In New York over 900 people lose their lives in car crashes each year. For every death, thousands are injured, often severely. In 2008 alone there were over 37,000 deaths on our nation's roadways. One thing is certain, if you have been injured or disabled in a car crash, you need not be alone. We can be there to help you recover. The Impact of Your Accident Car accidents happen in an instant, yet often their impact is felt for years. Physical injuries (and sometimes emotional injuries) can take months if not years to heal. For those disabled in a car accident, full recovery may be impossible.
The following are some of the more common injuries that result from auto accidents:
Was the other driver at fault? You only have a case against the other driver if that person was somehow at legally fault in causing the accident. Lawyers call this "negligence". Some of the more common examples of negligence include:
Malfunctioning traffic control devices (stop lights)
Poorly designed and poorly maintained roadways
These types of negligence lead to thousands of injuries and deaths each year. The everyday commuter, commercial truck driver or motorcyclist can and do put your life at risk every day.
However, not everyone who is injured in an accident has the right to sue the responsible party for their injuries. New York has a law that says if you want to sue the responsible party for your damages, you must prove that you have received a "serious injury" as that term is defined under the law.
Serious injury can include:
A broken bone
Loss of a body organ or member
Loss of a fetus
A personal injury that results in death
Dismemberment
A significant disfigurement
Receiving other injuries that keep you from living a normal life for a sufficient period of time after the accident. However, DO NOT WAIT for time to pass if there is even a remote chance that you think you might have such an injury. It is always better to call and talk to me about it, rather than do nothing and regret it later.
If you are unsure if your injury qualifies as a "serious injury", call my office and we can discuss your case, for free. If you do not have a serious injury under the law, I will tell you so. If you do (or you might) we can take the necessary steps together to preserve your case. I have been injured in an accident. When do I call an attorney? Immediately after the accident. Following your accident, the other driver's insurance company will begin gathering evidence and mounting a case against you. They may come to you with an offer that sounds fair. However, there are many questions to be answered: Will the amount offered cover medical expenses as long as they are necessary? Will the money be enough to feed and house my family while I am out of work? How can I know if the offer is fair?
What you need after an accident are answers. An experienced lawyer will have them. Our results speak for themselves.
Our job is to prove that the responsible party was negligent and to get you the compensation you deserve, whether that "other" party is another driver, or a municipality responsible for highway signage and maintenance. If you or a family member has been injured in a car accident please do not hesitate to call us at 1-800-343-6918. How do I know that my case will get the time and attention it deserves? We are different.
My office doesn't rely on a high volume of cases generated by massive TV and Yellow Page advertising. I don't claim to handle every type of law under the sun. I don't want to. I don't need to. Your case will be handled personally, by me, and by attorney Joe Moran.
Each year, we accept a limited number of injury and accident cases from the hundreds of people who ask us to represent them. We believe that an attorney can competently manage only twenty to twenty-five personal injury cases at a time. We are not a "TV advertising personal injury mill." We do not allow paralegals and assistants to manage your case. Fewer cases mean more time for you and, we believe, better results overall.
If we review your case and it passes our test, we will take you on as a client. We will do everything in our power to prosecute your case forcefully and promptly and in your best interest.
We understand the incredible stress, both emotional and financial, that you will be suffering. We will be your "personal" injury attorneys. We will help you with your struggles along the way, from managing your creditors to keep you in your home while your case is pending, to getting you and your family the counseling they may need. Scott Cannon and James "Joe" Moran will be there for you. Let us help you get your life back. Call today.
Though an accident can occur anywhere, at any time, the following Southern Tier and western New York roadways are particularly dangerous:
I-86, I-390, I-90, Southern Tier Expressway, Route 17, Route 63, Route 39, route 20a, Highway 220, I-81, Warren M. Anderson Expressway, Route 7 and I-88.
In Accident Case, Small Law Office Defeats Mega Firm in Fee Dispute on Appeal Description: After a lengthy trial, the Livingston County Supreme Court (Hon. Dennis S. Cohen) awarded the big box lawyers 2 ½ % of the fee, and awarded 97 ½ % to me and Joe Moran. The Court found that the work performed by one of the partners in the big box firm was “deficient”, and that his efforts “paled in comparison to the efforts of Cannon”. The Court further found that “Moran’s work was extensive, requiring enormous time, skill and knowledge.” The big box lawyers appealed Judge Cohen’s decision to the State Supreme Court, Appellate Division, Fourth Department in Rochester. By a unanimous 5-0 decision, that Court upheld Judge Cohen’s decision.
When a Loved One Has Been Killed in a Car Accident, What Can You Expect? Description: When someone dies in such an accident and the other driver is at fault, the family of the driver who was killed can commence a lawsuit against the responsible person for the “wrongful death” of their loved one. However, under New York law, all that the family can sue for on a wrongful death claim is the present value of the financial or “pecuniary” loss sustained by the family of the deceased. This means that the family can only get the value of the deceased’s lost future wages and value of the work that the deceased would have performed around the house. When the deceased is a child or a retired senior, this amount is very small, often not more than $25,000 or so. In order to get any more than this financial or pecuniary loss, the family members would have to prove that their loved one was conscious after the accident for a prolonged period, known as “conscious pain and suffering”.
Good for the Lawyer, Bad for the Client Description: The latest fad among personal injury lawyer ads is to promise to settle the client’s case “without ever going to court”, or “to settle the case quickly”. I don’t how any lawyer who says they represent folks injured by the wrongs of others can even think like that, let alone trumpet it on the airwaves. And here’s what’s wrong with it- by settling the case quickly and without pressing it in court, the client is usually cheated out of a great deal of money. Why? Because the insurance company for the responsible party is not going to pay up the full, true value of the client’s case unless and until they are forced to do it. And the only way to force them to do it is to take them to court and take the time and effort necessary to twist their arm hard enough until they pay- either through a jury verdict or a fair settlement after the case has been worked up for trial.