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Social Security Disability Claims in Buffalo, NY: What to Know

Mon, 13 Apr 2026 12:30:01 GMT

Social Security Disability Claims in Buffalo, NY: What to Know

Social Security Disability claims in Buffalo, NY require legal assistance to navigate complex federal requirements and help applicants secure the benefits they deserve for disabling medical conditions.

When a serious illness or injury prevents you from working, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) provide vital financial support. But the application process is complicated, and many initial claims are denied. Understanding how the system works improves your chances of approval.

If you're looking for help with a disability claim near me, working with an experienced attorney can make all the difference.

What Is the Difference Between SSDI and SSI?

The difference between SSDI and SSI is that SSDI is based on your work history and payroll taxes, while SSI is a need-based program for individuals with limited income and resources.

SSDI pays benefits to workers who have earned enough work credits through years of employment. The amount you receive depends on your earnings history. To qualify, you must have a medical condition that prevents you from working for at least 12 months or is expected to result in death.

SSI provides monthly payments to disabled individuals who have little or no income, regardless of work history. This program has strict asset and income limits, and eligibility is determined by financial need as well as disability status.

How Do You Apply for Disability Benefits?

You apply for disability benefits by submitting an application online, by phone, or in person at a Social Security office, along with detailed medical records and work history documentation.

The application asks for information about your medical conditions, treatments, doctors, and how your disability affects your daily activities. You'll need to provide medical records, test results, and statements from your healthcare providers.

Social Security reviews your application and determines whether your condition meets their definition of disability. They use a five-step evaluation process that considers your ability to work, the severity of your condition, and whether you can perform other types of work. For individuals hurt at work, workers' compensation services in Lockport, NY may provide additional support if your disability stems from a job-related injury.

Many applications are denied on the first try. Common reasons include insufficient medical evidence, missing information, or claims that the condition isn't severe enough to prevent work.

What Happens If Your Claim Is Denied?

If your claim is denied, you have the right to appeal through a multi-level process that includes reconsideration, a hearing before an administrative law judge, and further appeals if necessary.

The first step is requesting reconsideration within 60 days of the denial. A different examiner reviews your case and any new evidence you submit. If denied again, you can request a hearing before an administrative law judge, which is your best chance to overturn the decision.

At the hearing, you and your attorney present testimony and medical evidence. The judge asks questions about your condition and work limitations. Having legal representation increases your chances of winning because your lawyer knows what evidence the judge needs to see.

If the judge denies your claim, you can appeal to the Social Security Appeals Council and, ultimately, to federal court.

How Does Buffalo's Economic Landscape Affect Disability Claims?

Buffalo's economic landscape affects disability claims through a mix of manufacturing, healthcare, and service jobs that present distinct physical and mental health challenges for workers seeking benefits.

The decline of heavy industry in Buffalo left many older workers with limited job skills. When these workers become disabled, they struggle to prove they can't transition to sedentary work, which is a key part of the Social Security evaluation.

Healthcare and education sectors dominate the local economy now, but these jobs also involve physical and emotional stress. Nurses, home health aides, and teachers face high rates of back injuries, repetitive strain, and burnout-related conditions. For those dealing with broader injury claims, personal injury services in Niagara Falls, NY provide support for accidents that may lead to long-term disability.

Viola, Cummings, & Lindsay, LLP, Niagara Falls Office guides clients through every step of the Social Security Disability process. Begin your claim today by calling 716-285-9555.

Motorcycle Accident Legal Assistance in North Tonawanda, NY

Sat, 14 Mar 2026 12:30:04 GMT

Motorcycle Accident Legal Assistance in North Tonawanda, NY

Motorcycle accident legal assistance in North Tonawanda, NY provides specialized support for injured riders pursuing compensation for medical bills, property damage, and injuries caused by negligent drivers.

Riding a motorcycle offers freedom and excitement, but it also comes with serious risks. Motorcyclists are more vulnerable than drivers in enclosed vehicles, and accidents often result in severe injuries. When a careless driver causes a crash, you deserve full compensation for your losses.

If you're searching for legal help near me after a motorcycle accident, choosing an attorney who understands the unique challenges riders face is critical.

What Are Common Causes of Motorcycle Crashes?

Common causes of motorcycle crashes include drivers failing to see motorcycles, left-turn collisions, lane-splitting accidents, road hazards, and impaired or distracted driving.

Many drivers simply don't notice motorcycles, especially at intersections. A driver turning left across traffic may cut off an oncoming rider, causing a high-speed collision. These accidents often result in serious injuries because the rider has little time to react.

Road conditions that barely affect cars can be deadly for motorcycles. Potholes, gravel, wet pavement, and uneven surfaces cause riders to lose control. In some cases, government entities responsible for road maintenance can be held liable.

Distracted driving is another major factor. Drivers texting, adjusting the radio, or talking on the phone fail to see motorcycles until it's too late.

How Is Fault Determined After a Motorcycle Accident?

Fault is determined after a motorcycle accident by investigating the crash scene, reviewing police reports, analyzing witness statements, and examining vehicle damage and road conditions.

Your attorney collects evidence to prove the other driver's negligence. This includes photos of the accident scene, skid marks, traffic camera footage, and testimony from people who saw the crash.

Police reports provide important details, but they aren't always accurate. An experienced lawyer knows how to challenge incorrect conclusions and gather additional evidence to support your version of events.

Insurance companies often try to blame motorcyclists for accidents, claiming they were speeding or driving recklessly. Your lawyer fights these unfair stereotypes and ensures the true cause of the crash is recognized. If you've been hurt in another type of accident, personal injury services in Niagara Falls, NY offer comprehensive representation for all negligence claims.

Can You Recover Compensation If You Weren't Wearing a Helmet?

You can recover compensation even if you weren't wearing a helmet, but New York law may reduce your award if the lack of a helmet contributed to your injuries.

New York requires all motorcyclists to wear helmets. If you weren't wearing one and suffered a head injury, the insurance company may argue that your injuries would have been less severe with a helmet. This can reduce your compensation under the state's comparative negligence rules.

However, not wearing a helmet doesn't eliminate your right to recover damages for other injuries. Broken bones, road rash, and internal injuries are not affected by helmet use, and you can still pursue full compensation for those harms.

What Road Conditions in North Tonawanda Create Hazards for Riders?

Road conditions in North Tonawanda that create hazards for riders include freeze-thaw cycles causing potholes, railroad crossings, and heavy truck traffic on industrial routes.

North Tonawanda's location near the Niagara River and Erie Canal means roads endure harsh winters and rapid temperature changes. Potholes form quickly and can throw a rider off balance or damage a motorcycle's suspension.

