$725,000 FOR PEDESTRIAN KNOCKDOWN

Ronald D. Ingber successfully resolved a pedestrian knockdown on the eve of trial for $725,000. The 71 year old client was crossing an intersection in NYC when he was struck by a pick up truck. As a result, the client spent nearly two weeks in the hospital and underwent a total knee replacement. SILER & INGBER, LLP a NY personal injury law firm, commenced a lawsuit against the corporate owner of the pick up truck for its negligence and that of its driver. Defendant made numerous attempts to resolve this action for significantly less money during the discovery phase of the litigation and at a mutually agreed upon mediation. Although progress was made throughout the action, it was the days leading up to trial where Defendant repeatedly contacted SILER & INGBER, LLP raising its offer during each conversation, resulting in a settlement of $725,000 on the eve of trial. If you or a friend has been in an accident, do not hesitate to contact the attorneys at SILER & INGBER, LLP for a free consultation to discuss your NY accident.

$100,000 FOR ELDERLY PASSENGER IN SUFFOLK COUNTY

The client, an 80 year retired woman, was involved in a collision in Suffolk County where the vehicle she was a passenger in swerved off the road striking a tree. As a result, the client suffered a fractured wrist, bumps and bruises requiring rehabilitation. Thankfully, the client recovered without surgery. New York accident lawyer Ronald D. Ingber successfully negotiated a settlement for the entire insurance policy of $100,000.

SILER & INGBER, LLP

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$275,000 FOR 55 YR OLD ACCIDENT VICTIM IN NASSAU COUNTY

The client, a 55 year old customer service representative, was involved in an intersection collision in Nassau County. As a result, the client suffered a herniated disc in her lumbar spine requiring physical therapy, acupuncture, and epidural injections for pain relief. Following conservative treatment, the client underwent a lumbar discectomy to remove loose bodies around the herniated disc. Thankfully, the surgery did not necessitate the need for the installation of hardware in the client's spine. Defendant claimed that the herniated disc was degenerative and the result of the client's prior accidents. Defendant further claimed that the client fully recovered and returned to work shortly following the surgery. Ronald D. Ingber successfully negotiated a settlement of $275,000 which was in excess of Defendant's the primary insurance policy of $250,000.

$250,000 FOR 35 YR OLD ACCIDENT VICTIM

The client, a 35 year old carpet installer, was stopped at a red light in Nassau County when he was struck in the rear by a box truck. As a result, the client suffered a herniated disc in his lumbar spine requiring physical therapy, chiropractic treatment and multiple epidural injections for pain relief. Defendant's claimed that the herniated disc was degenerative, common to carpet installers and unrelated to the collision. Ronald D. Ingber successfully negotiated a settlement of $250,000. Thankfully, the client has made an excellent recovery and has returned to work as a carpet installer.

$ 925,000 FOR PASSENGER IN CAR ACCIDENT

Ronald D. Ingber, a long island personal injury attorney, successfully obtained a $925,000 settlement for a 25-year-old female who was a passenger in a motor vehicle which was in an intersection collision in Nassau County. The client injured her knee and back. After consulting with doctors, she was diagnosed with a torn meniscus in her knee and a lumbar herniation. The client underwent physical therapy and other conservative treatment without success. Ultimately, the client opted for arthroscopic knee surgery and back surgery. Thankfully, the client has made a terrific recovery and will be able to enjoy her settlement.

$600,000 FOR PROPERTY DAMAGE

During trial, Ronald D. Ingber successfully negotiated a $600,000 resolution for a New York City school where a leaky pool caused significant property damage. The client hired a pool company to construct and install an indoor swimming pool. Following the installation of the pool, the pool leaked. We sued the pool construction company and liner installer for their negligence. Negotiations were lengthy and complicated involving insurance disclaimers and disputes between the defendants and their respective insurance companies. Consequently, the settlement was divided between the defendants with the owner of the pool construction company paying a significant portion out of his personal assets. Thankfully, the pool has been repaired and is being used by the children of tomorrow. New York Legal Help, NY Attorneys, NY lawyer, auto, car, motorcycle, truck and bus collisions, pedestrian, crash, train, construction, injured, Barren Island, Gravesend, Bath Beach, Greenpoint, Bay Ridge, Bedford Stuyvesant, Bensonhurst, Manhattan, Borough Park, Long Island, New York City, NYC, Brooklyn, Queens, Manhattan, Bronx, Bethpage, Riverhead, Mineola, Hempstead, Garden City, Huntington, Islip, Hicksville, Plainview, Farmingdale, Melville, Seaford, Massapequa, Baldwin, Wantaugh, Bellmore, Lindenhurst, Forest Hills, Springfield Gardens, Ozone Park, New Hyde Park, Floral Park, Babylon, Copiague, Syosset, Westbury, Levittown, Bayshore, Smithtown, Brookhaven, Brentwood, NYPD, New York Police, Firefighter, NYFD

