Ithaca Lawyer Will the Truth Set You Free?

I listen to people's stories every day. Some stories sound better than others. Some are the truth, and some of course, are versions of the truth. But If you believe it, is it really a lie? Kinda like, if the tree falls in the forest and no one is around to hear it fall does it make a sound?

Well, I prefer the truth. I prefer to know the best and worst parts of people's situations. How can I defend against what I don't know about? It's impossible to help those that tell me BS.

The Truth in Criminal Cases

If you hit a tree, a pole, a guardrail, or narrowly missed a house that's important for your attorney to know. If your driving was less than stellar (all over the road) then the speeding ticket or stop sign ticket was a police "gift" of sorts. I realize that quite often people's memories are faulty. They just don't remember stuff or the effects of drugs have rendered their recollection blank.

Making up history is always a problem. I had a kid that swore ( I hate when people do that) that he downed 8 beers in 15 minutes. His BAC (blood alcohol concentration) was a .22. He had left his dorm to ride into town for some pizza. He said he did not drink anything till he got to the pizza place. The police arrested him as he was leaving the pizza place. He couldn't have been D (W) I because the drinking came after the driving.

What he didn't know that I later found out was that after he hit the "second" mailbox the homeowner's called the police. They (the homeowners) had followed him into town. They watched him drive, and then waited for him outside the pizza place. When the DA handed me their statements I was floored.

This story sounded fishy (or smelled bad) at the onset but I give people every "reasonable" doubt. Could he have played a "drinking game" at the pizza place? yes, but 3:00pm, not likely. Drinking 8 beers in 15 minutes, again possible, but not likely. This was his defense. Not one I would have liked bringing to a jury. I always give weight to the evidence, and my client's story. Proof is always proof though, and the DA had those witnesses.

The Truth in a Personal Injury Case

If someone is injured in a car or truck accident their past medical/accident history is always a question. Are they a blank slate? Do they have priors? Did they make prior claims for any injuries? If they don't tell me or their doctors it will hurt their cases in the long run. Nowadays insurance companies will discover all of your past claims, problems, lawsuits, and crimes.

Honesty is the best policy. Your credibility (or lack of) with a judge, jury, insurance company, or defense lawyer can either help you or hurt you. Sincere, honest, and consistent people make the best claimants. Asking for, demanding, and requesting the maximum money damages for your pain and suffering requires a pair of clean hands. Going in dirty is not going to bring you the best result.

Lawrence Newman, D.C., Esq.

Doctor of Chiropractic

Attorney at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://www.ithacainjurylawyer.com

The "Quid Pro Quo" of New York No Fault Car Accidents

The Quid Pro Quo of New York No-Fault Law

I remember from the movie Silence of the Lambs when Hannibal Lecter (the serial killer) whispers to  Clarice (the Federal Agent), “quid pro quo, quid pro quo” you have to give me something, and then I’ll give you something. In other words, nothing is for nothing, there is always a trade off of sorts. Anyone that has been around long enough learns that life is always a two way street. 

YOUR'E COVERED BUT...

So, if you’re injured in a car or truck accident in the Finger Lakes area, whether it be Ithaca, Cortland, or Binghamton. If you own a vehicle that is insured, you are covered under New York’s PIP/ No-Fault law. That's all well and good, but collecting for pain and suffering (damages) is NOT automatic. There is a big trade off of sorts. Some may even call it a deal with the devil. 

Automobile No-Fault law (and how it works) is strange and difficult for many people to understand.  This is the down and dirty of how it works.  

In the 1970s, the New York legislature, we all know what they were doing in the 1960s before they became politicians, decided to revamp the law.  They had this wonderful idea that anybody (and everybody) involved in a car accident should be get medical care and payment for their lost wages.  

NOTHING FOR NOTHING

NOW... the BIG TRADE-OFF for getting their medical bills and lost wages paid, these accident victims had to give up their right to receive money for PAIN & SUFFERING (human losses) unless they proved certain (specific) things.  Thus, we have the QUID-PRO-QUO – THIS FOR THAT. 

New York says that a person injured in a motor vehicle accident can receive medical care but for that they are giving up their right to receive money for pain & suffering unless they meet certain criteria. 

ARE YOUR INJURIES SERIOUS?

The certain criteria allowing an injury victim to receive pain & suffering money is called the “SERIOUS INJURY” threshold.   Many in NYS call it the Break or Bruise law. IF You have a break your'e in (you collect) BUT IF you got a bruise (you don't collect). In order to meet the SERIOUS INJURY threshold, the injured person has to show (to prove) one of the following:

1. ·      A personal injury that results in death;
2. ·      Dismemberment;
3. ·      A significant disfigurement;
4. ·      A fracture;
5. ·      The loss of a fetus;
6. ·      Permanent loss of use of a body organ, member, function or system;
7. ·      Permanent consequential limitation of use of a body organ or member;
8. ·      Significant limitation of use of a body function or system; or
9. ·      A medically determined injury or impairment of a non- permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

The optimistic motive of the legislature in the 1970s has developed into a complicated personal injury system.  New York personal injury cases can be confusing and are unfortunately wrought with many pitfalls for the injured.  If you have any questions about your car or truck accident, this is what I do, and I can answer your questions.

Lawrence (Larry) Newman, D.C., Esq.

Doctor of Chiropractic

Attorney at Law

504 North Aurora Street

Ithaca, NY 14850

607-229-5184

http://ithacainjurylawyer.com