Railroad tracks cross several major streets, and the metal rails become slippery when wet. Crossing tracks at an angle can cause a tire to slip into the groove, leading to a crash. For riders injured on unsafe property, slip and fall services in North Tonawanda, NY address premises liability issues that may overlap with roadway accidents.

Viola, Cummings, & Lindsay, LLP, Niagara Falls Office helps injured motorcyclists fight for the compensation they deserve. Request your case evaluation at 716-285-9555.

Construction Injury Legal Services in Corning, NY: Key Facts

Thu, 12 Feb 2026 12:30:01 GMT

Construction Injury Legal Services in Corning, NY: Key Facts

Construction injury legal services in Corning, NY offer specialized support for workers hurt in job site accidents, helping you navigate workers' compensation and pursue additional claims when safety violations occur.

Construction work is one of the most dangerous occupations. Falls from scaffolding, equipment malfunctions, electrical shocks, and collapsing structures cause serious injuries every year. When you're hurt on a construction site, you face medical bills, lost income, and uncertainty about your future.

Finding experienced legal help near me ensures you understand all your rights and options for recovery.

What Causes Most Construction Site Accidents?

Most construction site accidents are caused by falls from heights, struck-by incidents involving equipment or materials, electrocutions, and trench collapses or caught-between hazards.

Falls are the leading cause of construction deaths. Workers fall from ladders, scaffolds, roofs, and unprotected edges when safety equipment is missing or used incorrectly. Employers are required to provide guardrails, safety nets, and personal fall arrest systems.

Struck-by accidents happen when vehicles, cranes, or falling objects hit workers. Poor site organization, lack of barriers, and inadequate training contribute to these incidents. Electrocutions occur when workers contact live wires or use faulty tools near power sources.

Do You Have Rights Beyond Workers' Compensation?

You have rights beyond workers' compensation if a third party's negligence contributed to your injury, such as equipment manufacturers, subcontractors, or property owners not directly employing you.

Workers' compensation covers your medical bills and partial wages, but it doesn't compensate you for pain and suffering or punitive damages. If someone other than your employer caused your injury, you can file a personal injury lawsuit against that party.

For example, if a defective piece of machinery caused your injury, the manufacturer may be liable. If another contractor's careless actions led to your accident, you can pursue a claim against that company. These third-party claims can provide significantly more compensation than workers' comp alone. For broader injury claims, personal injury services in Niagara Falls, NY handle complex cases involving multiple liable parties.

How Does New York's Labor Law Protect Construction Workers?

New York's Labor Law protects construction workers through strict liability provisions, particularly sections 240 and 241, which hold property owners and contractors responsible for fall and safety violations regardless of fault.

Section 240, known as the Scaffold Law, imposes absolute liability on owners and general contractors when workers are injured in falls or falling object accidents. You don't need to prove negligence; you only need to show that proper safety devices were not provided.

Section 241 requires compliance with specific safety regulations. Violations of these rules create a presumption of negligence, making it easier to win your case.

These laws give construction workers stronger protections than most other injured employees. An attorney who understands New York Labor Law can maximize your recovery.

What Construction Trends in Corning Affect Job Site Safety?

Construction trends in Corning include renovation of older commercial buildings, expansion of healthcare facilities, and infrastructure projects that introduce unique hazards like asbestos exposure and confined space risks.

Renovating historic structures often involves working in tight spaces, dealing with outdated electrical systems, and handling hazardous materials like lead paint and asbestos. These conditions require specialized training and protective equipment.

Healthcare construction projects demand strict infection control and coordination with active medical operations, increasing the complexity and risk of accidents. For workers hurt in other settings, slip and fall services in North Tonawanda, NY address premises liability cases that overlap with construction site conditions.

Viola, Cummings, & Lindsay, LLP, Niagara Falls Office stands with construction workers injured on the job. Plan your consultation by calling 716-285-9555 today.

How Personal Injury Services in Niagara Falls, NY Protect Your Rights

Mon, 02 Feb 2026 18:33:50 GMT

How Personal Injury Services in Niagara Falls, NY Protect Your Rights

Personal injury services in Niagara Falls, NY provide comprehensive legal representation to help you secure compensation when someone else's negligence causes harm to you or your family.

When an accident disrupts your life, you need a legal team that understands New York injury law. Whether you're dealing with medical bills, lost wages, or physical pain, the right attorney helps you navigate the claims process and holds responsible parties accountable.

Finding legal help near me means choosing a firm that knows local courts and insurance practices in Western New York.

What Does Personal Injury Representation Include?

Personal injury representation covers legal assistance for accidents caused by another party's negligence, including gathering evidence, negotiating settlements, and filing lawsuits when necessary.

Your attorney investigates the circumstances of your injury. They collect medical records, witness statements, and accident reports to build your case. This process requires attention to detail and knowledge of what evidence matters most in court.

Legal teams handle communication with insurance companies on your behalf. Insurers often try to minimize payouts, but experienced lawyers know how to counter low settlement offers and push for fair compensation.

When Should You Contact a Personal Injury Attorney?

You should contact a personal injury attorney as soon as possible after an accident to preserve evidence and protect your legal rights under New York's statute of limitations.

Waiting too long can hurt your case. Physical evidence disappears, witnesses forget details, and legal deadlines approach. New York law gives you a limited window to file most injury claims, so early action matters.

Even if you're unsure whether you have a case, a consultation clarifies your options. Many injuries seem minor at first but develop complications later. If you've been hurt in Lockport or anywhere in the region, workers' compensation services in Lockport, NY or personal injury help can guide your next steps.

How Does the Claims Process Work in Niagara Falls?

The claims process in Niagara Falls involves filing a claim with the at-fault party's insurance, documenting all damages, and negotiating for a settlement that covers your medical expenses and other losses.

Your lawyer starts by filing a formal claim that outlines the accident, your injuries, and the compensation you're seeking. This document sets the foundation for negotiations.

Insurance adjusters review the claim and often respond with a lower offer. Your attorney evaluates whether the offer is fair based on your medical costs, future treatment needs, and lost income. If negotiations stall, filing a lawsuit becomes the next step.

Most cases settle before trial, but having an attorney prepared to go to court strengthens your bargaining position.

What Local Factors Affect Injury Cases in Niagara Falls?

Local factors in Niagara Falls include winter weather hazards, high tourist traffic near attractions, and specific municipal codes that can influence premises liability and accident claims.

Winter ice and snow create dangerous conditions on sidewalks, parking lots, and roadways. Property owners and municipalities have responsibilities to maintain safe conditions, and failure to do so can lead to liability.

