Summer 2010 Legal News That YOU Can Use Why Pursuing A Big Judgment May NOT Be A Good Idea By Jim Reed In This Issue: Why Pursuing A Big Judgement May NOT Be A Good Idea Video Seminars By Ziff Lawyers Available Online Your Good Words Mean A Lot To Us Ziff Law Attorneys Specialize In A Range Of Practice Areas Meet The Attorney: Matt Hughson What Legal Rights Do Passengers Have? Intern Spotlight: Meet Tiffany Fields Staff Spotlight: Meet Terri Ziegler You would think that if you are badly hurt in a car accident, it would make sense for you to pursue a BIG judgment against the driver who hit you, right? Not necessarily A recent dialogue with a client got me thinking about how backwards it may seem to folks when I tell them that I cannot recommend taking their case to trial because they may be better off taking the insurance money even if that insurance money clearly is not sufficient to fully compensate them for their injuries. If the insurance money isn t enough, why wouldn t you want to get a judgment against the bad guy and then collect the money directly from the bad guy? The short answer is that sometimes judgments aren t worth the paper they are written on. You have heard the expression You can t get blood from a stone? Likewise, you can t collect on a judgment unless the person against whom you have the judgment has some money or other assets subject to collection. The plain hard truth is that most often when a person does not have good insurance coverage, they also don t have any real money to collect against. 1) Collection may be difficult or impossible because of the lack of assets. You may think, why not get a judgment anyways? What if the person who didn t have the assets to settle a judgment suddenly hit the lottery or came in to a lot of money? Well, first we would have to know about his windfall and he s not going to make that easy. Then he d have to be dumb enough to put it in a bank where we could reach the money THEN we might be able to collect on the judgment. 2) Collecting on a judgment is very tough and there are plenty of ways for a debtor to hide or shelter money from collection. In fact, I have a judgment for $400,000 I obtained 8 years ago and I have spent close to $30,000 on collection lawyers and we have yet to receive a single penny. For all of these reasons, pursuing a judgment often doesn t turn out to be the solution one would think 3) We can t get a penny of the money from the car insurance carrier unless our client signs a Release discharging the driver from any personal liability. In other words, we are over a barrel if we want the insurance money, we have to let the driver go. I know the insurance payment may be only $25,000, but $25,000 is better than a possible zero. Don t get me wrong the insurance will pay $25,000 toward the judgment, but that is all they would be required to pay. So that leads us to the next point 4) It costs money to pursue a judgment. To do so we have to go to trial and the average cost of a trial like this would be approximately $8,000 to $10,000. This is just for costs (i.e. doctor s testimony, court costs, transcription fees, etc.) and doesn t include a penny of my fee. I hate the idea of eating up that much in costs when the maximum insurance coverage is only $25,000. For all these reasons, I think pursuing a judgment is not always a good idea. Ultimately, however, it is the client s decision and I will pursue whatever course he or she prefers. I just help the client make an informed decision. If you have questions about this topic, don t hesitate to call (800) ZIFF LAW or e-mail me at jreed@zifflaw.com for more information. JIM REED Injury & Malpractice Law ADAM GEE Injury & Malpractice Law MATT HUGHSON Real Estate/Bankruptcy SUE DAUBNER Divorce & Family Law CHRISTINA BRUNER SONSIRE Injury & Malpractice Law 303 William Street, Elmira, NY 14902 Phone: 607-733-8866 Toll Free: 800-ZIFFLAW www.zifflaw.com
Video Seminars By Ziff Lawyers Available Online Ziff Law Attorneys Jim Reed and Adam Gee Share Valuable Legal Info for FREE Two Ziff Law Firm attorneys have shared FREE legal information during live webinars for Avvo.com. If you re not familiar with Avvo, it s a national website that allows consumers to obtain free legal information from attorneys. Avvo.com lists thousands of lawyers with ratings and reviews. You can find a local lawyer based on location or area of legal expertise. The site ranks attorneys on a scale from 1-10, and allows prior clients to review their attorney s performance. Jim Reed is very proud of his perfect 10.0 rating even though we bust his chops that he is no 10! Adam is rated 8.8 (excellent). Bicycle Law Motorcycle Law Jim Reed, a self-professed bike nut who has a passion for handling accident cases for bicyclists, covered bicycle law in his Avvo webinar, Bike Law 101. The hour-long session includes an explanation of the Rules of the Road for Bicyclists as well as a Q&A session. Adam Gee handles motorcycle cases from all over New York and Pennsylvania. He s even written a book, Would You Ride Your Motorcycle Naked? about New York State s insurance laws pertaining to motorcyclists. (You can order a copy online at www.zifflaw.com.) In his Avvo webinar, Motorcycle Law 101, he covered the basics and answered listeners questions. You can view Bike Law 101 by Jim Reed and Motorcycle Law 101 by Adam Gee at http://nakedlaw.avvo.com/law-101. Feel free to contact Jim Reed (jreed@zifflaw.com) or Adam Gee (agee@zifflaw.com) if you have any questions or comments. 2
