Winter 2009 Legal News YOU Can Use A send-off for Jack Schamel Workers comp expert retires, field passes to co-worker attorney In This Issue: Jack Schamel Retires Ziff Law Firm Staff Spotlight: Sara Denierio-Buchanan Local business spotlight: PC Solutions Car Insurance New Yorkers Don t Need Legal Tips You Can Use What Is My Case Worth? How Nurse Consultants Help Law Firms Bankruptcy Foreclosure Free Seminar $100 Gift Certificate For Leagl Services Visit Our Blog at www.nyinjurylawblog.com Jack Schamel, Eric Johnson and Terri Jack Schamel has been around some interesting corners in life. He s been a Marine, a teacher, a town justice, and a labor negotiator - to name just a few of his careers. Since 2002, Jack has been the Workers Compensation expert at the Ziff Law Firm. In 2007, attorney Eric Johnson began working with Jack in the firm s Workers Compensation and Social Security Disability group. They were a team, ensuring that injured workers in New York and Pennsylvania received fair treatment. Now Jack is ready for new challenges. He retired Feb. 1st from the firm, handing over the helm of the Workers Comp and SSD group to Eric. The staff at the Ziff Law Firm, the people he fought for, and the battles in Workers Compensation court those are the three things Jack Schamel says he ll miss most. I also have a strong belief that we should help people when we have the opportunity or the ability, he says. Jack has spent much of his life making a difference in the Twin Tiers. He came out of the Marine Corps in 1958 and went to Mansfield University (two years ago he was inducted into the Hall of Fame there.) He worked his way through college, then started teaching and coaching at Southside High School in Elmira in 1962. He was vice president of the teachers union, served on the Waverly School Board, had a scuba-diving business on the side and in 1971 was a national sales manager for a California company. Jack did labor consulting on the side when he worked with the union. Jim Reed, Managing Partner of the Ziff Law Firm, suggested that Jack train to try Workers Compensation cases. If you pass a test and orientation you can get licensed to do comp either for carriers or injured workers, Jack says. I took the test for injured workers - and passed on the third try. In retirement, Jack, who s held a Private Investigator s license for about 20 year, says he ll still do some investigation work for the firm. More pursuits that will keep him busy include union matters, working for the Democrats and whatever looks interesting, Jack says. That includes probono work for the National Staff Organization, something he s been doing since 1991. I also have 13 grandchildren, he adds, so that will also take some time, too. Jack leaves the firm s workers comp and SSD group in the very capable hands of Eric Johnson. Like Jack, Eric has taken a few detours in his career path. His undergraduate degree (1998, East Carolina University) was in nursing, and he worked as a registered nurse in places including North Carolina, Pennsylvania, California and Hawaii. Yes, Hawaii. Eric s an avid surfer who took travel nursing assignments where the waves were. Eric earned a law degree from Penn State s Dickinson School of Law in 2002 and was licensed in North Carolina the same year. When he decided to practice law, he worked in the areas of bankruptcy and housing law with a public interest law firm in North Carolina. Eric maintained a friendship with law school classmate Matt Hughson, bankruptcy attorney with the Ziff Law Firm, and that s how this surfer/nurse/ lawyer found his way to Elmira. He was licensed to practice law in New York in September 2008, and his years of nursing experience are a real advantage in his practice area focus. If you have questions about Workers Compensation and Social Security Disability, visit Zifflaw.com or e-mail ejohnson@zifflaw.com. 303 William Street, Elmira, NY 14902 Phone: 607-733-8866 Toll Free: 800-ZIFFLAW www.zifflaw.com LegalNews_Winter.indd 1 2/26/09 12:15:40 PM
Ziff Law Firm Staff Spotlight: Sara Denierio-Buchanan Since October 2007, it s likely that the first voice you hear or face you see representing the Ziff Law Firm will be Sara Denierio-Buchanan s. As the firm s full-time receptionist, Sara answers the switchboard and greets clients who come to the office. She also distributes the firm s mail and handles a variety of clerical duties, including keeping the client database current and making appointments for some of the attorneys. Sara is an Elmira native and a 2002 honors graduate of Elmira Free Academy. Prior to working with the Ziff Law Firm, she was a mortgage loan processor with SMC Mortgage Company for five years. I started working for SMC right out of high school and that is how I came to be introduced to many of the staff here at Ziff Law, Sara says. We did many real estate transactions together. Sara is the daughter of Jeffrey and Deanna Denierio, owners and operators of Denierio s Auto Detailing in Elmira since 1990. In her spare time, Sara says she enjoys accessorizing her vehicles and making them look classy. Being a daddy s girl, this is something that I learned from my father and we enjoy doing together, she says. Sara has also been brainstorming on a clothing line with her father, called