The heavy tourist presence near the falls and surrounding attractions increases pedestrian and vehicle traffic. Accidents involving out-of-state visitors can complicate claims, especially when determining jurisdiction and applicable insurance policies. If you need support for another type of accident, motorcycle accident services in Buffalo, NY offer specialized help for riders injured on Western New York roads.

Viola, Cummings, & Lindsay, LLP, Niagara Falls Office helps injured clients throughout the area recover the compensation they deserve. Schedule a consultation today at 716-285-9555.

Understanding Workers' Compensation Claims in Lockport, NY

Mon, 02 Feb 2026 18:33:49 GMT

Understanding Workers' Compensation Claims in Lockport, NY

Workers' compensation claims in Lockport, NY provide injured workers with expert legal help to secure proper benefits for workplace injuries and ensure compliance with New York State labor regulations.

Getting hurt on the job can leave you worried about medical bills and lost paychecks. Workers' compensation is designed to cover your treatment and replace part of your wages while you recover. But the claims process is often confusing, and mistakes can delay or reduce your benefits.

When you need help with a workplace injury near me, working with a knowledgeable attorney protects your rights and keeps the process moving forward.

What Benefits Does Workers' Compensation Provide?

Workers' compensation provides medical treatment coverage, partial wage replacement during recovery, and benefits for permanent disabilities resulting from workplace injuries.

Medical benefits cover doctor visits, hospital stays, surgeries, prescriptions, and rehabilitation services related to your injury. You don't pay out of pocket for approved treatment.

Wage replacement typically covers about two-thirds of your average weekly earnings while you're unable to work. The exact amount depends on your injury classification and earnings history. For serious injuries that cause lasting impairment, you may also receive compensation for permanent partial or total disability.

How Do You File a Claim in Lockport?

You file a claim in Lockport by reporting your injury to your employer immediately, seeking medical treatment, and submitting required forms to the New York Workers' Compensation Board within legal deadlines.

Tell your supervisor or manager about your injury as soon as it happens or as soon as you realize a condition is work-related. New York law requires you to notify your employer within 30 days to protect your right to benefits.

Your employer should provide you with claim forms. Fill them out completely and accurately. Missing information or errors can cause delays. Once submitted, the Workers' Compensation Board reviews your case and schedules hearings if disputes arise. For guidance on workplace accidents in construction, construction injury services in Tonawanda, NY can help you navigate complex job site claims.

Can Your Employer Deny Your Claim?

Your employer or their insurance carrier can challenge your claim if they dispute that the injury occurred at work or question the severity of your condition.

Denials happen for several reasons. The insurer may argue your injury didn't happen on the job, that it resulted from a pre-existing condition, or that you missed filing deadlines. Sometimes they claim the medical evidence doesn't support your need for benefits.

If your claim is denied or disputed, you have the right to appeal. An attorney can represent you at hearings before the Workers' Compensation Board, present medical evidence, and cross-examine witnesses to strengthen your case.

Many workers accept reduced settlements without realizing they're entitled to more. Legal representation ensures you understand your options.

What Lockport Industries See the Most Workplace Injuries?

Lockport industries with the most workplace injuries include manufacturing, warehousing, healthcare, and agriculture due to physical labor demands and equipment hazards common in these sectors.

Manufacturing plants involve heavy machinery, repetitive motions, and exposure to chemicals. Workers in these environments face risks of crush injuries, burns, and repetitive strain conditions.

Warehouses and distribution centers see high rates of back injuries, falls from heights, and forklift accidents. The fast pace and physical demands increase the chance of mistakes and injuries. If you're injured in a related field, slip and fall services in North Tonawanda, NY address premises accidents that occur in commercial and industrial settings.

Viola, Cummings, & Lindsay, LLP, Niagara Falls Office represents injured workers throughout the Lockport area. Start your claim review by calling 716-285-9555.

Medical Malpractice Legal Representation in Tonawanda, NY Explained

Mon, 02 Feb 2026 18:33:47 GMT

Medical Malpractice Legal Representation in Tonawanda, NY Explained

Medical malpractice legal representation in Tonawanda, NY helps victims of medical negligence hold healthcare providers accountable and pursue compensation for injuries caused by substandard care or diagnostic errors.

You trust doctors, nurses, and hospitals to provide safe and effective treatment. When that trust is broken by careless mistakes or poor judgment, the results can be devastating. Medical malpractice occurs when a healthcare professional's actions fall below the accepted standard of care and cause harm.

If you've been injured by a medical error near me, understanding your legal options is the first step toward justice and recovery.

What Qualifies as Medical Malpractice?

Medical malpractice qualifies when a healthcare provider's negligence causes injury, including misdiagnosis, surgical errors, medication mistakes, or failure to obtain informed consent for procedures.

Not every bad outcome is malpractice. To have a valid claim, you must show that the provider failed to meet the standard of care that a competent professional would have provided in the same situation. This often requires expert testimony from other doctors who can explain what should have happened.

Common examples include failing to diagnose cancer in time, performing surgery on the wrong body part, prescribing the wrong medication, or ignoring test results that show a serious condition.

How Is Medical Negligence Proven in Court?

Medical negligence is proven in court by establishing a doctor-patient relationship, showing the provider breached the standard of care, and demonstrating that the breach directly caused measurable harm.

Your attorney works with medical experts who review your records and provide opinions on whether the care you received was appropriate. These experts compare your treatment to what a reasonably skilled provider would have done under similar circumstances.

Evidence includes medical records, lab results, imaging studies, and testimony from witnesses who observed your care. Your lawyer also documents your injuries, treatment costs, and the impact on your life to calculate damages.

New York law requires detailed proof, so building a strong case takes time and expertise.

Which Types of Medical Errors Happen Most Often?

The most common medical errors include diagnostic mistakes, surgical complications, medication errors, birth injuries, and delays in treatment that allow conditions to worsen.

Misdiagnosis or delayed diagnosis of serious conditions like heart attacks, strokes, and cancers can be life-threatening. When doctors fail to order the right tests or misinterpret results, patients lose critical time for effective treatment.

Surgical errors range from operating on the wrong site to leaving instruments inside the body. Anesthesia mistakes can cause brain damage or death. For patients recovering from any serious accident, understanding your rights is essential; personal injury services in Niagara Falls, NY offer comprehensive support for a wide range of harm caused by negligence.

Medication errors include prescribing the wrong drug, incorrect dosages, or failing to check for dangerous drug interactions. These mistakes happen in hospitals, pharmacies, and doctors' offices.

How Do Tonawanda Healthcare Facilities Impact Malpractice Claims?