$350,000 CARBON MONOXIDE POISONING

The client, a 35-year-old banker who sustained carbon monoxide poisoning in a hotel, received a $350,000 settlement. As a result of the carbon monoxide poisoning, the client sustained central nervous system dysfunction, coordination and cognitive processing deficits and headaches. A lawsuit was commenced against the hotel for its negligence in the operation, maintenance and management of the hotel. This case was complicated by the fact that the client had numerous systems some of which waxed and waned creating an inconsistent finding by various doctors. However, we were able to show, through one of the foremost experts in carbon monoxide poisoning, that the client’s symptoms were indeed related to the event. New York Legal Help , NY Attorneys, auto, car, motorcycle, truck and bus collisions, pedestrian, crash, train, construction, injured, Barren Island, Gravesend, Bath Beach, Greenpoint, Bay Ridge, Highland Park, Bedford, Stuyvesant, Homecrest, Bensonhurst, Kensington, Boerum Hill, Manhattan Beach, Borough Park, Mapleton, Brighton Beach, Marine Park, Brooklyn Heights, Midwood, Navy Yard, Long Island, New York City, NYC, Brooklyn, Queens, Manhattan, Bronx, Bethpage, Riverhead, Mineola, Oyster Bay, North Hempstead, West Hempstead, Garden City, Huntington, Islip, Hicksville, Plainview, Farmingdale, Melville, Seaford, Massapequa, Rockville Center, Baldwin, Wantaugh, Bellmore, Lindenhurst, Forest Hills, Springfield Gardens, Ozone Park, New Hyde Park, Floral Park, Babylon, Copiague, Syosset, Carle Place, Westbury, Levittown, Bayshore, Smithtown, Brookhaven, Brentwood, NYPD

$330,000 FOR FALL ON GREASY POPCORN BAG

At mediation, Ronald D. Ingber a personal injury lawyer in Brooklyn, obtained a $330,000 settlement for the client, a 35-year-old laborer who slipped on a greasy popcorn bag resulting in a fall down a stairwell in Brooklyn. As a result of the fall, the client was rushed to the hospital where he underwent surgery for his fractured ankle and remained hospital for thirteen days. We sued the building owner and management company alleging negligence in the operation, maintenance and management of the premises. We are pleased that the client has made a great recovery and is back to work full time. New York Legal Help , NY Attorneys, auto, car, motorcycle, truck and bus collisions, pedestrian, crash, train, construction, injured, Barren Island, Gravesend, Bath Beach, Greenpoint, Bay Ridge, Highland Park, Bedford, Stuyvesant, Homecrest, Bensonhurst, Kensington, Boerum Hill, Manhattan Beach, Borough Park, Mapleton, Brighton Beach, Marine Park, Brooklyn Heights, Midwood, Navy Yard, Long Island, New York City, NYC, Brooklyn, Queens, Manhattan, Bronx, Bethpage, Riverhead, Mineola, Oyster Bay, North Hempstead, West Hempstead, Garden City, Huntington, Islip, Hicksville, Plainview, Farmingdale, Melville, Seaford, Massapequa, Rockville Center, Baldwin, Wantaugh, Bellmore, Lindenhurst, Forest Hills, Springfield Gardens, Ozone Park, New Hyde Park, Floral Park, Babylon, Copiague, Syosset, Carle Place, Westbury, Levittown, Bayshore, Smithtown, Brookhaven, Brentwood, NYPD, Police Office, NYFD, Firefighter

$175,000 FOR CLIENT INJURED FROM EXPLOSION

The client, a 35-year-old auto mechanic, was thrown several feet when an automotive service coolant machine exploded. As a result, the client aggravated a prior hernia necessitating surgical repair. During the lawsuit, we alleged that the defendant was negligent in manufacturing, maintaining and servicing the coolant machine. At trial, Robert M. Brinen obtained a $175,000 settlement for our client. New York Legal Help, NY Attorneys, auto, car, motorcycle, truck and bus collisions, pedestrian, crash, train, construction, injured, Barren Island, Gravesend, Bath Beach, Greenpoint, Bay Ridge, Highland Park, Bedford, Stuyvesant, Homecrest, Bensonhurst, Kensington, Boerum Hill, Manhattan Beach, Borough Park, Mapleton, Brighton Beach, Marine Park, Brooklyn Heights, Midwood, Navy Yard, Long Island, New York City, NYC, Brooklyn, Queens, Manhattan, Bronx, Bethpage, Riverhead, Mineola, Oyster Bay, North Hempstead, West Hempstead, Garden City, Huntington, Islip, Hicksville, Plainview, Farmingdale, Melville, Seaford, Massapequa, Rockville Center, Baldwin, Wantaugh, Bellmore, Lindenhurst, Forest Hills, Springfield Gardens, Ozone Park, New Hyde Park, Floral Park, Babylon, Copiague, Syosset, Carle Place, Westbury, Levittown, Bayshore, Smithtown, Brookhaven, Brentwood, NYPD, Police Officer Accident, Right to Sue, Firefighter, NYFD

Buckle Up!