Sara s Summer Series, Simply Gold. The line and Sara - was recently featured in a full page Denierio s ad in the Star Gazette. Another recent event in Sara s life was her marriage in October 2008 to Hank Buchanan Jr. Hank, also an Elmira native, is service manager at Moore Tire Sales in Elmira. We met while we were in school through mutual friends, Sara says. We started dating in 2000 and we have been by each others side ever since. Interests they share include snowmobiling during the winter season, and this summer Hank will be racing his car at RedLine Raceway for the first time, something they are both very excited about, Sara says. I enjoy working in a fast-paced environment, Sara says. I also enjoy the everyday meeting and greeting of all who walk in our door. I have met so many people - whether they are clients, attorneys, or realtors. I enjoy getting to know new people every day. The next time you visit the Ziff Law Firm, you now know a bit more about Sara Denierio-Buchanan, the first person you ll see there. Sara says the things she would want people who haven t seen her for a while to know are that she bought her first home in May 2006 and things are going great for her. LegalNews_Winter.indd 2 2/26/09 12:15:44 PM
Local business spotlight: PC Solutions A contemporary law firm s technology is a vital part of its success. There are thousands of confidential client records and documents to store and share, along with arguments and briefs to write. Add to that the fact that the Ziff Law Firm is a paperless office, and you can understand that a secure and effective computer network is essential for the firm. For more than 10 years, the Ziff Law Firm has depended on the expertise of PC Solutions & Consulting in Elmira. It s a family owned business run by Roy, Kathy and Jason Brotherhood. PC Solutions offers a full spectrum of technology answers for small businesses, including computers, network setups, components, upgrades, repairs and support. What really sets the company apart, however, may be revealed by a quote on their website: We make things work. Downtime is a real hardship for a law firm. Roy has a history of responding to the Ziff Law Firm s needs quickly even on nights or weekends, making sure the computers are working at all times. We started the business in December 1995, Roy says. After 20 years working in manufacturing engineering and manufacturing management I found myself unemployed and ready for a career change. I always had an interest in computer repair, so I acquired the necessary training to help me start the business as a one-man show. Roy s original intent was to work out of his home and offer consulting and business repairs. In 1997 he and Kathy had to open a retail store to accommodate the traffic they had. The rest is history. Roy, a Milwaukee, Wis., native, came to the area in 1990. Kathy is an Elmira native (her maiden name is Lagonegro). Son, Jason, is a co-owner of the business. PC Solutions has been a family business from the start, Roy says. Kathy joined the business in 1998 to handle the accounting side. I needed help I could trust and rely on, so I offered Jason a job. He moved here from Milwaukee, and is responsible for all retail sales and organizing repairs. I do all the business networking, service calls and assist with customer repairs. Today, PC Solutions supports more than 30 local business networks, some with more than 20 users. PC Solutions & Consulting, Ltd. is located at 407 S. Walnut St. in Elmira. Store hours are 10 a.m. to 5 p.m. Monday through Friday; 10 a.m. to 8 p.m. Thursday; and 9 a.m. to 1 p.m. Saturday. Call (607) 735-0466, (800) 846-2002 or e-mail roy@powerpcs.com for more information, and don t forget to visit www.powerpcs.com for many more details about services and products available. LegalNews_Winter.indd 3 2/26/09 12:15:47 PM
Car Insurance New Yorkers Don t Need Local insurance expert Peter Wallin of Wallin Insurance (www. wallininsurance.com) has some important advice for any New Yorkers planning on renting a car. It recently appeared in Peter s own newsletter. He had taken his family on a trip to Florida and the experience sparked the idea of writing about the dos and don ts of rental car insurance. Here is his advice: Rental Car Insurance You rent a car while on vacation. As you get to the rental agency counter at the airport they ask you the dreaded question: Do you want to buy accident insurance for this rental car? It s only $14.95 per day. Well, here s your answer, right from your local insurance agent - NO! You do not need to buy the extra insurance. If the rental contract does not exceed 30 days and the rental car will not be driven out of the United States and/or Canada, then the extra collision damage waiver and the liability does not need to be purchased from the rental company. When you have a New York personal auto policy you automatically receive rental car protection. This is not typical of insurance policies issued in other states, which is why the rental company in Florida may attempt to convince you that you need the extra protection. When in doubt, call our agency before you reserve your next rental car. Give us the details of the trip you have planned and we ll help you determine whether you need the extra insurance before you pick up the car. Go ahead - you have my permission to spend the cost savings on some extra fun instead of extra insurance! Peter Wallin You can contact Peter at (607) 734-8799 or e-mail peter@wallininsurance.com. LegalNews_Winter.indd 4 2/26/09 12:15:52 PM