Your Good Words Mean A Lot To Us! Referrals Are the Basis of Our Business A word-of-mouth referral is the strongest marketing tool a business can have. I firmly believe this because such referrals come at a personal level. You may well know and respect the person giving you the referral it s probably someone you trusted to consult. I know it s the key to our ongoing success here at the Ziff Law Firm, and I wanted to take this space to thank our customers, associates, and fellow community business owners, who have passed on good words about our firm and our attorneys. We appreciate and value your word-of-mouth referrals. Thank you, Jim James B. Reed Managing Partner, Ziff Law Firm jreed@zifflaw.com (607)733-8866 Blogs: NYInjuryLawBlog.com and NYBikeAccidentBlog.com 3
Ziff Law Attorneys Specialize In A Range Of Practice Areas People often ask: What types of cases do you handle? Just to remind you of all the help we can provide, below is a list of the general areas of the law in which we practice and the attorneys who are ready to assist you. You can visit www.zifflaw.com for FAQs about these legal areas, more information about the cases we ve handled, and biographies of all our attorneys. If you have a legal issue that doesn t fall within one of our many practice areas don t worry. We are happy to help you find an answer or refer you to a lawyer who practices in that area. 1) Injury Law: Practiced by Jim Reed (jreed@zifflaw.com), Adam Gee (agee@zifflaw.com) and Christina Bruner Sonsire (csonsire@zifflaw.com). Check out the New York Injury Law Blog (www.nyinjurylawblog.com) for important information about personal injury cases and issues. 2) Malpractice Law: Jim, Adam and Christina also all practice in the area of medical malpractice. 3) Bankruptcy: Matt Hughson (mhughson@zifflaw.com) handles bankruptcy and real estate cases for the firm. He also blogs at the NY Bankruptcy Law Blog (www.nybankruptcylawblog.com). (Read a profile of Matt in Attorney Spotlight: Matt Hughson on page 4.) 4) Real Estate: You can turn to Matt, mentioned above. 5) Divorce/ Family Court: Susan Daubner specializes in these cases. You can e-mail her at sdaubner@zifflaw.com Until recently, worker s compensation was on the list of legal specialties covered by Ziff Law Firm personnel. Some staffing changes the retirement of worker s comp expert Jack Schamel and attorney Eric Johnson s move to North Carolina have caused us to remove this specialty from our extensive list of services. We k n o w h o w i m p o r t a n t w o r d o f m o u t h is in o u r business (Se e Yo u r Go o d Wo r d s Me a n a Lo t t o Us o n p a g e 3) a n d if w e c a n t h a n d l e yo u r c a s e, w e a r e h a p p y t o re f e r yo u t o a n o t h e r q u a l i t y f i r m. If in doubt, just ask... Visit our home page at www.zifflaw.com to see clickable links to more information about our attorneys and coverage areas. Or call (800) ZIFF LAW to arrange for a free consultation. 4
Meet The Attorney: Matt Hughson Ziff Lawyer Helps Clients with Bankruptcy Cases and Real Estate I find bankruptcy cases personally rewarding because I help desperate people get a second chance on life... with a fresh start, says attorney Matt Hughson. I enjoy the real estate because people are usually excited to be buying a new house. I especially enjoy when the buyers are purchasing their first home. Matt handles the practice areas of Bankruptcy Law as well as Real Estate for the Ziff Law Firm. He also writes the New York Bankruptcy Law Blog (www.nybankruptcylawblog. com). The firm is very proud to have the expertise of an Elmira native with excellent credentials and such a caring attitude toward clients. Matt s full biography is included on the Ziff Law Firm website. Visit the home page of www. zifflaw.com and click on Matt s photo to find it. Here are some highlights: Matt was born in Elmira and graduated from Elmira Free Academy. He earned his undergraduate degree from the Rochester Institute of Technology in biology and for a few years Matt was a medical technologist. In this period before he went to law school, he lived in Schuyler County and in 1997 he was elected Town Justice for the Town of Cayuta. When Matt decided to attend law school, he did so with real achievement. Matt attended Penn State s Dickinson School of Law, and graduated as the class valedictorian as well as Summa Cum Laude in 2002. that involves skill rather