Automobile accidents are one of the major causes of injury in most industrial countries. If you've been hurt in a car accident , the consequences can be life-changing. A good car accident injury lawyer can make a difference in your recovery and your right to financial compensation. Call SILER & INGBER, LLP and learn how a car accident lawyer can help you. Click here to read about recent Long Island, NY car accidents. New York Legal Help, Police accident, firefighter accident, NY Attorneys, auto, car, motorcycle, truck and bus collisions, pedestrian, crash, train, construction, injured, Barren Island, Gravesend, Bath Beach, Greenpoint, Bay Ridge, Highland Park, Bedford, Stuyvesant, Homecrest, Bensonhurst, Kensington, Boerum Hill, Manhattan Beach, Borough Park, Mapleton, Brighton Beach, Marine Park, Brooklyn Heights, Midwood, Navy Yard, Long Island, New York City, NYC, Brooklyn, Queens, Manhattan, Bronx, Bethpage, Riverhead, Mineola, Oyster Bay, North Hempstead, West Hempstead, Garden City, Huntington, Islip, Hicksville, Plainview, Farmingdale, Melville, Seaford, Massapequa, Rockville Center, Baldwin, Wantaugh, Bellmore, Lindenhurst, Forest Hills, Springfield Gardens, Ozone Park, New Hyde Park, Floral Park, Babylon, Copiague, Syosset, Carle Place, Westbury, Levittown, Bayshore, Smithtown, Brookhaven, Brentwood, NYPD

$125,000 FOR MOTORCYCLE ACCIDENT VICTIM

Following two days of trial, Ronald D. Ingber successfully obtained a settlement of $125,000 for a 20-year-old male who was traveling on Newbridge Road in Nassau County on his motorcycle when an elderly gentleman pulled out of a parking lot causing a collision. The client suffered a hand fracture requiring surgery. We alleged that the defendant was negligent in the operation of his vehicle. An independent witness claimed the client was speeding while weaving in and out of traffic. Nevertheless, we were successfully able to discredit her testimony and reach a favorable resolution. New York Legal Help , NY Attorneys, auto, car, motorcycle, truck and bus collisions, pedestrian, crash, train, construction, injured, Barren Island, Gravesend, Bath Beach, Greenpoint, Bay Ridge, Highland Park, Bedford, Stuyvesant, Homecrest, Bensonhurst, Kensington, Boerum Hill, Manhattan Beach, Borough Park, Mapleton, Brighton Beach, Marine Park, Brooklyn Heights, Midwood, Navy Yard, Long Island, New York City, NYC, Brooklyn, Queens, Manhattan, Bronx, Bethpage, Riverhead, Mineola, Oyster Bay, North Hempstead, West Hempstead, Garden City, Huntington, Islip, Hicksville, Plainview, Farmingdale, Melville, Seaford, Massapequa, Rockville Center, Baldwin, Wantaugh, Bellmore, Lindenhurst, Forest Hills, Springfield Gardens, Ozone Park, New Hyde Park, Floral Park, Babylon, Copiague, Syosset, Carle Place, Westbury, Levittown, Bayshore, Smithtown, Brookhaven, Brentwood, NYPD

$100,000 FOR PEDESTRIAN KNOCKDOWN

Ronald D. Ingber successfully negotiated a settlement for a 49-year-old male struck by a motor vehicle while crossing the street in Nassau County. Plaintiff alleged that the defendant violated the Vehicle and Traffic Laws of the State of New York in failing to yield the right of way and failing to observe the roadway. The client went to the hospital later that day complaining of neck pain and subsequently underwent surgical intervention. We successfully settled for the entire insurance policy of $100,000. New York Legal Help , NY Attorneys, auto, car, motorcycle, truck and bus collisions, pedestrian, crash, train, construction, injured, Barren Island, Gravesend, Bath Beach, Greenpoint, Bay Ridge, Highland Park, Bedford, Stuyvesant, Homecrest, Bensonhurst, Kensington, Boerum Hill, Manhattan Beach, Borough Park, Mapleton, Brighton Beach, Marine Park, Brooklyn Heights, Midwood, Navy Yard, Long Island, New York City, NYC, Brooklyn, Queens, Manhattan, Bronx, Bethpage, Riverhead, Mineola, Oyster Bay, North Hempstead, West Hempstead, Garden City, Huntington, Islip, Hicksville, Plainview, Farmingdale, Melville, Seaford, Massapequa, Rockville Center, Baldwin, Wantaugh, Bellmore, Lindenhurst, Forest Hills, Springfield Gardens, Ozone Park, New Hyde Park, Floral Park, Babylon, Copiague, Syosset, Carle Place, Westbury, Levittown, Bayshore, Smithtown, Brookhaven, Brentwood, NYPD

