MCV Law is excited to announce the recent opening of a law office in Watertown, NY. Our Watertown office is located in the CANI Building, 19472 US-11 Watertown, NY 13601.
Meggesto, Crossett & Valerino, LLP
MCV Law is excited to announce the recent opening of a law office in Watertown, NY. Our Watertown office is located in the CANI Building, 19472 US-11 Watertown, NY 13601.
Parents are responsible for the negligent acts of their children. While this statement may seem logical, it is untrue. Parents are not responsible for the consequences of their children’s negligent conduct. If, however, the parents own conduct is negligent, then the parent can be held responsible for their own actions.
As an example, the child finds a firearm in the woods and negligently discharges it, causing property damage or personal injury. A parent would not be responsible for those acts. However, if the same child found a loaded hand gun in their home that the parent negligently failed to secure and the child discharges that firearm, causing property damage or personal injury, the parent could be held responsible for their own actions in negligently failing to secure the firearm.
The same is true for automobile accidents. A parent is not responsible for the negligent conduct of their child if they cause personal injury or property damage in an automobile accident. However, if the parent owns the motor vehicle being operated by their child and it is being operated with the permission and consent of the parent, then the vehicle and traffic law in the State of New York imposes responsibility upon the owner of such vehicle. Therefore, responsibility would be imposed, not because of the parent/child relationship, but rather the ownership of the motor vehicle.
Liability or responsibility for negligent acts can most often be insured against and most homeowner’s policies include children of the named insured, provided that they are residents of the household. Automobile insurance policies have their own unique coverages, and parents should from time to time review their insurance coverages for their homeowner’s coverage and automobile coverage regarding the protection not only for themselves but for their children.
James Meggesto
Partner
Email: jmeggesto@mcvlaw.com
Phone: 315-471-1664
James A. Meggesto has been practicing as a trial lawyer for over 40 years. He is a graduate of Niagara University who served in the United States Navy during the Vietnam War prior to attending and graduating from Syracuse University College of Law.
Potential clients often ask us whether or not they need an attorney. The short answer to this question is no, injured workers are not required to have an attorney. However, there are 3 key reasons why we believe injured workers should have an attorney.
1. Your Rights – Injured workers need someone on their side. The insurance company will have an attorney representing their rights, so it is important to have someone looking out for your rights. The insurance company does not work for you. In fact, their main goal is to save money. A common misconception is that the insurance company must explain what they are doing to you, but this is not true. The insurance company has no obligation to inform you of your rights or even explain the law to you. Additionally, the Judge does not work for you. While the Judge’s role is to administer justice, the Judge has no obligation to fight for your rights. As claimants’ attorneys, we are on your side and it is our role to see that you receive every benefit you are entitled to under the law.
2. The Paperwork – The Workers’ Compensation system has over 50 forms for injured workers to use for various reasons. In addition to the forms designated for you, there are numerous other forms designated for insurance carriers. If this is not enough, injured workers often receive paperwork from the Workers’ Compensation Board pertaining to their case. This creates a lot of mail and can be very overwhelming for an injured worker simply trying to get better. Also, much of the paperwork can be very difficult to understand. At MCV Law, we help our clients understand the paperwork they receive and help them decipher what is important and what is not.
3. Medical Care – Although most injured workers trust their doctors, many of them are confused by what their doctor is saying in their medical reports. As attorneys, we work to help clarify what is in your medical reports and how it will impact your case. For example, if your doctor has you at 75% temporary disability, he or she is saying something about your ability to return to work.
Although you can Google the law, call the Workers’ Compensation Board, read Blogs, etc., this is not the same as working with a team of dedicated attorneys, client advocates, paralegals, and other important staff that are focused exclusively on representing your interests. Every case is unique and our attorneys strategize, plan, and execute based on the particular facts and circumstances of each case – something the other sources cannot do for you.
Bethany Nicoletti
Email: barliss@mcvlaw.com
Phone: 315-471-1664
Bethany Nicoletti is a graduate of Ithaca College where she earned her B.A. in Communication Studies. She graduated cum laude from University at Buffalo Law School in 2013 and was admitted to the New York State Bar in the Fourth Judicial Department in 2014.
At Meggesto, Crossett & Valerino, LLP, we make sure our clients do not pay out-of-pocket for costs associated with their claims and that they receive the reimbursement they are entitled to.
Medical professionals, doctors, hospitals, and facilities treating you in New York State for your Workers’ Compensation injuries cannot bill or charge you for any costs. All billing is to be sent to the Insurance Company responsible for your claim. This is the law of New York State.