than speed, Matt explains. When he s competing is one of the few times he s not thinking about work, he says. A rider must traverse various obstacles, while maintaining his balance. Points are assessed for putting your foot on the ground, or for failing to complete the section. As in golf, lower scores show higher skill. We have anywhere from 10 to 15 local events across Western New York, explains Matt, who has been ranked as high as ninth in the sport in New York state. It is a relatively safe motorsport, as only one rider at a time is allowed to attempt the section. Matt says he enjoys sharing the interest with his son, Ryne, who also rides. The bikes are very lightweight, normally under 150 pounds and made in Spain and Italy for this primarily European sport. Ryne is a Horseheads High School graduate who just finished his freshman year at Mansfield University, where he is majoring in nursing. Matt s wife, Valerie, works for Chemung County at Children s Integrated Services. In 2004, Matt joined the Ziff Law Firm. Matt s work so impress the partners in the firm that he was made a partner in less than two years. I think when practicing bankruptcy or real estate, similar to all practice areas, the attorney has to pay close attention to detail, Matt says. In addition, I think a good bankruptcy attorney must show sympathy for his client s situation and truly want to help that person, not just to relieve their debts but to also help put them on a fresh path. Matt devotes a lot of time to his cases, but when he takes time off, one of his favorite summer hobbies is the unique sport of observed motorcycle trials. The trials are a motorcycle sport 5
What Legal Rights Do Passengers Have? It s a common occurrence for millions of people every day sharing a ride. Maybe you carpool with a co-worker, catch a ride to a community event, have a friend drive when you go to the mall together. You probably offer rides when it s your turn and drive your kids from place to place constantly. We re all passengers from time to time and it s pretty pleasant to let someone else do the driving. What s not pleasant, but very important to consider, is what your legal rights are if you are injured in an auto accident while you are a passenger. Do you even have any rights? The short answer is YES, passengers have many rights under both New York and Pennsylvania law. Three Passenger Rights You Should Know About First, if you are injured in an accident, you have the right to No-Fault (NF) benefits to cover any medical expenses or lost wages you suffer as a result of your injuries. You are entitled to NF benefits regardless of who was at fault in causing the accident. As a passenger, you collect NF benefits from the insurance company of the car in which you were riding. Second, depending upon who was at fault in causing the collision, you may have the right to bring a claim against either the driver of the vehicle in which you are riding or the driver of the other vehicle involved in the collision. Under New York state law, you must have suffered a serious injury to qualify to bring an injury claim against the responsible driver. In fact, you can (and probably should) bring an action against BOTH drivers if there is any argument about who was responsible for causing the collision. These claims would be covered under the liability coverage of the vehicle (or vehicles) found to be at fault in causing the collision. Under a liability claim, you may seek recovery for your pain and suffering as well as any permanent disability you may have suffered. Third, you may wonder if you can bring a claim against a spouse who may have been driving, or if an injured child can bring a claim against a parent who was driving. The answer is YES for both spousal and child passenger claims. However, there may or may not be insurance coverage for spousal claims depending on your car insurance policy. Some policies carry coverage for spousal claims, while others do not. I strongly urge all my clients to make sure they get spousal insurance coverage. It doesn t cost much and it could provide a great deal of important coverage. From my perspective, if I screwed up and caused an accident that resulted in serious injuries to my wife, I would want to make very sure that she was covered! These three explanations represent just the tip of the iceberg concerning passenger rights. If you have been injured in a collision while riding as a passenger, it is very important that you talk to an experienced injury attorney who can guide you through the complicated issues of liability and insurance coverage. Let us know if you have any questions. Jim Reed, jreed@zifflaw.com 6