$90,000 FOR PASSENGER IN CAR ACCIDENT

Ronald D. Ingber successfully obtained a pre-trial settlement of $90,000 for a 34-year-old male sanitation worker who was a passenger in a sanitation truck which was struck in the rear by another vehicle in Queens County. We alleged that the defendant was negligent in the operation of her vehicle. After consulting with doctors, the client was diagnosed with a lumbar herniation and prescribed three months of physical therapy. The case was resolved shortly following depositions. New York Legal Help , NY Attorneys, auto, car, motorcycle, truck and bus collisions, pedestrian, crash, train, construction, injured, Barren Island, Gravesend, Bath Beach, Greenpoint, Bay Ridge, Highland Park, Bedford, Stuyvesant, Homecrest, Bensonhurst, Kensington, Boerum Hill, Manhattan Beach, Borough Park, Mapleton, Brighton Beach, Marine Park, Brooklyn Heights, Midwood, Navy Yard, Long Island, New York City, NYC, Brooklyn, Queens, Manhattan, Bronx, Bethpage, Riverhead, Mineola, Oyster Bay, North Hempstead, West Hempstead, Garden City, Huntington, Islip, Hicksville, Plainview, Farmingdale, Melville, Seaford, Massapequa, Rockville Center, Baldwin, Wantaugh, Bellmore, Lindenhurst, Forest Hills, Springfield Gardens, Ozone Park, New Hyde Park, Floral Park, Babylon, Copiague, Syosset, Carle Place, Westbury, Levittown, Bayshore, Smithtown, Brookhaven, Brentwood, NYPD

$85,000 DRAM SHOP ACT - INTOXICATED DRIVER OF MOTOR VEHICLE

During opening statements, Robert M. Brinen obtained an $85,000 settlement for a 48-year-old man who was in a passenger in a motor vehicle accident after leaving a tavern in Nassau County. Plaintiff alleged that the tavern owner was negligent in serving alcohol to the driver of a motor vehicle knowing the driver was already intoxicated creating a dangerous situation. Our client underwent physical therapy for his herniated discs, suffered facial lacerations and a concussion. New York Legal Help , NY Attorneys, auto, car, motorcycle, truck and bus collisions, pedestrian, crash, train, construction, injured, Barren Island, Gravesend, Bath Beach, Greenpoint, Bay Ridge, Highland Park, Bedford, Stuyvesant, Homecrest, Bensonhurst, Kensington, Boerum Hill, Manhattan Beach, Borough Park, Mapleton, Brighton Beach, Marine Park, Brooklyn Heights, Midwood, Navy Yard, Long Island, New York City, NYC, Brooklyn, Queens, Manhattan, Bronx, Bethpage, Riverhead, Mineola, Oyster Bay, North Hempstead, West Hempstead, Garden City, Huntington, Islip, Hicksville, Plainview, Farmingdale, Melville, Seaford, Massapequa, Rockville Center, Baldwin, Wantaugh, Bellmore, Lindenhurst, Forest Hills, Springfield Gardens, Ozone Park, New Hyde Park, Floral Park, Babylon, Copiague, Syosset, Carle Place, Westbury, Levittown, Bayshore, Smithtown, Brookhaven, Brentwood, NYPD

$65,000 FOR BURN VICTIM

Robert M. Brinen successfully negotiated a $65,000 settlement on behalf of our client in Nassau County. The tenant alleged that she sustained first and second degree burns to her chest and abdomen area when scolding hot water splashed on her due to the landlord’s failure to maintain the boiler and regulator. We commenced a lawsuit in New York Supreme Court claiming that the landlord was in fact a slumlord who kept the premises in a dangerous and unsafe condition. Long Island, New York attorneys of SILER & INGBER, LLP offer a diverse legal practice representing clients in communities such as New York City, Brooklyn, Queens, Manhattan, the Bronx, Bethpage, Riverhead, Mineola, Oyster Bay, North Hempstead, West Hempstead, Garden City, Huntington, Islip, Hicksville, Plainview, Farmingdale, Melville, Seaford, Massapequa, Mineola, New Hyde Park, Floral Park, Rockville Center, Baldwin, Wantaugh, Bellmore, Babylon, Copiague, Syosset, Carle Place, Westbury, Levittown, Bayshore, Smithtown, Brookhaven, Brentwood, Shirley, and Mastic.

$60,000 FOR MOTORCYCLE ACCIDENT VICTIM

Ronald D. Ingber successfully obtained a of $60,000 for a 42-year-old New York City corrections officer who was traveling on the Southern State Parkway when he was struck by a motor vehicle in Nassau County. We alleged that the defendant was negligent in the operation of his vehicle while the defendant alleged that the client was speeding and weaving in and out of traffic. The client suffered a cervical herniation and scarring to his neck and shoulder area. We obtained the insurance policy limit of $50,000 from the defendant and an additional $10,000 from an additional household insurance policy that belonging to another household member.

$54,750 FOR WOMAN IN MOTOR VEHICLE ACCIDENT

Ronald D. Ingber obtained a pre-trial settlement of $54,750 for a 26-year-old woman who was struck by another vehicle which went through a steady red light. We alleged that defendant was negligent in the operation of his vehicle. The client sustained a herniated disc in her lower back resulting in pain radiating into her left leg. She subsequently underwent chiropractic care, but contended that she suffers ongoing loss of the strength and mobility of her back. The defense argued that there was a minor impact with no damage to the cars. We were able to prove, however, that the impact was to the bumper with some force consequently allowing the case to resolve.