Tonawanda healthcare facilities impact malpractice claims through hospital policies, staffing levels, and the mix of local clinics and larger regional medical centers that serve the community.

Smaller community hospitals may have fewer specialists on staff, which can lead to delays in diagnosis or treatment. Patients are sometimes transferred to larger facilities in Buffalo for complex care, and errors can occur during handoffs between providers.

Staffing shortages and high patient volumes increase the risk of mistakes. Overworked nurses and doctors are more likely to overlook critical symptoms or make judgment errors. If your injury involved a workplace element, workers' compensation services in Lockport, NY can assist with overlapping claims when medical treatment is tied to a job-related incident.

Viola, Cummings, & Lindsay, LLP, Niagara Falls Office provides compassionate representation for medical malpractice victims across Western New York. Connect with our team at 716-285-9555 to discuss your case.

Navigating Workers’ Compensation Medication Denials: A Guide to Your Rights and Remedies

Thu, 08 Feb 2024 13:41:26 GMT

Navigating Workers’ Compensation Medication Denials: A Guide to Your Rights and Remedies

When an employee sustains a workplace injury, access to appropriate medical treatment is vital for a speedy and effective recovery. However, there are instances where workers' compensation claims, specifically those related to medication, face denials. In this blog post, we'll delve into the common reasons behind medication denials and outline the steps you can take to address this issue and secure the treatment you need.

Understanding Medication Denials:

Workers' compensation medication denials can occur for various reasons, often leaving injured workers without the necessary prescriptions to manage pain, reduce inflammation, or promote healing. Common reasons for medication denials include:

Formulary Restrictions: The NYS Workers’ Compensation Board has implemented a Drug Formulary requiring all physicians to follow for prescribing medication. Your doctor must start by prescribing a medication that is listed as a First Line medication for your medical needs. If the doctor prescribes a Second Line medication without a medication being trialed from the first line of medications, the request will be denied.
Lack of Medical Necessity Documentation: Insufficient documentation regarding the medical necessity of the prescribed medication can be a reason for denial. Your doctor must provide clear and comprehensive evidence supporting the medical necessity for the prescribed medication.
Treatment Outside of Work-Related Injury Scope: If the prescribed medication is deemed unrelated to the work-related injury, the insurance company may deny coverage. It's essential to establish a direct connection between the medication and the workplace incident.

Medication requests are governed by the New York State Drug Formulary. Providers must request access from New York State in order to gain access to the system. Many medications contained in and consistent with the Formulary do not require prior authorization from the Insurance Carrier. All other requests for medications must be submitted through a Medical Portal between the Physician’s office and the Insurance Company. The initial request through the Portal is a Level 1 request. The Insurance company will review the request and can either approve or deny the request. If approved, the medication will be available for pickup at your pharmacy.

If the request is denied by the insurance carrier at Level 1, it is sent to a Level 2 review by a medical professional in the employ of the Insurance Carrier. This Level 2 review may result in an approval or result in a continued denial of your medication request.

If the Medication request is denied at the First and Second Levels of Review by the Insurance carrier, your doctor can request a Level 3 review where requests are evaluated by the NYS Medical Directors Office. Encourage your Provider to submit all denials to Level 3 for review because there is a reasonable chance that the Medical Directors Office overturns the Carrier’s denial if properly supported in the medical request by your doctor.

If the Medical Directors Office upholds the denial, that determination is final. The Workers Comp Board does not permit review of these determinations by a Workers Compensation Law Judge. If the MDO approves the request, you will be able to obtain the requested medication.

Steps to Take When Facing Medication Denials:

Consult with Your Treating Physician: Start by discussing the denial with your treating physician. They can often provide additional documentation and/or clarification regarding the medical necessity of the prescribed medication. Your doctor's input is crucial in addressing the denial. They will need to refile the request at that point with additional information.
Seek Legal Counsel: Consulting with an experienced workers' compensation attorney is essential when facing medication denials. An attorney can review your case, advise you on your rights, and guide you or your provider through the process on the basis of the denial.
Explore Alternative Medication Options: Work with your treating physician to explore alternative medications that may be in Medical Formulary. Finding acceptable substitutes can be a practical solution to overcome denials.

Facing a Workers' compensation medication denial can be frustrating, but it's crucial to take proactive steps to address the issue. By working closely with your treating physician and seeking legal guidance, you can navigate the process and fight for the medical treatment you need to recover from a work-related injury. Often times, if the Insurance company is fighting to deny your medication, they will often be denying medical treatment and lost time next. Remember, your health and well-being are top priorities, and you have rights to ensure that you receive the appropriate medical care.

Sidewalk Injuries

Mon, 11 Sep 2023 13:41:26 GMT

In New York State, the responsibility for maintaining and repairing sidewalks can be a complex issue. The liability shifting provisions act to determine who should be held accountable for injuries or damages caused by sidewalk defects. These provisions establish guidelines regarding the responsibility of property owners, tenants, and the local municipalities.

The most important issue is that differing municipalities have different rules regarding liability for defects on public property like sidewalks. In certain cities, the responsibility for sidewalk maintenance rests solely with the contiguous property owner. This means that if a defect exists on a sidewalk adjacent to a private property, the owner of that property is generally liable for injuries or damages resulting from the defect.

However, the situation is not the same in every city. In some cities, liability for sidewalk defects is primarily placed on the local municipalities. Many cities have not yet adopted guidelines shifting liability to the adjacent private landowners. Further, many of those cities have adopted “actual written notice” provisions shielding those municipalities from liability unless a citizen has provided written notice of the specific defect to the municipality before the fall and injury occur. This is often a difficult standard to meet.

Additionally, it's worth mentioning that the liability shifting provisions may also depend on the type of property involved. For example, residential property owners may have different responsibilities compared to commercial property owners. It is advisable to consult local laws and regulations or seek legal advice when dealing with specific cases.

The liability shifting provisions in New York State for sidewalk defects differ widely from city to city.. In Niagara Falls, New York for instance, property owners are generally responsible for sidewalk maintenance, while in other municipalities, the liability falls on the local government. Exceptions and limitations exist, such as local ordinances that shift responsibility onto property owners, actual written notice provisions, and special use exceptions. Understanding these provisions is crucial for determining liability in cases of sidewalk defects and seeking appropriate legal recourse if necessary. The lawyers at Viola, Cummings, Lindsay LLP can help you sort through all these legal issues after a sidewalk injury and fight for the compensation you deserve.