Sometimes, especially at the start of a claim, it may be unclear who your Workers’ Compensation insurance carrier is, or how they should be billed. If you happen to pay for any treatment, keep your receipt for reimbursement. Injured workers are not responsible for co-pays.
Likewise, if you are prescribed medications and the pharmacy is unable to bill the insurance carrier, you can be reimbursed for any costs you incur as a result. We encourage you to keep a receipt of such costs in order to be reimbursed.
In addition to the above reimbursements, you are also entitled to reimbursement transportation costs. This includes mileage reimbursement to and from your doctor visits. If you use a private vehicle to get to your appointments, the current reimbursement rate is $.56 per mile as of 1/1/2014. Below is a table of mileage rates for the past 5 years A complete listing of mileage rates is available and linked here http://www.wcb.ny.gov/content/main/SubjectNos/sn150_18_1.jsp
| 1-1-10 | 50 |
| 1-1-11 | 51 |
| 7-1-11 | 55.5 |
| 1-1-12 | 55.5 |
| 1-1-13 | 56.5 |
| 1-1-14 | 56 |
Mileage is paid round trip from the location you departed to attend the appointment to the point you returned to. Generally, this includes mileage from your home to the doctor or therapist and back home again. If you use public transportation or pay for parking or tolls, you should keep those receipts too for reimbursement purposes.
There is no required form to claim mileage or other out of pocket costs for reimbursement. A reimbursement request must be sent to the insurance carrier and must include the date you traveled, the location you went to, and the mileage to and from that location. Form C-257 can be used to submit mileage to the insurance carrier. That form can be found at located here: http://www.wcb.ny.gov/content/main/forms/Forms_CLAIMANT.jsp#C257
Also many times your medical providers can supply you with a listing of the dates and locations you attended treatment.
At Meggesto, Crossett and Valerino, we recommend that you submit requests for reimbursement promptly, going back no longer than six months from the date of your appointments. Older and lengthy requests take longer to be processed for payment by the insurance companies and often become the subject of a dispute. Please note that mileage not associated with treatment is not generally reimbursed, this includes mileage to hearings, the pharmacy, or your attorneys’ office. Mileage to an IME is reimbursable.
We also recommend you keep a copy of any submission you make to the Insurance carrier, including forms and receiptsand also make a record of when you send in such paperwork. If you haven’t received a response within 60 days, you should contact your attorney for assistance in following up on the request.
For more information on workers compensation, click here.
Should I file for Disability, NYS Workers Compensation or something else?
Often people call MCV Law requesting help with a “Disability Case. “ They are injured, unable to work and looking for help to pay the day-to-day bills. The first thing the Attorneys and Staff at MCV Law do is listen.
We carefully listen to your story. We’re listening for particular facts and circumstances that will help us determine what remedy or remedies may be available to you. We ask targeted questions, to determine where you may or may not be in the process of making a claim.
Generally we are trying to determine whether or not you have one of the following:
Sometimes, there is more than one type of case arising from a single event. For instance if you’re involved in a Motor Vehicle Accident, while Working you have both a Workers Compensation claim and a No Fault Motor Vehicle Accident case. If the Accident was caused by a third-party you may also have a Personal Injury Case. If the injury is life changing you may have a Social Security Disability Case as well.
Of course, every type of case has different rules, the most important of which is the Statute of Limitations. That is the time in which the injured person must act to protect their rights. Often, especially in cases dealing with municipalities or other quasi-government entities, the statute limitations is extremely short. Therefore it is important to seek legal advice shortly after your injury or injuries. MCV Law does not charge you for the initial consultation.
At Meggesto, Crossett & Valerino, LLP, we pride ourselves on being able to assist the injured person with regard to all of the cases listed above. Instead of looking only for one type of case, we look at the injured individual as a whole. We work to craft a legal strategy that is most likely to produce the best result for you, in a timely and cost-effective manner.
Be sure to click here for further information on workers compensation, and here for a more in depth look at social security disability.
Health clubs with 500 or more members must have an Automated External Defibrillator (“AED”) on the premises pursuant to the General Business Law and the Public Health Law. An AED is a portable medical device for delivery of an electroshock to restart normal heart rhythm.
In addition, health clubs with 500 or more members must have at least one individual with training in AEDs and CPR on the premises during business hours. It should be noted that any individual who uses the AED will have limited liability through what is commonly known as the Good Samaritan Law. The Good Samaritan Law provides that any person who voluntarily, and without the expectation of compensation, renders aid will not be liable for damages unless the injuries were caused by gross negligence.