Should you or a friend be injured in a car accident, motorcycle accident, or slip and fall, please feel free to call SILER & INGBER, LLP for a Free Consultation. The Long Island, New York attorneys of SILER & INGBER, LLP represent clients in communities such as New York City, NYC, Brooklyn, Queens, Manhattan, Bronx, Bethpage, Riverhead, Mineola, Oyster Bay, North Hempstead, West Hempstead, Garden City, Huntington, Islip, Hicksville, Plainview, Farmingdale, Melville, Seaford, Massapequa, Rockville Center, Baldwin, Wantaugh, Bellmore, Lindenhurst, Forest Hills, Springfield Gardens, Ozone Park, New Hyde Park, Floral Park, Babylon, Copiague, Syosset, Carle Place, Westbury, Levittown, Bayshore, Smithtown, Brookhaven, Brentwood

$52,000 PEDESTRIAN KNOCKDOWN – HERNIATED DISC

Robert M. Brinen successfully negotiated a $52,500 settlement for a 50-year-old male who was struck by a motor vehicle while crossing the street in Nassau County. Plaintiff alleged that the defendant violated the Vehicle and Traffic Laws of the State of New York in failing to yield the right of way and failing to observe the roadway. The client went to the hospital later that day complaining of shoulder pain. Despite his pain, he did not follow up with a private doctor because he thought he would not be covered by insurance because he did not know the identity of the owner or the driver of the car. He came to our office several weeks later, took our advice and consulted with a doctor who examined his shoulder and prescribed an MRI. The client suffered a rotator cuff tear in his shoulders of physical therapy but was unable to have surgery due to his physical condition. The Long Island, New York attorneys of SILER & INGBER, LLP represent clients in communities such as New York City, NYC, Brooklyn, Queens, Manhattan, Bronx, Bethpage, Riverhead, Mineola, Oyster Bay, North Hempstead, West Hempstead, Garden City, Huntington, Islip, Hicksville, Plainview, Farmingdale, Melville, Seaford, Massapequa, Rockville Center, Baldwin, Wantaugh, Bellmore, Lindenhurst, Forest Hills, Springfield Gardens, Ozone Park, New Hyde Park, Floral Park, Babylon, Copiague, Syosset, Carle Place, Westbury, Levittown, Bayshore, Smithtown, Brookhaven, Brentwood, NYPD

Don't Take Our Word For It . . . Hear What Others Have To Say About the SILER & INGBER, LLP Law Firm

See what Lisa Marie M. from Massapequa recently wrote about us: "I used Siler & Ingber, LLP law firm to handle my personal injury case and I could not be more satisfied! They were able to settle my case at an amazing number that was more than I could have ever imagined for. Everyone working at this law firm was extremely considerate to my needs and very knowledgable. They made me feel like I was their most important client when I was there. After dealing with Siler & Ingber I would never even think of using a different frim. I sincerely recommend using Siler & Ingber law firm, you will NOT be dissappointed!!"

$1.5 MILLION DOLLAR SETTLEMENT

Plaintiff commenced a lawsuit alleging that the Defendant physician commited medical malpractice during the time of his examinations, consultations and treratments of Plaintiff's deceased spouse. The Defendant failed to diagnose and treat the decedent's metastatic gastric adenocarcinoma at an early stage and at a time when the disease could have been treated and arrested and further deprived the Plaintiff decedent of a possibility of remission and cure by his delay. At mediation, Scott Charnas, trial counsel to SILER & INGBER, LLP, obtained a $1.5 million dollar settlement for the Plaintiff. If you need a long island personal injury lawyer, contact SILER & INGBER, LLP.

Car Insurance Tune-Up

By TOM TORBJORNSEN

Learn About Cars
With over 35 years of automotive experience, Tom makes learning about cars easy. Get more of his advice:

Ask a Car Question Listen to Tom's Interviews Listen to Tom LIVE About Tom We keep our cars tuned up, but what about our automobile insurance? Recently I had a chat with an insurance broker. The topic of conversation? Smart insurance buying.

After our conversation I realized that the biggest mistake an uninformed consumer makes is to regard insurance coverage as a commodity... as generic as the oil purchased for the car. An insurance policy is a personalized service contract that provides coverage for you and your family in the event of an accident. When you read your auto policy the language is anything but simple. And everyone knows it's not inexpensive! To regard auto insurance as a "necessary evil" to be purchased as cheap as possible is a foolish and ignorant approach to this very necessary aspect of driving an automobile. Based on our conversation, here's how to get the biggest "bang for your buck" when purchasing automobile insurance:

BUY AS HIGH A LIABILITY LIMIT AS YOU CAN AFFORD - This is the coverage that protects you in the event you get into an accident and are accused of negligence. Remember, a lawsuit can be brought against you despite your culpability - and damages sought in today's court actions seldom fall below six figures. Often the spouse of the injured party seeks more than $100,000 for "loss of services." This doesn't include the dollars requested for the injured party. Question... how far would your present policy go in responding to this kind of a suit? Be realistic, not ridiculous in determining the amount of liability you need. Most insurance companies will write liability coverage up to at least $500,000. Adding an umbrella liability policy in the amount of one, two, three million (or more depending on your situation) will go a long way in protecting you. Only buying $50,000 coverage? See how long that lasts you when you get the hospital bill from the party you hit for three or four weeks... oh, and I forgot about the "loss of services."


