If you’ve suffered an injury as a result of someone else’s negligence, there is a good chance an insurance company may be financially liable to you. For example, if you are injured in a car accident the automobile insurance company of the responsible party will be liable for your bodily injuries, or if you fall at someone’s house there will be a homeowner’s insurance company that will be responsible for your injuries.
Knowing this, insurance companies like to be proactive. This means they work to protect their assets even before a claim is filed. They often hire investigators, gather witness statements, and take photographs as soon as they find out there has been an accident. But their efforts don’t stop there, especially if you file a claim. I’ve often been asked by clients if investigators are spying on them. My response is yes, and in more ways than you probably realize. Here are some of the most common techniques insurance companies use to gain information that may be helpful to defend an injury case.
Often, insurance companies will hire investigators to follow you while you perform your daily activities. This is legal as long as they are not infringing upon your privacy, meaning if you’re at work or in a supermarket parking lot, recording you is fair game. The good news is that any recording must be turned over to your attorney in discovery.
In today’s information age, spying on you is easier than ever. Investigators often surveil your social media accounts. So, if you post on platforms such as Facebook and Instagram you can expect that those images and statements will find their way into your case. Further, making your settings private will not stop insurance companies from getting your posts. Most judges will allow access through a subpoena if you maintain social media accounts.
Insurance companies will not entertain a settlement of your injury case without first receiving authorization to obtain your medical records. This is to be expected. But often times your medical records contain a detailed history of your prior treatment, this often allows an insurance company to snoop even further into your history and get even more details about you to help defend a case.
My advice to people pursuing a personal injury claim is to realize that you are being spied on, but as long as you are telling the truth it doesn’t matter. For example, don’t claim you are bedridden while you were actually out shopping. This way if there is a video of you shopping it doesn’t matter. Exaggerating or lying usually doesn’t help an injury case because your medical records tell the story of how bad your injuries are. However, getting caught in a lie will always ruin a case.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
Summertime is once again upon us, that means lots of sun and swimming. Pools can be a great way to cool off, but they can also be dangerous. Every year we hear stories of accidental drownings. The most unfortunate part of pool accidents is that they are always avoidable.
Here are some tips to ensure that you enjoy the summer and avoid accidents.
The most important thing to remember about pools is to never leave children or novice swimmers unattended. Accidental drowning can happen in a matter of seconds. So, never take your eyes off your children when they’re in the pool.
Teach your children how to swim. The best way to avoid an accidental drowning is to be proactive and teach your children how to swim. Even if you don’t have a pool, it’s a good idea to teach your children how to swim. There are pools everywhere, there is a high chance that your children will come in contact with a pool at some point. The best time to learn how to swim is at an early age. Children are inherently good swimmers and pick it up very quickly at a young age. Also, there are many programs that offer inexpensive lessons to children.
Install fences and barriers around your pool. This is not only a good idea, but it is also usually a requirement in most towns. Pools should always be isolated from the rest of your yard to avoid children accidentally falling into the pool. All gates should be self-closing and there should be no gaps or openings in the fencing.
Never swim alone. Even if you are an experienced swimmer, it is a good idea to swim with another person. Medical emergencies happen unexpectedly and can strike anyone. If you are swimming alone and suddenly experience a medical emergency, you could accidentally drown.
Additionally, avoid diving headfirst. Diving headfirst can be dangerous, especially if the pool is shallow. It is not safe to dive headfirst in a pool that is not at least eight feet deep.
It is also extremely important to never swim under the influence of drugs or alcohol. Being under the influence of alcohol or drugs can seriously impact your coordination and judgment. This can lead to serious issues when swimming.
Learn Cardiopulmonary Resuscitation (CPR). Rescue measures can help avoid a serious injury and could even be the difference between life and death. If you own a pool or have young children, it’s a really good idea to learn CPR. It takes just a few hours and classes are offered at several places, including the Red Cross.
Keeping these safety tips in mind during summer can help ensure that you have a great summer and avoid unnecessary tragedies.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
With Memorial Day weekend coming up and college graduations beginning, expect heavy traffic. Whether it’s heading out west for a city trip, heading east for a day at the beach, or taking advantage of all the shopping deals in between, we can expect Long Island to be littered with traffic. Unfortunately, more cars on the road often means more potential accidents. It would be a shame if a fun weekend was cut short because of an unexpected car accident. These tips could help prevent a frustrating and potentially devastating situation.
Don’t put yourself in a stressful situation by not taking into account the potential traffic. If you feel rushed, you are more likely to do something unsafe. Check the traffic conditions and leave early.