Legal Tips You Can Use Settlement Smarts: Why It Makes Financial Sense To Hire An Attorney There are three very important things you should consider if you are wondering if you NEED to hire a lawyer to handle your accident case. First, lawyers act in their clients best interest and they deliver. A national study found that injured persons who were represented by an attorney received 300% more than persons who settled their claims without a lawyer. Even after deducting the standard lawyers fee of 1/3, those claimants who hired representation netted twice as much as those who accepted an insurance company s settlement. Second, if you think you might go to trial to seek a larger judgment, only an experienced attorney is qualified to assess the potential of your case. Though going to trial can take a long time, in many cases the return of the judgment in court is larger than in a settlement. You have to weigh the bird in the hand settlement against the risk of going after a greater verdict. An accomplished lawyer can help you make this tough decision based on their experience in handling similar cases. Third, the insurance company has attorneys to protect their profits shouldn t you have one to ensure you get a fair settlement? Insurance companies have a trick to cut costs. They offer a small amount of money right away, hoping accident victims will sign away their rights to sue. NEVER take an insurance check without first consulting an attorney. You need to make an informed decision about what is in your best interest. Who is it smarter to listen to your attorney whose fee is derived from your settlement, or the insurance company, who has to pay you out of the company coffers? The personal injury attorneys at the Ziff Law Firm, (Carl Hayden, Jim Reed and Adam Gee) will consult with you to see if you need to have them represent you or not. Just call us at 1-800-ZIFFLAW or e-mail us at info@ zifflaw.com and we will be happy to speak with you right away. The bottom line: Yes, attorneys have fees, but in the long run, it could cost you a LOT more NOT to hire one. LegalNews_Winter.indd 5 2/26/09 12:15:57 PM
Legal Advice What Is My Case Worth? It s a question personal injury attorneys often hear. It sure would make life easier if it were simple to answer. The truth is, every case is different and many factors influence the value of a case. Here are some of the main criteria to think about: An experienced personal injury attorney takes all of these factors into account in determining the reasonable value of your case. A good lawyer will also put his knowledge and contacts to work for you: How clear was it that the other driver was at fault? How serious were your initial injuries? By knowing and understanding what juries are deciding in his region. How long you were hospitalized? By talking to other lawyers about their experiences. How long you were out of work? By keeping track of the legal press (the general media generally limits coverage to big verdicts. The legal press reports on cases that are won and lost. How permanent are any of the injuries? What was/is the amount of your medical bills? Unfortunately, there are no hard and fast rules for determining the value of a personal injury case. You should choose a local personal injury attorney who is experienced because someone who knows what they are doing and knows your area is in the best position to advise you as to the settlement value of your case. Location, location, location. Where your case will be tried is very important. Settlement recommendations are influenced by what a lawyer thinks a jury in that jurisdiction will award. $100 Discount Coupon Coupon We know that in these tough financial times everyone could use a little help. That is why we are offering to help by taking $100 off any new legal matter for which you consult or retain the Ziff Law Firm. This $100 certificate may be redeemed for any new legal matter with our office. You can use it yourself, or give it to someone you care about who may need our services. This offer is only good for new legal matters with our firm. Don t wait this certificate expires on 7/1/09 Call Today to Schedule A Consultation: Toll Free 1-800-ZIFF-LAW (943-3529) The Ziff Law Firm has been serving clients in the Twin Tiers for more than 60 years. Our attorneys are experienced in handling cases related to: Personal injuries Accidents Wrongful death Medical and legal malpractice Defective products LegalNews_Winter.indd 6 Worker s compensation Bankruptcy Business law Divorce and family law Real estate Wills and estates 303 William Street Box 1338 Elmira, NY 14902-1338 1-800-ZIFFLAW (943-3529) 607-733-8866 WWW.ZIFFLAW.COM 2/26/09 12:16:05 PM