BUY SUPPLEMENTAL UNINSURED MOTORIST COVERAGE - This is the coverage that protects you in the event you are involved in an accident with an uninsured motorist, or a motorist with low limits of liability insurance coverage. Let's say that you're involved in an accident resulting in serious injury to you, and possibly your passengers. No matter what the amount a court might award, if the negligent party has inadequate liability coverage and few assets, your award is of little value. The Supplemental Uninsured Motorist portion of your policy provides the liability coverage the other driver should have had, up to the limit you carry on your policy.

CARRY HIGH DEDUCTABLES ON YOUR PHYSICAL DAMAGE - Higher liability as well as Supplemental Uninsured Motorist coverage means higher premiums. A good way to help pay for this is to carry as high a deductible on your collision and comprehensive as you can reasonably afford. This brings the price of the premiums down.

CONSIDER DROPPING PHYSICAL DAMAGE ON OLDER VEHICLES - This is not an easy call. Typically, an insurance company charges less for collision and comprehensive on an older vehicle. In general, when a vehicle is six years old or more, it's worth considering this change. Things to take into consideration when trying to make this call are value of the vehicle, its condition, how much you drive it, and the policy charge for the coverage. At some point the charge for the coverage will not be worth what you could collect in the event of a loss. Never skimp on liability coverage in order to pay for less important physical damage coverage on a vehicle that is worth less than what the policy would pay in the event of a loss.

DEAL WITH AN AGENT THAT HAS YOUR CONFIDENCE - Make sure your agent gives you the service you need. Ask questions about coverage under different scenarios and ask for recommendations. Deal with a full-service agency; one that offers all the products you need and has the staff to make the complex insurance marketplace bearable.

'Til next time...Keep Rollin'

A Great Tool To Determine Blood Alcohol Content

Blood Alcohol Calculator

Anderson Cooper 360: Keeping them Honest

Building on a previous story revealing the “Three Ds” of insurance tactics to deny auto accident victims due compensation, CNN reported on a bill recently passed that would require insurance companies who refused to pay a claim and lost in court to pay up to three times the initial claim value and attorney’s fees. Insurance companies wasted no time filing a referendum and have waged a massive $8 million advertising campaign to get voters to say no to the law.

Drunk drivers and BAC limits in wrongful death cases

Breath testing can not always be performed. As an attorney representing the victims of drunk drivers, I know that due to circumstances beyond the control of law enforcement, BrAC (breath alcohol concentration) measured with a machine commonly referred to as a Breathalyzer can not always be tested during the time required by law to determine the BAC (Blood Alcohol Concentrations). Usually this is because the drunk driver has also been injured in the wreck they caused and must be rushed to a hospital for treatment. Thankfully, as a matter of course, hospitals do test for alcohol (ETOH) concentrations in the blood. For the lawyer attempting to convert serum alcohol to breath alcohol, the following formula will give you a rough conversion. I say it is rough because many physiological factors can affect the serum concentration.

SERUM to BAC FORMULA
Blood alcohol levels are coded in terms of percent by volume (serum %). Percent by volume equals the milligrams of alcohol found per deciliter of blood (mg/dl) divided by 1000. For example, a level of 30 mg/dl would be 0.03% alcohol. How labs report blood alcohol concentrations (BAC) varies. Many use the format used here (serum %), while others report BAC as milligrams of alcohol per deciliter of blood (mg/dl)—as in 30 mg/ dl. To convert mg/dl results to serum % results, divide by 1,000. Only BAC levels should be entered here; levels based on other body fluids such as vitreous fluid should not. Use caution when interpreting BAC levels because variation in the time elapsed between ingestion of substances, time of death, and time of drawing body specimens for toxico-logical analysis will affect the outcome.

