of its role in that battle. Here's what happened, and what we did about it:

The Texas-based Boy Scouts of America forced the Auburn-based local Cayuga County Council Boy Scouts to "merge" with a larger local council, "Long House" Council, which occupies Onondaga County and other territories to our north. As part of the "merger", the Texas-based Scouts were forcing the transfer all the Cayuga County Council's assets to Long House Council, taking them out of local control. One gem-of-an asset was "Camp Rotary", a 33-acre camp located on the east side of Owasco Lake and used by local scouts since 1910. It was clear, and neither the cash-strapped National Scouts nor the equally economically distressed Long House Council denied it, that once they acquired Camp Rotary, they intended to sell it off to developers for cash. To make matters worse, Camp Rotary sits right next to the Auburn YMCA's "Camp Owasco" and the local Girl Scout Camp. Those groups were not anxious to have development so close by.

So the not-for-profits and good citizens of Cayuga County and Auburn bound their forces to fend off the attack, with the battle cry, "Save Camp Rotary"! Local leaders came to Michaels & Smolak looking for legal representation for the local not-for-profit which held title to Camp Rotary, the Owasco Camp Association. Michaels & Smolak took on the case, stood up to the big national Scouts in Court, and after a year and a half of tough-fought litigation, helped negotiate a settlement that culminated in Auburn's YMCA acquiring the Camp for a relatively small sum of money - $350,000 (it is easily worth over $1 million). It is now saved forever for local youth use! You can read several news reports about the battle here, here and here.

Michaels & Smolak donated approximately $20,000 worth of free legal services in support of this worthy cause. In gratitude, on December 20, 2011, the Cayuga County Legislature issued a "Proclamation" wherein special recognition was given to Michaels & Smolak for their role in saving Camp Rotary.

The Auburn-based Central New York personal injury firm of Michaels & Smolak is proud of their commitment to local charities and causes, and we thank Auburn and Cayuga County for allowing us to serve.

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

As the presidential election campaign heats up, I thought you might want to know where we New York personal injury lawyers stand. Do we favor democrats, like Obama, or Republican like _______ (fill in the blank)?

I won't give you a bunch of crap about us being impartial. We favor democrats hands down. Why? Among other reasons, because many republicans are in favor of tort reform (personal injury lawyers like me call it "tort deform").

But that's just one reason. Republicans, generally speaking, favor corporations and the rich at the expense of the down-trodden and the poor. Many of our clients are down on their luck. They are injured, out of work, dependent on social services, and have a legitimate personal injury claim against a corporation or an insurance company that they hope will help them get their life back on track. Many Republicans want to take away, or sharply curtail, their right to get justice. They belief people should just pull themselves up by their bootstraps, even if they have neither boots nor straps.

It's not that Republicans don't sometimes have good ideas and good motives. They do. And there are a lot of good Republicans out there. Hey, my mom, dad, and two of my five brothers are all Republicans, and they are some of the loveliest people I know.

But generally the philosophy of the Republican Party is inconsistent with the interests of the vast majority of our clients. So sure, we favor democrats, generally.

That being said, I voted for at least two Republicans in my local elections in Geneva, New York a few weeks ago. You have to look at the candidate, not just the party affiliation.

Will I vote for Obama or _____ (fill in the blank)? Uh hem. I haven't decided yet. Do you believe me?

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Guess what? Your Central and Syracuse New York Accident lawyer/blogger has a life (I mean, outside of law). So for today's blog, I am giving my readers a peek at my life.

I love children, all children really, but especially my own. Here's a picture of me volunteering with Boys & Girls Club kids in Geneva --- taking them all for a swim (I do this Friday's after work from November through May).

Now below is a picture of me with my own kids. These kids (Sebastian, 15, and Nico, almost 13) are the best kids on the planet (am I biased?), and not only that, they are stellar students. They became top-notch readers when they found the Harry Potter series years ago. So we are big-time indebted to Harry and his pals.

Ever since Universal Studios opened The Wizarding World of Harry Potter, the boys have been just dying to go. And my wife Alejandra and I have been dying to take them. But it is just too jam-packed with other kids during the school holidays.

Solution? Take them when other kids are in school. Play hooky. Break the law (a little)! It's their reward for many years of stellar academics, and just being great kids.
Universal Studios here we come! Yes, we are playing hooky! Yes, they will miss school for a week! Yes, we have got the assignments with us!

I won't be blogging for the week. Until we meet again, fellow muggles . . . .

