Central New York Injury Lawyer Blog

old and young lawyer.jpgAdvice to a young personal injury lawyer:

Hey there young fella. Look at me! Grey hair is creeping up the side of my scalp. I am within shouting distance of 60-years old. I am now a veteran New York personal injury litigator. My running stride is slower, and aches and pains sometimes plague me, but hey, I’m wiser, too. So listen up young whippersnapper! Here’s a few lessons I’ve learned about life in this high-stress, time-consuming job you’ve chosen.

(1) Keep learning. No matter how good you are, someone else is always better. So be humble. You need to keep learning this trade until the day you die. Never think you know too much.

bicyclists racing.jpgAs a cycling enthusiast, and a New York bicycle accident lawyer, I am proud to have been recently selected by the New York Bicycling Coalition to provide New York bicycle accident advice and information for residents of the New York State counties of Oswego, Madison, Onondaga, Cortland, Cayuga, Oneida, Herkimer, Otsego, Schoharie, Montgomery, & Fulton Counties.

Wait. What is the New York Bicycling Coalition? Glad you asked. Its mission is to ensure that bicyclists in New York State are safe, respected, and fully integrated into the transportation system, and that laws and funding are in place to make it so. They also provide education and advice to bike advocates and groups. In sum, the coalition provides a voice for the interests of people who, like me, ride bikes!

Three other New York bicycle accident lawyers have been selected to cover the other New York Counties. They are:

Picture of Michael Bersani .jpgCan you sue for compensation beyond your workers’ compensation benefits if you are injured on the job in New York? Maybe. Find out how by watching my new video about New York personal injury lawsuits for on-the-job injuries.

Keep safe!

Mike Bersani

Picture of Michael Bersani .jpgThere’s something new at Michaels & Smolak: Personal injury informational videos. I have filmed about 20 so far (but not all are posted yet). Each runs for less than 5 minutes, and usually more like 3 minutes. Check them out here! For example, want to learn how a New York personal injury deposition works? Just click on the video. Want to know what your New York personal injury case is worth? Well, there’s a video for that, too.

Why am I posting these videos? Two reasons: (1) To answer some of my clients’ most common questions about their personal injury and medical malpractice cases and (2) To showcase our intimate knowledge of New York personal injury law to web searchers looking for a Central New York personal injury lawyer.

Filming them was easy. No notes needed. I am talking from memory because I know this stuff so well after nearly 20 years of doing it.

bicyclists racing.jpgYesterday the sun peeked out from its cloudy winter hide-away, prompting me to go for a noon-time run in shorts and a t-shirt. Alas, today winter blasted back, closed our local schools, and kept me at home working from my computer. For my workout today I donned my cross-country skis and traipsed through some nearby woods.

But yesterday got my mind on spring. My daily workout will soon include bicycling. In the good weather, I try to put in at least 150 miles a week on my road bike.

I have a steady companion when I am out on the roads on my bike; fear. Why fear? Because I am a New York bike accident lawyer. Because many of my clients lives have been destroyed by a car or truck. Because one of my cousins was killed on bike last year. And because I personally have had some close calls.

jail.jpgThese days, thanks to the “Innocent Project” and advances in DNA testing, more and more victims of wrongful conviction are able to prove their innocence, even after many years behind bars.

This gets them out of jail, and under certain conditions, arms them with a claim against the State of New York to get money compensation for their nightmare behind bars. In New York, Court of Claims Act section 8-b says the wrongfully convicted can seek compensation from the State if they prove they are innocent and “did not by their own conduct bring about the conviction.” Courts have interpreted this language to mean that someone who falsely confesses to the crime cannot sue for compensation. After all, if you tell the D.A. “yeah, I did it”, you arguably “brought about your own conviction”, right?

Maybe. But that begs the question of why someone would confess to a crime they did not commit. Sounds silly to people who have never been under the grueling pressure of a tough interrogation for hour upon hour. But it makes sense to some of the accused at the time. Lengthy, tough interrogations do something to the human psyche. Sometimes people crack. Some folks have weaker constitutions than others. Especially those with serious mental or psychological problems, or who are too young to know what they were doing.

emergency.jpgIf you were my client, and you read the following headline in our local Central New York Newspaper, the Syracuse Post Standard, what would you do?:

Central New York Injury Lawyer Worst in Nation“.

Or what about this one:

cannibis.jpgMarijuana is now legal for medical purposes in about twenty States and for recreational purposes in two (Colorado and Washington). New York appears poised to follow suit, at least for medical purposes. That makes for a lot of legal pot smoking. But not everyone who wants, or medically needs, marijuana’s effects likes to smoke. So marijuana stores are stocking up on tasty ways for customers to eat their way to that same high, including gummy bears, dew drops, chocolate truffles, and other sweets all laced with mind-altering THC. Some of them contain ten times as much psychoactive THC as a casual pot smoker might take.

So what’s the problem? Once a customer removes these goodies from their carefully labeled “marijuana” bags or boxes, they look just like the sweets commonly available in any grocery store candy aisles. They don’t look like a drug. In fact, they look like pretty tasty treats. They then become an “attractive nuisance” to the unwary and hungry. Small children are especially attracted to the colorful delicious looking candies or chocolates. Unsolicited, unexpected highs are bound to happen.

This is not just a hypothetical problem. The New York Times reports that a growing number of children are seeking treatment after accidentally consuming marijuana. The children, many of them toddlers, are taken to the ER because they seemed strangely sleepy and disoriented.