General Effects of Alcohol
Effects of Alcohol at Different Blood Alcohol Contents Number of Drinks Blood Alcohol Content Typical Effect:
0.02-.03 Noticeable cognitive changes
.10-.15 Person obviously intoxicated, delirium
.24-.36 Loss of consciousness
.48 Severe coma possibly resulting in death

Test assumptions
Blood alcohol tests assume the individual being tested is average in various ways. For example, on average the ratio of BAC to breath alcohol content (the partition ratio) is 2100 to 1. In other words, there are 2100 parts of alcohol in the blood for every part in the breath. However, the actual ratio in any given individual can vary from 1300:1 to 3100:1, or even more widely. This ratio varies not only from person to person, but within one person from moment to moment. Thus a person with a true blood alcohol level of .08 but a partition ratio of 1700:1 at the time of testing would have a .10 reading on a Breathalyzer calibrated for the average 2100:1 ratio. A similar assumption is made in urinalysis. When urine is analyzed for alcohol, the assumption is that there are 1.3 parts of alcohol in the urine for every 1 part in the blood, even though the actual ratio can vary greatly. Breath alcohol testing further assumes that the test is post-absorptive - that is, that the absorption of alcohol in the subject's body is complete. If the subject is still actively absorbing alcohol, his body has not reached a state of equilibrium where the concentration of alcohol is uniform throughout the body. Most forensic alcohol experts reject test results during this period as the amounts of alcohol in the breath will not accurately reflect a true concentration in the blood.

Understanding Truck Accidents

A truck is a motor vehicle for transporting goods. By definition, a large truck is any truck that weighs over 10,000 pounds, and crashes involving large trucks are more likely to result in serious personal injury and wrongful death because of their shear weight and large size.

By nature, trucks are massive and hard to maneuver, which can make for dangerous conditions while driving. Truck accidents take a huge toll on many aspects of human life, including financial hardship, physical injuries or death, and emotional devastation.

Trucking is the leading transporter of goods in this country and is expected to expand in the coming years. While expansion of commercial trucks is good news for the trucking companies and the nation’s economy, it is bad news for cars, vans, SUVs and pedestrians sharing the road with these potentially lethal giants.

Statistically, trucks are the most dangerous vehicles on the highways and roads today. As the number of trucks on the roads increase, more and more drivers are at risk. In fact, one out of nine deaths caused by accidents involves at least one truck. About 5,000 trucks are involved in fatal accidents every year. Approximately every 16 minutes a person is killed or injured in a truck accident. From 1992 to 2006, the number of large trucks involved in fatal crashes increased by 10% due to driver fatigue, unsafe vehicle operation, large unstable loads or defective equipment. 500,000 truck accidents occur every year in the U.S.

The unique danger posed by truck accidents can be made worse depending on the nature of the goods the truck is carrying. For instance, if hazardous or flammable materials are onboard, secondary injuries attributable to such dangerous cargo can result, including burns and respiratory injuries.

When truck accidents do occur, trucking companies involved in the accident often immediately send their representatives to the site of the accident. These agents attempt to handle everything at the accident site in an effort to mitigate their company’s liability. These company representatives know the ideal time to confront an accident victim is immediately following the event. Unfortunately, the victim and their families often struggle alone through the difficult after-effects of a truck accident. There are problems related to medical expenses, income loss, property damage, and emotional trauma. Victims and their families face difficult times getting adequate compensation from the insurance companies and truck companies.

We at SILER & INGBER, LLP stand with you in such difficult times. With our experienced truck accident attorneys, victims can have control and participate in ensuring their rights and interests are protected. Contact our New York personal injury lawyer Ronald Ingber for a free consultation at 1-877-529-4343

Don't Take Our Word For It . . . Hear What Others Have To Say About the SILER & INGBER, LLP Law Firm

Kenneth McLellan has endorsed New York Personal Injury attorney Ronald Ingber at Siler & Ingber, LLP. "Ron Ingber will do a great job on your case. I know because I've dealt with him as an adversary. I am a defense attorney and feel very comfortable referring plaintiff's cases to him whenever the opportunity arises. He is an aggressive attorney, but also personable and always keeps his clients' best interests in mind. I recommend him without hesitation."

New York Assemblywoman Wants to Lower Accident Rate

New York Assemblywoman Galef is introducing legislation to directly combat inexperience within new teenage drivers, by increasing supervised driving hours and curtailing the number of occupants within a car.

“It is absolutely necessary that we fully educate our young drivers and protect them and other motorists from inexperience on our roadways,” said Galef. “We must do all we can, legislatively, to keep our young drivers safe and secure.”

Assembly bill 2220 of 2007, increases the number of driving hours required to be supervised prior to the issuance of a limited class or class DJ or MJ license, from twenty to fifty and requires fifteen of those hours to be during sunset and 9 o’clock at night. Assembly bill A.2221, of 2007, places restrictions on learners’ permits and drivers’ licenses, by prohibiting inexperienced drivers to have other teenagers in the car unless accompanied by a licensed driver twenty one years of age or older; putting into action the recommendations of the Automobile Association of America (AAA).