Spousal Liability Coverage in New York State

Thu, 30 Jan 2020 13:41:26 GMT

Is your wife/husband an awful driver? You know the situation. You’re in the passenger seat with your spouse driving. You’re not paying attention because as the passenger, you don’t have to. So, you’re scrolling through your Facebook feed or adding photos and captions to your Instagram story while your spouse is supposed to be paying attention to the road. Instead, you hear the rumble strips, notice the car is slowly veering off the road, and you look over to see your spouse taking a selfie using the doggy Snapchat filter.

If this happens, and you’re injured as a result, you will not be permitted to recover compensation for your injuries unless you have purchased supplemental spousal liability coverage. Your traditional automobile liability insurance policy in New York State will not permit you to recover if you are injured by your spouse’s negligence. Your insurance carrier is required to notify you of this coverage in writing.

New York State Insurance Law § 3420(g)(2) states, in relevant part:

(2) Upon issuance of a motor vehicle liability policy that satisfies the requirements of article six of the vehicle and traffic law and that becomes effective on or after January first, two thousand three, pursuant to regulations promulgated by the superintendent, the insurer shall notify the insured, in writing, of the availability of supplemental spousal liability insurance. Such notification shall be contained on the front of the premium notice in boldface type and include a concise statement that supplementary spousal coverage is available, an explanation of such coverage, and the insurer’s premium for such coverage. Subsequently, a notification of the availability of supplementary spousal liability coverage shall be provided at least once a year in motor vehicle liability policies issued pursuant to article six of the vehicle and traffic law, including those originally issued prior to January first, two thousand three. Such notice must include a concise statement that supplementary spousal coverage is available, an explanation of such coverage, and the insurer’s premium for such coverage.

Insurance Carrier Responsibility in New York

When you renew your policy, your insurance carrier must provide you with written notice that this coverage is available. The cost of this coverage is minimal and becomes subject to the limits of your bodily injury liability coverage.

Obviously, in order to recover under this coverage, you must prove the same elements of a cause of action you would if your injury was caused by another driver. You must prove that your spouse was negligent, and you must prove that, as a result of that negligence, you sustained a Serious Injury as that phrase is defined by New York State Insurance Law 5102(d).

Contact Your Agent About Spousal Liability Coverage

In summary, if one spouse is the cause of an accident that causes injury to the other spouse, and the couple had already purchased the additional supplemental spousal liability insurance, the injured spouse may be able to collect compensation from the insurance company to compensate them for pain and suffering incurred. Call your insurance agent today and ask if you have this coverage. And tell your spouse to stop tweeting and driving.

Introducing Complex Case Themes During Opening Statements

Wed, 18 Dec 2019 13:41:26 GMT

A. Capture the Audience in The First 30 Seconds

As we have all heard anecdotally, one never gets a second chance to make a first impression. Practically speaking, the first impression a lawyer makes on a jury is during jury selection. However, because of the constraints of jury selection, any impression a jury can draw regarding the case itself can only come from inferences and innuendo. The first impression a lawyer can directly and affirmatively make on a jury regarding the case itself is in opening statements.

Because of Twitter, Facebook, and websites like Buzzfeed and the like, attention spans are decreasing. Keeping anyone's attention for more than about 60 to 90 seconds is a herculean task. Every song ever recorded, the sum total of human knowledge, millions of games and every film, television show and cartoon ever broadcast are two clicks away at all times, and that's just on desktop computers. On phones, it's even worse with text messages and social media.

To have any chance of getting anyone's attention, your content needs to get right to the point - otherwise, you might lose your listener for good. According to research from the National Center for Biotechnology Information, from the year 2000 to the year 2015, the average attention span has decreased from 12.5 seconds to 8.25 seconds. Email and smartphone use have created listeners who are constantly looking for the next bit of content before processing the one in front of them. For example, an office worker, on average, checks his email inbox approximately 30 times an hour and smartphone users, on average, pick up their phone approximately 1500 times per week. (1)

In Charles Becton and Terri Stein, Opening Statement, 20 TRIAL LAW. Q. 10, 10 (1990), appears the following statement: "Empirical studies conclude that after hearing opening statements, 65 to 80 percent of jurors not only make up their minds about the case, but in addition, in the course of the trial, they do not change their minds.” This oft-repeated assertion is false. See William L. Burke, Ronald L.Poulson, and Michael J. Brondino, Fact or Fiction: the Effect of the Opening Statement, 18 J. CONTEMP. L. 195 (1992). Jurors do not make up their minds during opening statements (before they have heard any evidence). However, they do decide in opening statements what the case is about, and they use that to process the evidence they hear throughout the remainder of the trial.

So, armed with the knowledge that the first impression is vital, and that the first impression must be made quickly, the next step is to determine how to capture that attention and make that impression.

The first step is to tell the jury a story you would want to hear. Compare the two opening statements below, and the difference is clear. The first is the initial 30-45 seconds of the opening statement by the prosecution in the famous case of the People v. O.J. Simpson.

"Your Honor, Judge Ito, Mr. Cochran and Mr. Shapiro and Dean Uelmen, to my colleagues seated here today in front of you and to the real parties in interest in this case, the Brown family, the Goldman family and the Simpson family and to you, ladies and gentlemen of the jury, good morning. I think it’s fair to say that I have the toughest job in town today except for the job that you have. Your job may just be a little bit tougher. It’s your job — like my job, we both have a central focus, a single objective, and that objective is justice obviously. It’s going to be a long trial and I want you to know how much we appreciate your being on the panel. We appreciate the personal sacrifices you’re making by being sequestered. We understand that can be difficult.”

Think of the salacious facts of this case. It’s far and away the most famous case of the twentieth century and the alleged murderer was one of the most recognizable sports celebrities of the time. But instead of capturing the jury’s attention with those facts, the prosecutor decided to actually instruct the jury as to how long and difficult the trial would be. Now compare that to the first 30-45 seconds of the opening statement given by the plaintiff’s attorney in wrongful death action commenced by the estates of Ronald Goldman and Nicole Brown Simpson based on the same set of facts.

"On a June evening, the 12th of June, 1994, Nicole Brown Simpson just finished putting her ten-year-old daughter, Sydney, and her six-year-old son, Justin, down to bed. She filled her bathtub with water. She lit some candles, began to get ready to take a bath and relax for the evening. Nicole then called the restaurant and asked to speak to a friendly young waiter there. Nicole asked this young waiter if he would be kind enough to drop her mother’s glasses off. The young man obliged and said he would drop the glasses off shortly after work, on his way to meet his friend in Marina Del Rey. The young man’s name was Ron Goldman. He was 25 year old. With the glasses in hand, Ron walked out of the restaurant, walked the few minutes to his apartment nearby, to change. He left the restaurant at 9:50 p.m.”