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

It's nice to be appreciated. And sometimes clients who appreciate my work write online "reviews" of me. I was flattered and honored to read the following review of my work from a client whose case I recently tried. Here is her review of my work from the attorney rating and review website "AVVO":

Mike Bersani recently represented me in a personal injury lawsuit, which resulted in a settlement on the fourth day of the trial. In meeting with Mike several times before the trial, I sensed he was a competent, kind, intelligent person. On the first day, jury selection, it was obvious what a remarkable individual he is. Not only is he intelligent but he is also one of the most respectful and kind attorneys I have ever had the pleasure of working with. I am in the law enforcement profession and routinely work with attorneys. Mike is in a class by himself. He regarded the court attendants, jurors, witnesses, for both sides, and other attorneys with the utmost kindness and respect. He demonstrated integrity and class in the courtroom. I was extremely impressed by his knowledge of my accident. He knew my case as well as I did. On the fourth day of the trial, a settlement was reached. There were two Defendants in this case, and Mike was able to reach settlements with both parties. One of the Defendants offered a settlement on the first day of the trial, but Mike's awesome presentation of the case resulted in their offer increasing, daily. By the fourth day, both parties were eager to settle for an amount that was considered fair. I am proud to tell others about this amazing attorney and would highly recommend him.

All of us at Michaels & Smolak aim to keep every single client completely satisfied with our services. We appreciate the kind words and devotion of our former clients, and we look forward to satisfying our future clients.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

In the Watertown New York personal injury jury trial I wrapped up this week, I used some technology that I feel really made a difference. It is called "Exhibit View", and is a kind of trial presentation software. You load this program onto your laptop, and then connect your laptop to a projector. You then can project exhibits, for example photos and medical records, onto a screen for the jury to see.

The neat thing is that all the jury sees on the big screen is the exhibit itself, not all the paraphernalia you are using to enlarge, mark and move the exhibits. For example, when you want to highlight a portion of the text in the exhibit, or circle it in red ink, the jury sees the highlighting or red circling magically appear on the screen. They don't see you "grab" the highlighter icon or red "pen" and move them over the text. Only you can see the "tools" you are using on your laptop screen.

Here's an example of how I used it: After the defense attorney had cross-examined my plaintiff regarding a "history" of the accident taken by one of her doctors that was inconsistent with her testimony about how the accident happened, I did a re-direct of her in which I blew up on the screen, one at time, about five entries from other medical records where the "history" accurately reflected my client's account. I was able to highlight, before the jury's eyes, the key entries giving the accurate accounting of the accident. My client testified that each of the entries I was highlighting accurately reflected how the accident happened. So now it became visibly clear that the one "rogue" account of the accident, which defense counsel had made so much of, was due to the doctor's error rather than my client changing her story.

I think having the jury see the medical records, with relevant portions highlighted, on a large screen was far more effective than simply having my client read the entries from the paper exhibits on the stand.

By the way, we do not have any financial or other interest in Exhibit View, so this is not a "plug", but I would recommend it to other personal injury and medical malpractice lawyers who want an easy, cheap, and effective way to project exhibits in the courtroom.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

I just emerged from a week-long personal injury trial in Watertown, Jefferson County, New York. The defendants who injured my client had offered us only about 1/5 of what we felt the value of the case was, so we took it to trial.

Every day, as our proof went in, defendants' offer increased, as we held firm to our number. Yesterday, the second-to-last day of trial, they finally offered us what we had told them the case was worth all along. Case settled.

I would like to think that this result had something to do with my courtroom skills, but the truth is it had more to do with an appealing client and appalling defendants. She is an honest, hardworking single mom who struggled to overcome an injury that was not her fault. They shot themselves in the foot by refusing to accept responsibility for clear negligence on their part.

I wasn't the only one struck by this good guy - bad guy contrast. The few jury members I talked to afterwards confirmed it.

For this New York personal injury lawyer, it sure feels good to be on the right side of the civil justice system.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Ten years ago today I flew into NYC to attend a meeting of the Amicus Committee of the New York State Trial Lawyers Association (NYSTLA). The Amicus Committee, of which I was, and still am, a member, submits amicus curiae ("friends of the court") briefs in important cases on appeal in New York State where the rights of injured people are likely to be greatly affected. I am proud to have been selected to be a member of the Amicus Committee, and to submit briefs to fight for the rights of New York personal injury victims.

But I never made it to that meeting 10 years ago. On the shuttle bus from JFK airport to the midtown tunnel, the guy sitting to my left cried out, "did you see that"?! We all looked. We saw fire and smoke spewing out of a gaping hole in one of the twin towers of the World Trade Center. The man informed us that a plane had just run into the tower. Someone commented, "what an idiot - how could that pilot have failed to see the towers on such a clear day"!

When we emerged from the midtown tunnel and got off the bus in Manhattan, everywhere people were talking about a second plane having struck the second tower. We were under attack. All of us headed to the nearest bar with a TV, and the rest, of course, is history.

The meeting place for my NYSTLA Amicus Committee conference was right next to the World Trade Center, so not only was our meeting canceled, the building that was to accommodate us was evacuated.