According to the National Highway Traffic Safety Administration (NHTSA), in 2005, 44 percent of fatalities of 15 to 20 year olds occurred in speed related crashes. Also, states with night-time driving restrictions show crash reductions of up to 60 percent during restricted hours. Furthermore, NHTSA reports, in their Beginning Teenage Driver statistics, that 78 percent of 16 year old fatalities and 69 percent of 17 to 19 year old fatalities were due to driver error. During devastating fatal crashes, 29 percent of the time the car was occupied by more than three occupants, with a driver 16 years of age, and 24 percent of the time with a driver 17 to 19 years old. “An automobile can be a dangerous weapon in the hands of an inexperienced driver,” said Galef. “Just as young children are unsteady when they first learn to walk, teens need time to adjust to the complexities of learning to drive.” A recent report released by AAA found that car accidents are the leading cause of death among 16-19 year olds. In New York State alone, 279 fatalities of 15-17 year old drivers occurred between 1995 and 2004. Nearly 280 passengers of these drivers were killed during this time period. In this eight year span there were also 187 occupants of other vehicles that were killed along with 86 non-motorists, bringing the total of fatalities caused by 15-17 year old drivers to over 800, averaging 100 per year in New York State alone. Galef believes, “By enacting these small changes, we could cut back on the number of accidents involving young people. It is my hope to see this legislation become law, to make the roads safer for new drivers, while also protecting our motorists and pedestrians across the state.”

If you or your loved one have been in an accident in NY that involved a serious injury, know your legal rights by contacting SILER & INGBER, LLP or emailing NY accident lawyer Ronald Ingber at ringber@nylawnet.com

ERISA, the US Supreme Court, and Your 401(k)

On February 22, 2008, the US Supreme Court handed down an ERISA decision that has the potential to create protections for a wide range of workplace benefits where none have existed . . . and it was a unanimous decision.

First, briefly, the alignment of justices is worth some mention. The outcome is unanimous, but there are three decisions. The majority opinion was written by Stevens and joined by Souter, Ginsburg, Breyer, and . . . Alito. Chief Justice Roberts wrote an opinion that concurred, in part, in the majority's reasoning and concurred in the judgment. Roberts' decision was joined by Kennedy. Last, Thomas wrote an opinion that Scalia joined - no surprise there - but it also concurred in the judgment.

ERISA was created under a very different healthcare and pension regime than we have today. Most of ERISA applies to defined benefit plans and provides a wide range of protections for them. It has weak to no remedies for the increasingly more prevalent defined contribution plans, for 401(k)s, and for a range of other benefits, such as health insurance.

What makes these weak to nonexisten ERISA remedies a problem is that ERISA also has far ranging preemption of any state law - defined broadly to include cases, statutes, and more. What this means is that what could be a state tort claim for medical malpractice or a breach of contract claim is preempted by ERISA - meaning you can only sue under ERISA.

But ERISA's remedies are so weak that this often means no remedy.

What this new case, LaRue v. DeWolff Boberg & Assocs. Inc does is interpret one of ERISA's remedies sections, § 502, to provide a remedy. While a modest change, the reasoning creates the possibility of applying it to other claims.

So this is what is important about this case. And the surprise of unanimity. Not really a surprise, given Justice Ginsberg's plea for such a change in the Davila case of a few years ago. That plea came in a concurrence in another unanimous ERISA case which found no meaningful remedy for plaintiffs who had suffered terrible injuries.

Here is a description of LaRue from the Supreme Court's summary. I don't expect it to be an easy read. You have to know ERISA and the way it has been interpreted to fully appreciate it, but it will give enough information for those who don't to see what the case means.

Petitioner, a participant in a defined contribution pension plan, alleged that the plan administrator’s failure to follow petitioner’s investment directions “depleted” his interest in the plan by approximately $150,000 and amounted to a breach of fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA). The District Court granted respondents judgment on the pleadings, and the Fourth Circuit affirmed. Relying on Massachusetts Mutual Life Ins. Co. v. Russell, 473 U. S. 134 , the Circuit held that ERISA §502(a)(2) provides remedies only for entire plans, not for individuals.

Held: Although §502(a)(2) does not provide a remedy for individual injuries distinct from plan injuries, it does authorize recovery for fiduciary breaches that impair the value of plan assets in a participant’s individual account. Section 502(a)(2) provides for suits to enforce the liability-creating provisions of §409, concerning breaches of fiduciary duties that harm plans. The principal statutory duties imposed by §409 relate to the proper management, administration, and investment of plan assets, with an eye toward ensuring that the benefits authorized by the plan are ultimately paid to plan participants. The misconduct that petitioner alleges falls squarely within that category, unlike the misconduct in Russell. There, the plaintiff received all of the benefits to which she was contractually entitled, but sought consequential damages arising from a delay in the processing of her claim. Russell’s emphasis on protecting the “entire plan” reflects the fact that the disability plan in Russell, as well as the typical pension plan at that time, promised participants a fixed benefit. Misconduct by such a plan’s administrators will not affect an individual’s entitlement to a defined benefit unless it creates or enhances the risk of default by the entire plan. For defined contribution plans, however, fiduciary misconduct need not threaten the entire plan’s solvency to reduce benefits below the amount that participants would otherwise receive. Whether a fiduciary breach diminishes plan assets payable to all participants or only to particular individuals, it creates the kind of harms that concerned §409’s draftsmen. Thus, Russell’s “entire plan” references, which accurately reflect §409’s operation in the defined benefit context, are beside the point in the defined contribution context.