The jury in this case already knew that they were there to hear about the death of these two people. That was explained in jury selection. As such, the plaintiff’s lawyer did not need to begin with the gory details of the death. Instead, he told a detailed story of the two plaintiffs when they were alive. The jury listened to this, humanizing these people, armed with the knowledge that the story would end with two violent deaths. This is how you grab the jury’s attention.

B. Introducing Supporting and Damaging Evidence

The introduction of "bad facts” and "damaging evidence” in opening statements is not universally advised. However it is a practice I follow regularly. Because of propaganda, television tropes, and massive advertising campaigns by plaintiff’s lawyers, many people are skeptical of lawyers and lawsuits. Because of that juror skepticism, lawyers must avoid losing credibility in any way possible. Introducing this damaging evidence can be a tool to bolster the credibility of your case. If you communicate to the jury that you are fully aware of the damaging evidence but still believe wholeheartedly in your case, the jury can feel safe doing the same. In addressing unfavorable facts in your opening statement, concentrate on those facts that are critical to the arc of your narrative. Avoid wasting valuable time enumerating all of the weaknesses of your case. Once you establish trust and credibility with the jurors by presenting a cohesive, if blemished, story, they are more likely to overlook or reconcile minor weaknesses revealed later on in the trial.

For defense lawyers, introducing facts damaging to plaintiff’s case is obviously important. It’s especially important because the defense lawyer has the opportunity to give its opening statement after plaintiff has given his. The only negative impact to doing so is again to make certain you do not lose the credibility of your case. If you tell the jury in your opening about some significant damaging evidence to plaintiff’s case and, for evidentiary reason, that evidence is never presented, the jury will remember and hold it against you. If you believe that a piece of evidence damaging to plaintiff’s case may be inadmissible because of an evidentiary issue, the prudent decision is to omit it in your opening.

This issue is best explained through a more narrow focus. The majority of cases I have tried are at trial because of one very specific issue-the serious injury threshold. The majority of automobile accident cases tried in New York State are tried because of this issue as well. The manner in which these cases are defended is through multilayered, complex innuendo. You will probably never hear a defense lawyer call your client a liar or a malingerer, but the entire defense is predicated on proving exactly that, without ever saying it. As such, this defense needs to be addressed in opening statements. Rick Friedman, in his book Polarizing the Case discusses this at length. He suggests "calling out” the defendant and laying bare the innuendo of their defense. He gives the following sample opening:

"You will hear a lot of witnesses and see a lot of evidence in this case. But in the end, there is really only one major issue you need to decide: is [plaintiff] a liar, a cheat and a fraud? That is the defense in this case. And if the evidence shows that she is a lair, a cheat and a fraud, you should send her out of this courtroom without a cent. Under the law, she would be entitled to nothing. But the evidence will actually show that she is injured; that she is telling the truth. It will show that the defense is attacking her this way to avoid paying for the harm they have caused, hoping you will not make them pay.” (2)

The principle espoused above is generally a principle of control. Litigators are taught in early practice to anticipate defenses to their case. The principle above takes that a step further and asks an advocate to actually frame, label and name that defense. This is especially important for plaintiff’s attorneys in openings because of the ability of plaintiff to give its opening statement first. If plaintiff can control the narrative of the defense, the stage is set for the remainder of the trial.

C. Preparing Judge and Jury to Focus on Specific Elements of Trial

A juror and a judge cannot be persuaded by information that he or she cannot recall. As such, an attorney must utilize the effects of primacy and recency to focus judges and jurors on specific elements of trial. The primacy effect, in psychology and sociology, is a cognitive bias that results in a subject recalling primary information presented better than information presented later on. For example, a subject who reads a sufficiently long list of words is more likely to remember words toward the beginning than words in the middle. The recency effect is a cognitive bias that results in subjects recalling words and information given at the end of a long list better than those in the middle. The combination of these two cognitive biases is known as the Serial Position Effect. The Serial Position Effect is the tendency of a person to recall the first and last items in a series best, and the middle items worst. In delivering an opening statement, a lawyer can exploit this cognitive bias by ensuring that key information is presented at the beginning or the end of his statement.

In a recent psychological study, the subjects received one of two sentences. For example, one may be given "Steve is smart, diligent, critical, impulsive, and jealous." and the other "Steve is jealous, impulsive, critical, diligent, and smart." These two sentences contain the same information. The first one suggests positive trait at the beginning while the second one has negative traits. Researchers found that the subjects evaluated Steve more positively when given the first sentence, compared to the second one. (3)

It is imperative that these two principles are used to focus the judge and the jury on those specific areas of your client’s story that you believe are most important.

The next important tool for focusing a jury’s attention is the use of visual aids. Numerous studies show that individuals tend to recall pictorial information with far more ease than speech. In selecting persuasive visual aids for your opening statement, focus on conveying a critical theme or juncture of your story with simple, easy-to-grasp pictures, charts, or photographs. Take those facts or themes you deem to be most important and reduce them to easy to understand visual aids. The use of these visual aids should be confined to those issues of most importance. Using them sparingly serves direct the jury to their importance and permits the jury to focus and recall them throughout the trial.

D. Opening Techniques that Simply Don't Work

Thus far, the techniques and advice offered have been esoteric and anecdotal. However, there are actual rules and case law regarding sufficiency of an opening statement as well as the right of parties to an opening statement. All the techniques set forth above are completely irrelevant, if counsel fails to meet the minimum requirements of an openings statement. After the jury is selected, judges will charge the jury with general charges from the Pattern Jury Instructions. The trial judge will charge the jury as follows regarding opening statements.

PJI 1:3 Openings and Evidence

"When I have completed these opening instructions to you, the attorneys will make opening statements to you in which each will outline for you what (he,she) expects to prove. The purpose of such opening statements is to tell you about each party’s claims so that you will have a better understanding of the evidence as it is introduced. What is said in such opening statements is not evidence. The evidence upon which you will base your decision will come from the testimony of witnesses here in court or in examinations before trial, or in the form of photographs, documents, or other exhibits introduced into evidence. Plaintiff makes an opening statement first, and is followed by defendant. After the opening statements, plaintiff will introduce evidence in support of (his, her) entire case before the defendant introduces any evidence, although exceptions are sometimes made to that rule in order to accommodate a witness. After plaintiff has completed the introduction of all of (his, her) evidence, defendant may present witnesses and exhibits. If (he, she) does so, plaintiff may be permitted to offer additional evidence for the purpose of rebutting defendant’s evidence. Each witness is first examined by the party who calls that witness to testify, and then the opposing party is permitted to question the witness. Additional examination and questioning of a witness may occur.”