Here are my memories from the next 3 days, in stream-of-consciousness form: Fire trucks covered with white dust, but with "we love you!" and "you're our heroes" written in the dust by some unseen hand, heading north, from the Towers, along the Avenues, carrying crest-fallen firemen; people lining the streets to applaud the crest-fallen firefighters as they returned in their dust-covered trucks to their stations as they clearly grieved lost brothers-in-arms; people placing flowers by the firehouses of fallen fire fighters; me walking down as far south as I could, to Canal Street, to the police blockade, and watching the white smoke from the towers slowing drifting towards Brooklyn across the incongruently blue, peaceful sky; trying to give blood at the nearest hospital, and being told that they were at full capacity and could take no more; watching more TV in bars, learning who had attacked us, and then feeling fear and unease (I am ashamed to say) whenever I saw someone who looked Muslim or North African; learning that all the tunnels and bridges in and out of Manhattan were closed, and realizing I was trapped in Manhattan for who-knows-how-long; then days of watching more TV from bars and restaurants, where people were friendlier, and kinder, than I had ever known people to be; finally boarding a train to carry me out of Manhattan, which was so stuffed with standing passengers that it reminded me of the trains I had seen in Nazi war movies carrying Jews to concentration camps; and finally arriving home and hugging, like I had never hugged them before, my wife and two small children.

Peace to all my readers on this 9/11/2011.

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Aw shucks, folks, it was nothin', really . . .

No, wait a minute. We are going to leave all modesty aside for a moment: Here's the news: Michaels & Smolak has been bestowed once again (for 2011) with a "first tier ranking" in U.S. News "Best Lawyers in America" for personal injury litigation firms in the Syracuse, New York metropolitan area.

Inclusion in Best Lawyers is based entirely on peer review (they ask other lawyers and judges about us). Other lawyers are asked this question; "If you could not handle a case yourself, to whom would you refer it?" Lawyers are asked to give nominees 5-1 numerical grades - 5 for a lawyer the voter would certainly refer a case to, 4 for a lawyer the voter would probably refer a case to, etc. Those with only the very highest "grades" make it to the list of "Best Lawyers in America".

Michaels & Smolak is one of only a handful of Central New York personal injury law firms who made the "first tier" ranking.

So if other lawyers - including insurance defense lawyers we take on every day of the week --- think we are so great ---- hey, maybe we are!

Wait. I just remembered. Bragging is not cool. Sorry about that.

Aw shucks folks, it was nothin', really . . .

Keep safe (and hire a GOOD law firm)!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Boring. That's what reading medical records is. I've been reading and re-reading 15 years of medical records for a client whose case I am trying in a few weeks. Cup of coffee? Yes, Thanks. Yes, boring. Dry. Dull. It's a sure fire insomnia cure. So why do I do it?

Necessary. This is one job that can't be delegated to a paralegal or associate. If you are a New York personal injury lawyer, and you are going to try your client's injury case, you have to know, almost by memory, the medical records. And that means you have to read and re-read them. No shortcuts.

Your paralegal might give you a nice summary, or might highlight important entries. But if you are trying the case, you simply have to read them. Absorb them. Know them. Imbedded in these records is the story of your client's injury, which you must bring to life before the jury's eyes.

Especially where you are claiming an aggravation of a pre-existing condition, you simply can't afford to have any entries regarding the old injury come up as a surprise at trial. If you are not ready for them, they can bite you in the . . . .

I think I'll grab another cup of coffee , , ,

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Although I haven't been to the New York State Fair yet this year, I read in the Syracuse Post Standard about an interesting - at least for a Syracuse New York personal injury lawyer like myself- exhibit. It's called "Safety Town", a creation of the New York State Office of Fire Protection. Check it out in the Science & Industry Building.

It consists of four interactive dioramas with push buttons that illuminate common hazards created by careless living. For example, the diorama "the House of Hazards" shows true-to-life tableaus of common household dangers caused by unsafe choices:; a hot iron teeters dangerously on top of the refrigerator about to fall on small child's head; a man sleeps with a lit cigarette dangling from his mouth; a girl plays with matches in a closet; candles are burning next to curtains blowing in the wind; and paper items are placed on a hot stove where food cooks unattended.

Since this exhibit is put on by firefighters, it emphasizes fire hazards, but other common negligence-created dangers are also represented (Example: Dad is about to step on a stray roller skate). In fact, the exhibit is chock full of all kinds of negligence-created hazards. It seems like an amusing cascade of accidents-waiting-to happen.

Yes, it looks pretty entertaining. But its purpose obviously goes beyond mere entertainment. It is to instruct us, or at least remind us, of how to live safely, something that, as a Syracuse New York accident lawyer who sees close up the result of negligent behavior, I am all in favor of! So I take my hat off (not to be left near a hot stove) to the New York State Office of Fire Protection.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

New York personal injury cases can take weird twists and turns, sometimes for the better, and sometimes for the worse. Here's one that took a dramatic turn for the better, twice!