How Nurse Consultants Help Law Firms Settle Medical Malpractice Cases When medical negligence, That s a quote from a Kansas City Star article (2/3, Bacon), injury or illness is involved, Lawyers may benefit from nurses legal nurse consultants can in medical malpractice suits. help lawyers prepare winning I agree with the statement cases or save time and money wholeheartedly and that s why when complaints cannot be I routinely work with several medically substantiated. different legal nurses. In fact, in addition to the highly experienced (i.e. 20-plus years in practice) two nurses with whom we work most frequently, the Ziff Law Firm now has two nurses from the University of Rochester Legal Nurse program working as interns. These nurses help collect, organize, analyze and summarize medical records in our personal injury and medical malpractice cases. In the same story, attorney Brad Honnold, with Goza & Honnold LLC in Leawood, KS, said: (Legal nurses ) input is invaluable during the initial intake and screening process, and in determining whether a case has merit. There is no substitute for case analysis by nurses who have worked in the trenches and who know that a lot of the bad things that go on in the treatment of a patient NEVER make it into the written chart, despite medical training that requires ALL relevant medical data regarding a patient to be charted. What may be missing from medical charts; the sad fact is, there is a medical mantra that if it s not charted, it didn t happen. When things start to go bad for a patient, there is a very compelling tendency on the part of medical providers to hide their mistakes by failing to document their errors. A recent Pennsylvania medical malpractice case we handled illustrates the problem. The case involved a wrongful death action against a local hospital. In the official hospital chart there were less than five sentences by a nurse documenting her care of the patient over the 12 hours before his death. If you just looked at the chart for this time period, you would have assumed that the care of the patient was just fine and you wouldn t have a clue why he suddenly died. However, at the deposition of the nurse, we learned that the chart did NOT accurately reflect the patient s care and that there was TONS of important patient information that was NOT documented. WHY? Because this young, first-year nurse was concerned that if she charted all the inactivity of the doctors that were supposed to be caring for the patient, she would have been fired. Plain and simple, she was covering her own butt (and the butts of the doctors who failed to respond to her calls that the patient needed immediate attention) by leaving bad information out of the chart. A legal nurse consultant has the expertise to spot gaps and inconsistencies in medical records. They are an essential part of the team that makes a successful case. LegalNews_Winter.indd 7 2/26/09 12:16:08 PM
This $100 certificate may be redeemed for any new legal matter with our office. You can use it yourself, or give it to someone you care about who may need our services. This offer is only good for new legal matters with our firm. Don t wait this certificate expires on 7/1/09 Call Today to Schedule A Consultation: Facing Bankruptcy Or Foreclosure? Get Expert Legal Counsel At A FREE Seminar During our current economic crisis, many people are facing the painful prospect of declaring bankruptcy or losing their homes to foreclosure. This difficult situation has been made worse by self-described professionals looking to cash in on others misfortune. They may offer services that are worthless at best and may actually jeopardize your long-term financial security. Don t fall victim to the schemes of bankruptcy and foreclosure vultures with no legal training. You can find experienced legal counsel at a Free Bankruptcy Seminar offered by the Ziff Law Firm on March 18th, at 3p.m. and 6 p.m. at the Steele Memorial Library in downtown Elmira. Ziff Bankruptcy Attorney Matt Hughson will host the event and provide an introduction to the most powerful legal strategies available to cope with bankruptcy and foreclosure. To make a reservation for this very informative seminar, please visit the events page on our website, Zifflaw.com What: When: Where: Who: How Much: FREE or call us toll-free at 1-800-943-3529 Bankruptcy Seminar March 18 at 3p.m. and 6p.m. Steele Memorial Library 101 E. Church St., Elmira NY 14901 Hosted by Bankruptcy Attorney Matt Hughson of the Ziff Law Firm 303 William Street, Elmira, NY 14902-1338 PRSRT STD US POSTAGE PAID PERMIT #419 FORT MYERS, FL Co u p o n $100 Discount Coupon We know that in these tough financial times everyone could use a little help. That is why we are offering to help by taking $100 off any new legal matter for which you consult or retain the Ziff Law Firm. The Ziff Law Firm has been serving clients in the Twin Tiers for more than 60 years. Our attorneys are experienced in handling cases related to: Personal injuries Worker s compensation Accidents Bankruptcy Wrongful death Business law Medical and legal Divorce and family law malpractice Real estate Defective products Wills and estates Toll Free 1-800-ZIFF-LAW (943-3529) 303 William Street Box 1338 Elmira, NY 14902-1338 1-800-ZIFFLAW (943-3529) 607-733-8866 WWW.ZIFFLAW.COM Free Inside: valuable gift certificate worth $100 ATTORNEY ADVERTISING The information included in this newsletter is not intended as a substitute for consultation with an attorney. Specific conditions always require consultation with appropriate legal professionals. LegalNews_Winter.indd 8 2/26/09 12:16:11 PM