Traffic is frustrating. And you can be sure that everyone else stuck in traffic is also unhappy about it. Unfortunately, there is really nothing you can do about it. So it’s best to stay calm and not let it affect your mood. This will prevent you from doing something unsafe in an effort to get through the heavy traffic. Weaving from lane to lane and aggressive acceleration is dangerous. It is not worth getting into an accident to save a mere couple of seconds in traffic. Rather, you should do all you can to stay focused, and expect the unexpected in these heavily trafficked scenarios.
When you are stuck in bumper to bumper traffic, there is a major temptation to give in to distracted driving. Avoid the temptation to take advantage of the “opportunity” to eat, look at your phone or apply makeup. Often times, other cars make sudden stops, turns and lane changing in heavy traffic and if you are not paying attention, you could easily cause a collision. Additionally, while music can be calming and help pass the time, don’t get too into your music. This is another easy way to lose focus.
While adhering to basic driving fundamentals is always important, it is especially important in heavy traffic situations to always let other drivers be aware of what your vehicle is doing. Long Islanders sometimes have a habit of turning on their directional after they have begun changing lanes. This is not helpful for anyone to anticipate what you are doing, and New York State law require at least a 100 foot warning via turn signal before you turn, merge or change lanes.
Further, it is even more important to check your blind spot before changing lanes. Although it isn’t safe, many cars like to tailgate in heavy traffic so changing lanes can be especially hazardous and only do so if there is a safe amount of space. Avoid cutting people off, it saves you little to no time.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents href=”/li-slip-and-fall-attorney/”>slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
In New York, any medical bill that you incur due to injuries suffered as a result of a car accident must be put through your automobile insurance carrier’s no-fault policy. As a result, your automobile insurance carrier has the right to request that you attend independent medical exams (IMEs) from time to time to determine if the treatment that you are receiving is still necessary. If after attending an IME, the carrier feels that the treatment is no longer needed, your benefits will be terminated, and your medical bills will no longer be paid.
No-fault insurance including IMEs can be extremely complicated, it is never a bad idea to consult with a personal injury attorney immediately if you are injured in an accident. They can often do more for you if they are involved from the beginning rather than calling them only when a problem with your benefits arises.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
A key aspect of every personal injury lawsuit is the plaintiff’s deposition. A well-done deposition can go a long way in fostering the favorable resolution of your case. Conversely, a poorly executed deposition can damage or even kill your personal injury lawsuit.
After years of helping plaintiffs provide effective depositions, I have come up with four rules that will help ensure that your deposition goes well.
There is nothing more damaging to a personal injury case then being caught in a lie. Not only is it illegal to lie under oath, but it is also devastating to your credibility, even a little white lie may be seen as a big deal by a jury. The truth may not always help your case, but it will always be received better than a lie.
You will be asked many questions at a deposition. Some of the questions will be difficult to remember. It’s okay to let a defense attorney know that you either do not remember the answer to a certain question or you just flat out don’t know the answer. Don’t feel the need to answer every question. It’s okay not to know every detail of your accident. Your attorney should review all the important information about your case prior to your deposition to refresh your recollection. The rest of the information is what I call “window dressing.” It’s information the defense attorney asks just to paint a picture but has little relevance to the important issues in the case.
Do not volunteer additional information in response to a defense attorney’s question. Often, defense attorneys ask yes or no questions or questions that can be answered fairly quickly. To understand why this rule is crucial, it’s important to understand the reason why you are giving a deposition. A deposition is a requirement of discovery. Theoretically, the goal of a deposition is to give your adversary an opportunity to learn about your case in order to foster settlement. But, in reality, it’s a great opportunity for the defense attorney to start building a defense to your case. The more information you volunteer, the more you’re helping an attorney defeat your case. Always remember that a deposition is not a trial. You will have the opportunity to tell your story on your terms later on in the case at trial.
Defense attorneys come in many forms with a wide array of personalities. You may get a friendly attorney or an aggressive attorney, or even a condescending attorney asking questions about you. Staying calm will allow you to focus on your answers. Also, it will let the defense attorney know that you will be a good witness on your own behalf and are unlikely to get rattled at trial.
Following these four rules will help ensure that your deposition goes smoothly.
Steven Palermo is the managing partner for Palermo Law, Long Island’s Personal Injury Law Firm. He has been helping people receive compensation for their injuries for over 21 years. He focuses on cases involving car accidents, truck accidents, construction accidents and slip and fall injuries.
His book The Ultimate Guide to Handling New York Car Accident Claims details the ins and outs of a car accident claim in a simple, easy-to-read manner.