A client was badly, really badly, injured in an upstate New York car crash. But the at-fault driver (who was also the owner) of the car was insured for only $100,000, and all the evidence about him (where he lived, the type of vehicle he was driving, etc.) indicated he would have no significant assets beyond the insurance policy.

So I called my client into my office to give him the bad news: It looked like $100,000 was all that was available to compensate him for his terrible loss, including past and future medical expenses, a lifetime of lost wages, and a large dose of lifetime pain and suffering. You can't get water from a rock, and this negligent driver looked like a really, really dry rock.

But as I sat there with my client explaining this to him, a small fissure cracked open in the dry rock, and water began to gush out. Here's how: The client bitterly mentioned that the driver of that other vehicle seemed more concerned about the safety of the "bovine sperm" he was carrying in the back of his pickup than about my client's injuries at the scene. The driver actually mentioned that he was checking to see if the bovine sperm was secure. This was a glimmer of hope to me. Could this driver have been on-the-job transporting the sperm for some someone else ? If so, the employer would also be liable, and that would mean more insurance coverage.

But it seemed unlikely; the police report did not mention an employer, and the pickup truck, as depicted in the police photos, did not display any logo or company name. It was just a plain pickup truck. And the driver himself, not some corporation, owned the vehicle.

So I wrote the driver's insurance adjuster and asked her to ask the driver. And lo and behold, turns out the guy was on-the-job for a livestock sperm distribution company.

I then sued the driver and the employer. During the course of the lawsuit, I demanded to know the employer's insurance policy limits. The lawyer for the company disclosed a $1,000,000 policy. After I got several favorable rulings on the case (summary judgment on liability and on the issue that the injury was "serious"), I demanded the full $1 million policy limit (I had already gotten my client the $100,000 from the driver's policy).

Then more water began to gush out of the fissure. The lawyer wrote back saying that he had discovered an additional insurance policy for $10,000,000, which he had accidentally overlooked the first time!

Now I am drafting a truly fair settlement demand that will compensate my seriously injured New York car accident victim for every last dime he is entitled to for his past and future medical expenses, past and future lost wages, and lifetime of pain and suffering.

As I said at the outset, New York personal injury lawyers are used to strange twists and turns in our cases. But two big turns for the good in a row are as rare as they are welcomed.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169

Hey Mr. tough guy. You had a really good New York car accident case after that car pummeled you from behind. It was all his fault. You were just minding your own business waiting for light to turn green when --- bang! --- that bozo ran right into you. Then your head snapped back and forth like a bobblehead doll gone bonkers.

A Central and Syracuse New York car accident lawyer like me could probably could have gotten that bozo's insurer to pay you some good money for all you have been through --- the pain, the pills, the physical therapy, the trigger point injections, and the future almost certain fusion surgery. But you blew it. How? You refused medical treatment at the scene, and then tried to tough it out for a month before you finally dragged your butt into a doctor's office.

Now the insurance adjuster won't pay your claim. This is how she is thinking: This guy's neck pain can't have been caused by the car accident because he never sought medical treatment, or complained about pain, until a month after the accident. If he were hurt in the accident, he would have immediately, or at least the next day, gone to the hospital. If I take this case to trial, I can probably get the jury to believe he decided to milk his neck pain for all its worth by saying it started right after the accident when in fact it did not start until a month later and had nothing to do with this car accident.

Mr. Tough guy, next time you get clobbered in your car, or on your motorcycle, or wherever, especially if it is someone else's fault, don't take any chances. Don't assume you can tough it out, that it will get better on its own. If some part of you hurts, for Christ's sake, get to an E.R. and get it checked out. You are not in a good position to judge the seriousness (or lack of seriousness) of your injury. Leave that to the professionals. The extent of your injury might not become fully apparent until later. If you check out fine, all you have lost is a few hours in the E.R. instead of being home watching T.V. And a lot of E.R.'s have T.V.'s! And aside from protecting your health, you get the side benefit of having documented that your pain started when you were struck. Then the insurance adjuster won't be thinking you are scamming her, or that she can convince a jury you are scamming her. She knows, and I know, that jury's are very skeptical of personal injury claimants like you.

Now get ready for trial because your case won't settle. And take some extra pills with you --- you will be sitting in the courthouse all week.

Keep safe!

Mike Bersani

Email me at: bersani@michaels-smolak.com I'd love to hear from you!

Michael G. Bersani, Esq.
michaels-smolak.com
Central NY Personal Injury Lawyer
Michaels & Smolak, P.C.

1-315-253-3293 Toll Free 1-866-698-8169