SCOTUS Creates Potential Issues For Medicaid Beneficiaries’ Personal Injury Settlements
A recent decision by the U.S. Supreme Court during a historic summer session stands to frustrate and impact Medicaid beneficiaries who are involved in personal injury claims. In Gallardo v. Marstiller, the Court voted 7-2 that the Medicaid Act permits a state (which is responsible for administering Medicaid benefits) to seek reimbursement for any portion… Read More
The Truth Behind Car Insurance — Part Three
If your automobile insurance carrier sends you a denial for medical treatment that you’ve already had, or for future medical treatment, you can bring a lawsuit contesting that denial. However, that typically takes months or even years to resolve. Should your treatment be denied, there’s also an arbitration procedure available through the American Arbitration Association… Read More
The Truth Behind Car Insurance — Part Two
In Workers’ Compensation claims, medical treatment is preauthorized—not so with no-fault insurance coverage (medical treatment arising from a car accident). While a Workers’ Compensation insurance company must pay a medical bill because it’s already been authorized, that’s not how it works with no-fault car insurance in New York. In many no-fault cases, your automobile insurer… Read More
The Truth Behind Car Insurance — Part One
In New York state, automobile insurance companies are required to provide no-fault benefits as part of every policy for the vehicles they insure. Also known as personal injury protection (PIP), these benefits cover medical expenses and a portion of lost wages regardless of who or what was to blame for causing the accident. If you’re… Read More
When “No-Fault” Car Insurance Doesn’t Play Fair
If you’ve been injured in a motor vehicle accident, your own automobile insurance, often referred to as “no-fault” or personal injury protection (PIP), pays for your medical expenses—or at least it’s supposed to. Many car insurers, especially those you see a lot of advertising for on TV, will typically have you examined by a doctor… Read More
Injured On Town Or City Property? How Municipal Liability Requiring Prior Written Notice Can Affect Your Claim.
Imagine that you’re walking along your neighbor’s front walkway and trip over some type of significant defect. Whether it’s a “lip” or a large crack that causes you to trip and fall, you’d likely be able to pursue a claim for injuries you suffered as a result. While the law regularly allows for claims for… Read More
Do I have a slip and fall lawsuit?
I just fell on ice and was injured…do I have a slip and fall case? Whether it was the result of freezing rain producing a set of slick steps, or a snow-covered ice patch left in the wake of a storm, almost everyone living throughout Western New York can recall a time where they suffered… Read More
Potential Impact of Social Media on your Lawsuit
Suffering an injury particularly due to another person or entity’s negligence or recklessness can be very frightening and unnerving. The specter of mounting medical bills and lost wages can cause a tremendous amount of stress and anxiety. Obviously, support from family and friends both near and far can be very helpful during this potentially long… Read More
Where Can I Bring a Lawsuit?
When bringing a lawsuit one of the first and most important questions to ask is “In what county should I file this lawsuit?” The county where you file is called “venue.” Venue is important because it impacts the judges and juries that get assigned to your case. Depending on the kind of case you are… Read More
I was involved in an accident with a truck—what do I need to know?
Tractor-trailers, semi-trucks, 18 wheelers, Mack Trucks, whatever you may call them, they are an ever present feature on our highways. There are over 2 million tractor-trailers operating in the U.S. and they log over 100 Billion miles per year. All that time on the road is bound to lead to accidents but you may be… Read More