Intern Spotlight: Meet Tiffany Fields Tiffany Fields with Kelsey Reed (Jim Reed s Daughter) It s rare to find a young person with such focus, but 18-yearold Tiffany Fields has known she d like to be a lawyer since seventh grade. Tiffany, now a senior at Elmira Free Academy, has been a Ziff Law intern this year. While she s been learning and gaining experience at the firm, she s impressed everyone with her energy and enthusiasm. Tiffany says her interest in the law was sparked by participation in Elmira s Youth Court. According to the Elmira City Police Department, the program brings together police officers, school administrators, social workers, and other organizations to educate young people about the criminal justice system. It s meant to alleviate juvenile delinquency and reduce Family Court cases. Youth Court members assess crimes by their peers, youth ages 7 to 16. The types of cases that come up in Youth Court are misdemeanors, larceny, ABC (Alcohol Beverage Control) violations and harassment charges, Tiffany says. The cases are real, but they are sent to Youth Court instead of Family Court and it saves the county money. At the Ziff Law Firm, Tiffany s basic duties are as a runner, responsible for the timely delivery of paperwork. I file a lot of papers and I also take papers to the other law firms, Tiffany says. There are a lot of papers that need to be timestamped and I take them to the county clerk. The Ziff Law Firm deals with a lot of other firms on malpractice cases, so I take papers to those other firms. Tiffany has a tight school/work schedule. She heads to the Ziff Law Firm after school, works until 5 or 5:15 p.m. and then goes on to Wegmans, where her shift as a cashier begins at 5:30 p.m. In her free time, she loves to travel. There s not a lot of time when I m not working, Tiffany says, but when I get the chance, I like to visit new places. Her favorite school subjects are economics, statistics and U.S. history, Tiffany says. She also interned with Chemung County Family Court Judge David Brockway, last summer and plans to do so again this summer. Tiffany says she pursued the internship at Ziff Law avidly. I knew that they had a runner, as most law firms do. Probably about two years before I got the internship, I sought Jim Reed out and I said When you need a runner I want to do it. Tiffany s been accepted to Temple University in Philadelphia, and is considering criminal law, a focus also inspired by Youth Court, she explains. We would send some of the kids we thought would return to Youth Court as repeat offenders on a prison visit. It would show them what life would be like if they continued on that path, Tiffany says. One time they allowed the Youth Court members to go. After that visit, I was sure I wanted to do criminal law. Tiffany is also sure that she s enjoyed the chance to intern at the firm. I think that everything I ve learned is giving me a good foundation for my future, she says. And it s not just law that I ve learned. I ve learned about the lives of my co-workers here. Everyone at the firm is just very personable and it s been a great experience. 7
PRSRT STD US POSTAGE PAID PERMIT #419 FORT MYERS, FL 303 William Street, Elmira, NY 14902-1338 Important Legal Rights Every Passenger Should Know! 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. Staff Spotlight: Meet Terri Ziegler, Ziff Law Firm s Bookkeeper And More As the Ziff Law Firm s bookkeeper and more since 2006, Terri has earned a reputation for gracefully juggling a lot of responsibilities. As Ziff Law attorney and managing partner Jim Reed puts it, Terri is one of the hardest-working people I have ever met. Born and raised in Elmira, Terri currently lives only about a mile from where she grew up. She attended Southside High School and earned an associate s degree in Secretarial Studies from Corning Community College. She s married with two children, and in her valuable spare time, she likes to be active with her family. For personal hobbies, she enjoys shopping, reading, and also devotes time to Elmira s hometown charity, the Arctic League. I try to be very organized, so handling many different tasks is OK, Terri says. Her primary role at the firm is to handle the bookkeeping, a job that suits her because she says she s always enjoyed numbers. She does much more at the firm, however. Until recently, Terri assisted attorney Eric Johnson in his field of worker s compensation. Since Eric left Ziff Law (see Practice Coverage Changes, page 4) and the firm is no longer handling worker s compensation cases, Terri has taken on a new role. She s still wrapping up the details for open worker s compensation cases, doing the firm s bookkeeping, and now Terri is in training to assist personal injury attorney Christina Bruner Sonsire. I am very excited about working with Christina and learning the personal injury field, Terri says. I know there will be many challenges, but I feel I am ready to take it on and learn all that I can about that area of law. Efficient, capable, and multi-tasking are just some of the adjectives that apply to Terri and how she handles her varied and important tasks at the Ziff Law Firm. Her colleagues are sure she ll be just as focused and conscientious with her new duties.