Unbelievably, the Courts are currently divided as to whether the person trained to use the AED has an affirmative duty to actually use the life saving device on a person having a heart attack. Certainly, the law was meant to ensure a higher level of safety for people who belong to health clubs. It is undisputed that the likelihood of cardiac arrest increases in health clubs where people engage in physical exertion and that there is a decrease in fatality rate with the immediate use of an AED and CPR. However, the presence of an AED will be of no benefit unless it is actually used.
Heather La Dieu
Email: hladieu@mcvlaw.com
Phone: 315-471-1664
Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001. Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability. Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.
Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.
Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America. Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association. Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.
Before you can file a personal injury claim against a public corporation, you must first serve a notice of claim. A public corporation includes, among other entities, a City, County, Town, Village, Fire District, and School District. A notice of claim must ordinarily be served within 90 days after the claim arises. The claim arises on the date the accident occurs. Of course, there are exceptions to this general rule. For example, a notice of claim in a wrongful death action must be served within 90 days of the date of the appointment of a representative of the decedent’s estate.
The purpose of the notice of claim is to enable the public corporation to investigate and gather evidence while the claim is still fresh. The notice of claim must be in writing, sworn to by or on behalf of the claimant, and must set forth: (1) the name and post-office address of each claimant, and of his or her attorney, if any; (2) the nature of the claim; (3) the time when, the place where and the manner in which the claim arose; and (4) the items of damage or injuries claimed to have been sustained so far as then practicable.
A notice of claim must be served personally or by registered/certified mail on an individual that is designated by law to accept service. For example, if the notice claim is against a School District, one of the proper individuals that may accept service is a school officer. A school officer is defined in the Education Law Section 2.13.
If a notice of claim is not served within 90 days from the date the claim arises, it is possible to make an application to the court for leave to file a late notice of claim. However, this application must be made within 1 year and 90 days from the date of the incident and there is no guarantee that the court will grant your application.
As you can see, the rules are extremely complicated and it is strongly recommended that you consult an attorney. Furthermore, since there are so many exceptions and pitfalls, this blog should not be solely relied upon to serve a notice of claim against a public corporation.
Heather LaDieu
Email: hladieu@mcvlaw.com
Phone: 315-471-1664
Heather R. La Dieu has been an associate in Meggesto, Crossett & Valerino, LLP’s Litigation Department since 2001. Ms. La Dieu focuses her practice primarily in personal injury cases involving motor vehicle accidents, premises liability, construction accidents, municipal liability, wrongful death and products liability. Ms. La Dieu also practices in the area of insurance law, contract law and criminal defense.
Ms. La Dieu is a graduate of Syracuse University where she earned her B.S. in Chemical Engineering and received her J.D. at Syracuse University College of Law.
Ms. La Dieu is admitted to the New York State Bar, the U.S. District Court for the Northern District and the Supreme Court of the United States of America. Ms. La Dieu is a member of the Onondaga County Bar Association, New York Bar Association and Central New York State Women’s Bar Association. Ms. La Dieu also has arbitrated for the Syracuse City Court Arbitration Program.
Pursuant to the New York State Insurance Law, every automobile insurance policy written in the State of New York must provide for at least $50,000.00 of no-fault coverage. No-fault coverage, also known as Personal Injury Protection (PIP), provides for payment of medical expenses causally-related to the motor vehicle accident, and 80% of your lost earnings from work up to $2,000.00 per month, whichever is less.
No-fault coverage under your insurance policy will cover you, or anyone else who is injured in your vehicle, regardless of who was at fault for the accident.
There are certain exclusions under the law for no-fault benefits. For example, no-fault coverage is not afforded to individuals who are injured as a result of the use or operation of a motorcycle. Likewise, there is no coverage if the accident arose out of driving while intoxicated or under the influence of a drug, intentionally causing an injury to yourself, in the course of committing a felony, or if the vehicle that you are in is uninsured.
No-fault benefits are not the only claims that you may have as a result of a motor vehicle accident. You may have a claim for additional medical expenses, lost wage expenses, and pain and suffering, as well as other damages which may be claimed against responsible parties.
The bottom line is that the New York State Insurance Law, as it applies to automobile and motorcycle accidents, is complex. If you are involved in such an accident, you should consult an attorney to assist you.
Gary Valerino
Partner
Email: gvalerino@mcvlaw.com
Phone: 315-471-1664
Gary Valerino has been practicing law since 1989 and has been with Meggesto, Crossett & Valerino, LLP his entire career. He is a member of the Association of Trial Lawyers of America (ATLA) and the National Association of Subrogation Professionals (NASP). He is also an approved subrogation counsel for many of the major insurance companies.