M Segal

1. A big insurance company deception is their absurd argument that since you didn’t have surgery right after it was recommended or even discussed by a doctor, that your injury could not possibly be as bad as you are claiming. This is a statement that has zero reflection of reality. First, nobody WANTS to have surgery (especially to body parts often injured in incidents, like your SPINE). There are significant risks to undergoing such serious surgical procedures. Surgery truly is a last resort. Instead its more common to try intensive physical therapy and other types of treatment, and when those don’t work then its time for the surgery. This does not mean that you won’t have surgery in the future when the therapy is not working. In fact, your decision to wait for ....

I am still so surprised to hear that MOST people do not really know the basics behind a personal injury action, and even more surprising, they ARE NOT PURSUING VALID CASES because of the worst misconception out there – that they cannot afford to pay for a lawyer. This post is a reminder that everybody needs to pay attention to. It is still shocking that a vast majority of people still do not understand that if you are hurt or seriously injured as a result of the actions of another person or a company, like a car accident or construction accident, and you need to hire an attorney to represent you then there will be absolutely no out of pocket costs for your initial consultation and even for the handling of the entire case. This also includes all of the costs and expe ....

Probably the most frequently asked question every injury attorney gets is “how long do injury claims take to resolve?” The answer to this question is always a very lawyerly response “it depends”. As with most complex matters there are certain case-specific variables that come into play when discussing how long an injury claim will take settle or get to a trial verdict. Some of the most important and obvious factors include: 1. what is the insurance policy at play? – how much in coverage do the at-fault parties have? 2. what is the liability scenario? – is it clear whose fault it was? 3. what are the injuries and medical treatment involved? 4. what are the economic damages like lost earnings and medical expenses? So for example, if you have a hit in the rea ....

Its easy for us lawyers to forget that most people have never been involved in a lawsuit. So here are the typical steps to one so you can understand the process a little better. 1. Pre-suit – This is everything that happens right after the accident occurs and you’ve undergone initial medical treatment. We will gather all pertinent medical records and initial evidence like the police report, photographs, witness statement. We will likely send most of these items to the insurance company representing the other party to see what their settlement position is, and to let them know about the severity of your claim to make sure they allocate appropriate funds for your case right away. 2. Now, The first real step to a lawsuit is to file a complaint, typically based on res ....

The golden question right – because this dictates if you will be able to pay your out of pocket expenses, if your pain and suffering will be compensated for. The same factors that can dictate the speed with which a personal injury lawsuit can proceed at, also guide us as to what the value of the claim will be. Here are the most critical: 1. Liability plays a role – Do you have any fault- or comparative fault, your recovery can be reduced by your share of fault. 2. What is the available insurance policy? – There are times when the value of your damages can exceed the insurance policy and you’re likely limited to that amount. Or, there can be a much larger policy and you can recover much more for the same injury and damages. 3. What are the economic damages? – ....

I want to share some bad mistakes injury victims will make. Unfortunately, accident victims often act PRIOR to hiring a lawyer…. and even after they hire a lawyer – they either don’t ask their attorney for advice or they don’t follow it. I want to give everyone a 5 item list for common mistakes injury victims make. 1. Assuming they are not catastrophically injured at the scene of the accident (meaning they can move around safely) – they don’t get the police to the scene. They listen to the other driver, of a construction manager, or the store owner who says “don’t worry its my fault I’ll take care of this”. Get the police there and get a report. On that note – if you’re physically able go into detective mode, use your smart phone – get photos ....

When some sort of incident happens causing an injury, the average person has no clue whether or not it can be the basis for a negligence lawsuit. So, in this post I want help explain the general law regarding what you need to prove to pursue a negligence based injury lawsuit so that you can have some understanding of it, if or when such an unfortunate event happens. There are four main elements to proving a negligence claim, specifically in New York, where our firm is located. 1. DUTY – You must prove that the defendant owed a duty of care at the time of the accident. An example is a the duty a driver has to stop at a light and not ram into your car, or a the duty a property owner’s has to maintain his premises in a safe condition. 2. A BREACH of THIS DUTY  ....

Panic starts to set in after you’ve been involved in a serious injury. Your medical bills start to pile up, you can’t work to pay any of your bills or your rent, and your pain levels are bcoming debilitating. While it’s easy to get bogged down into the intricacies of personal injury law, it occurred to me that many people simply don’t know the basics about what they can recover in an injury lawsuit, which is often referred to as damages. The main types fall under the label of what we call compensatory damages (those that are designed to put you back into the position you were before your incident), which can be general and special. General damages are non-economic losses like pain and suffering including loss of enjoyment of life, scarring and disfigurement, e ....

So, you did not pursue a lawsuit, or even a claim against an insurance company, because you thought that since you may be partially at fault that means you would lose and you get nothing for your damages? In this post I want to tell you why in many states, like in New York, you are WRONG! Listen, not all types of crashes or incidents that cause injuries are cut and dry where its clear the other party was 100% at fault. But its ok, because the law of most states provides for some sort of determination as to comparative fault or comparative negligence as you might hear it called – meaning you can still recover even if your partially at fault. In NY, where the bulk of our cases are, we have what’s called a PURE comparative fault rule, meaning that if you are partiall ....

If you watch any news or footage of court cases and trials one term you hear a lot is “burden of proof”. I remember in the OJ Simpson case this was a big deal, and its because it can be THE reason one side wins or loses. So what does this term mean and why is it important? If you are ever a juror at a trial it is potentially the most important thing you need to know, and will likely not be explained to you until AFTER the trial, so in this post I want to give you a little understanding of it. The burden of proof refers to which party – either the defendant or the plaintiff – has the responsibility of showing evidence to prove their claim. In most cases, the party that brought the claim will bear the burden of proof. Now there is a different STANDARD for the bu ....