The Court has now made the jury aware that this opening statement is not evidence. The lawyer need not reemphasize that point and make his remarks seem less significant.

What follows is a recitation of case law regarding sufficiency of opening statements.

Hoffman House v. Foote, 172 N.Y. 348 (1902). The complaint is only to be dismissed if it can be demonstrated that (1) the complaint did not state cause of action, (2) the cause of action is conclusively defeated by admitted defense, or (3) admissions or statements of fact made by plaintiff’s counsel in opening statement absolutely precludes recovery.

Benz v. Burrows, 191 A.D.2d 1021, 594 N.Y.S.2d 929 (4th Dept. 1993). Such motions are strongly disfavored and "should not be granted ‘unless it is obvious that under no circumstances, and under no view of the testimony to be adduced, can plaintiff prevail.

Peterson v. County of Nassau, 995 F. Supp. 305, 319-320 (E.D.N.Y. 1998): "Trial courts possess broad discretion to determine when the conduct of counsel is so improper as to warrant a new trial.” Not every improper or poorly supported remark irreparably taints the proceedings.

Pappas v. Middle Earth Condominium Ass'n, 963 F.2d 534, 540 (2d Cir.1992): Only if counsel's conduct created undue prejudice or passion, which played upon the sympathy of the jury, should a new trial be granted. See also Matthews v. CTI Container Transport Int'l Inc., 871 F.2d 270, 278 (2d Cir.1989); Smith v. National R.R. Passenger Corp., 856 F.2d 467, 470 (2d Cir. 1988).

Rohring v. City of Niagara Falls, 192 A.D.2d 228, 230-231, 601 N.Y.S. 2d 740 (4th Dep't 1993): "When the conduct of counsel has "permeated the trial and created a climate of hostility that effectively destroyed the defendant's ability to obtain a fair trial, reversal is the appropriate remedy." (citing DiMichel v. South Buffalo Ry. Co., 80 N.Y.2d 184, 290 N.Y.S.2d 1(1992)).

Johnson v. Lazarowitz, 4 A.D.3d 334, 771 N.Y.S.2d 534 (2d Dep’t 2004): Court ordered a new trial based on inappropriate reference to insurance coverage and several "vituperative remarks made by the attorney for the sole purpose of inducing the jury to decide the case on passion rather than on the basis of evidence.”

Valenzuela v. City of New York, 2008 N.Y. Slip Op 9733, 59 A.D.3d 40, 869 N.Y.S.2d 49(1st Dep’t 2008): Court reversed jury verdict and ordered new trial based on counsel’s conduct in injecting his own view of how the accident occurred, bolstering his own credibility to the jury by asserting that he had visited the accident scene, and accusing the defendant of fabricating evidence.

GSGSB, Inc. v. New York Yankees, 1997 U.S. App. LEXIS 17433, 122 F.3d 1056 (2d Cir.1997): Second Circuit affirmed trial court’s finding that inappropriate remarks by counsel during opening statement were not prejudicial due to curative instructions. Counsel’s remarks included references to inadmissible testimony, references to the death of his client for the purpose of evoking sympathy; and unsubstantiated allegations of fraud.

Cohn v. Meyers, 509 N.Y.S.2d 603 (2d Dep't 1986): Court found that defense counsel's opening and false remarks that the plaintiff was responsible for defendant's wrongful arrest and three-day incarceration, were made with utter disregard for the truth and created a "substantial possibility of injustice" which was not cured by the trial judge's jury instruction.

Estes v. Big Flats, 41 A.D.2d 681, 340 N.Y.S.2d 950 (3d Dep't 1973): Court reversed judgment for plaintiff in action to recover for personal injuries and property loss sustained in an automobile accident where counsel for the plaintiff referred to the fact that defendant had insurance for the claim and misrepresented defendant's statements in its pleadings. The court stated that "in such a close case of liability this prejudicial conduct cannot be condoned and constitutes reversible error."

Cherry Creek Nat. Bank v. Fidelity & Casualty Co. of New York, 202 N.Y.S. 611, 614 (4th Dep't 1924): "The rule allowing counsel when addressing the jury the widest latitude in discussing the evidence and presenting the client's theories falls far short of authorizing the statement by counsel of matter not in evidence, or indulging in argument founded on no proof, or demanding verdicts for purposes other than the just settlement of the matters at issue between the litigants, or appealing to prejudice or passion."

O’Connell v. Jacobs, 181 A.D.2d 1064, 583 N.Y.S.2d 61 (4th Dep’t 1992): Plaintiff’s counsel’s assertion in opening that plaintiff suffered from nightmares linking the defendant to the assault violated court’s pre-trial ruling excluding admission of that evidence, and thus resulted in prejudice notwithstanding trial court’s curative instruction to the jury.

In 2009 rules regarding opening statements were codified in the Rules of Professional Conduct, 22 NYCRR Part 1200.10 The regulations still broadly indicate, however, that counsel are entitled to pursue the aims of opening—stating the contentions and what the evidence will prove toward those contentions—as long as they conduct themselves ethically.

Rule 3.1: Non-meritorious Claims and Contentions bars lawyers from raising claims and defenses that are frivolous, i.e., either unwarranted under existing law, known to be materially false, or with no purpose save delay. This appears more applicable to the pleadings stage, but on its face would bar counsel from trying to resurrect in opening any contentions that have already been dismissed or stricken from the pleadings.

Rule 3.2: Delay of Litigation also forbids tactics with no substantial purpose other than delay or needless expense. This rule has no analogue in the old Code, but it would appear to support trial judges in imposing time limits on opening, particularly where those limits apply to both parties. One could imagine, though that some time limit could be found on appeal to be so low, especially in complex trials, as effectively denying the right to an opening.

Rule 3.3: Conduct Before a Tribunal forbids misleading conduct in a variety of ways, even imposing an affirmative duty on counsel to remedy fraudulent conduct known to the attorney.15 Subsection (f) even requires lawyers to comply with local customs or practice and not to engage in ―undignified or discourteous conduct. Thus Rule 3.3 seems most applicable to opening statements.

Rule 3.4 Fairness to Opposing Party and Counsel bars lawyers from asserting facts unsupported by admissible evidence, asserting personal knowledge of facts in issue or expressing personal opinion as to the justness of a cause or the credibility of witnesses. Certainly counsel could fall afoul of this rule if swept away by their own oratory, though openings are typically more scripted than closing. Nor may a lawyer simply disregard a standing rule of a tribunal, though one may test its validity in good faith.

The above sets forth the codified rules of opening statements. Obviously, running afoul of these rules can result in a mistrial. What follows are some opening statement techniques that are used regularly, and, while these techniques are not improper, they are completely ineffective. These opening lines are especially ineffective but have lingered and are still used by seasoned trial lawyers despite their ineffectiveness.

"This is what we lawyers call an opening statement…"
"I appreciate the time and the attention that I know you will devote to this case today…"
"Opening statement is our chance to tell you what the evidence will show…"
"My name is Matthew Mosher, and it’s my privilege to represent John Smith…"
An opening statement is like…
A Roadmap
A Recipe
The Table of Contents to a Book
The Cover of a Jigsaw Puzzle Box
"Jury service is an honorable tradition, and I want to thank you for taking time out of your busy schedules to serve on this jury…"
"Opening statement is my chance to show you how the pieces of the puzzle fit together…"
"Before I begin, let me remind you that what Pannozzo said is not evidence, and what I say isn’t evidence, either…"

These can be distilled into three major rules.

Don’t introduce yourself. It’s not about you. It’s about the parties. Tell the jury about the parties. You’ve already introduced yourself during jury selection.
Don’t patronize or “suck up.” Most jurors are not sitting in that jury box because they wanted to. They were compelled to sit and listen. As such, thanking them for doing something they were legally compelled to do is patronizing and insulting.
Don’t describe how the opening statement works. At any given time any person can find and watch several variations of “Law and Order” on television. Jurors generally understand how it works. Telling them again does nothing to help you win your case.

E. Introducing Parties and Character Analysis

Parties should be introduced as characters in the story you are telling the jury. They should be introduced as humans. The opening statement is really the lawyer’s first chance to begin his relationship with the jury as a whole. An effective opening personalizes the party and brings them into the relationship as well. David Ball, in his seminal work, David Ball on Damages breaks down the introduction of parties into the categories of “action” and “harm.” The introduction of the defendant framed by telling the jury not who the defendant is, but what the defendant did. Introducing the defendant by its actions dehumanizes them and reduces them to the totality of the actions presented in this case.

Plaintiff should be introduced by defining the harm that defendant caused them. Framing the plaintiff in such a way permits the jury to see the plaintiff has a wholly innocent victim of defendant’s wrongdoing rather than an active participant in the incident giving rise to that harm. (4) Again, this is an opportunity for counsel to control the narrative. Invariably, the trial judge will charge the jury with all the rules regarding evidence and burdens and the like, but the brief recitation by the judge is read to weary jurors who have probably heard and processed all the information they can handle. As such, it is important that counsel in its opening statement set the tone and control the narrative of the remainder of the case.

Conclusion

If a story is not about the hearer he [or she] will not listen... A great lasting story is about everyone or it will not last. The strange and foreign is not interesting - only the deeply personal and familiar ." John Steinbeck, East of Eden

A trial lawyer is, first and foremost, a storyteller. Stories only work when the listener or reader can relate them. A good trial lawyer uses themes and narratives that cause the jurors to put them in the shoes of the parties without actually asking the jurors to do so. Be genuine, be authentic, and tell the jury a story about themselves. There is nothing more compelling than transparency and authenticity. In closing, I sincerely hope the information provided in these materials will find its way into a successful opening statement.

Supplemental Underinsured Motorist Coverage in New York State

Sun, 17 Nov 2019 13:41:26 GMT

This will be the first in a series of posts about various aspects of personal injury law and practice in New York. Some, like this one, will contain information important to non-lawyers (actual humans with feelings and stuff) and others will be only for fellow law nerds looking for a primer on a particular issue.

The first topic I’ll be discussing will be Supplemental Underinsured Motorist Coverage in New York State. This one is for everyone. I’m sure you can barely contain your excitement. The most important thing you need to know about Supplemental Underinsured Motorist Coverage (also known as SUM or UIM to all the cool law folks) is that you absolutely, positively need to have this coverage.

Underinsurance coverage in New York State is optional, which means the insured must request this coverage and pay the additional premium or the protection will not be provided. The good news is that this coverage is inexpensive. This coverage applies if the other driver is covered by a policy of insurance, but the limits are inadequate to properly compensate for the injuries sustained by the injured party.

The scenario is as follows: Defendant is, to use a technical legal term, “a crappy driver.” Maybe he or she has had prior accidents, several traffic violations, or even prior convictions for Driving While Intoxicated. Because of their horrible driving record, this driver has difficulty obtaining liability insurance for their vehicle, and the insurance they do obtain is usually for the minimum in New York State which is $25,000.00. So now, this horrible driver is driving around with very little insurance to protect you and your family.

Let’s say this driver keeps up with his tradition of being a crappy driver and slams into the back of your minivan while he’s checking his Twitter feed on his phone instead of looking at the road. If this collision causes you or your family serious injuries, the most you’ll ever be able to recover in a lawsuit against him is $25,000.00 per injured party with a total limit of $50,000.00 for all injured parties. We all know that $25,000.00 doesn’t go very far these days.

This is where Supplemental Underinsured Motorist Coverage comes into play. After receiving that $25,000.00 and getting consent from your own insurance carrier to do so, you can make a claim against your own policy of SUM coverage. You are still required to prove all the elements of your lawsuit, but now the entity paying the award is your own insurance company. This payment from your own insurance company comes without a rate increase and is often much easier to obtain than the direct action against the defendant.

Case Study

This year, I represented a woman who was seriously injured by another driver who crossed over the double solid line and hit her head-on. She required several surgeries and suffered permanent orthopedic injuries. The negligent driver that struck her was covered by liability insurance in the amount of $100,000.00. I’m sure that sounds like a lot, but given how this collision affected her, it was woefully inadequate to compensate for her injuries. I obtained that $100,000.00 from the defendant’s insurance carrier after some litigation and negotiation. However, because the vehicle my client was occupying had purchased a significant SUM policy in the amount of $1,000.000.00, her case didn’t end there. Again, after significant litigation and negotiation, I was able to obtain the remainder of that SUM policy from my client’s own insurance company. My client instead of receiving only $100,000.00 for her injuries, received $1,000.000.00. For those of you who struggle with math, that’s a difference of $900,000.00. If you’ve sustained a life-altering injury, having Supplemental Underinsured Motorist coverage can make all the difference.

On your drive to the office today, watch all the crappy drivers. Watch that one guy that thinks the traffic merge sign doesn’t apply to him and races by you at 100 MPH in a 1996 Pontiac Grand Prix and cuts you off at the last second. Watch that guy and then call your insurance agent and ask him to get you some Supplemental Underinsured Motorist coverage.