On this episode of the Girvin & Ferlazzo Law Show, Sal Ferlazzo and Tara Moffett answer callers’ questions, chat among themselves, and discover a lot of great information about a variety of legal topics. Aired every Saturday on Talk 1300 AM at 10:00 a.m., the Girvin & Ferlazzo Law Show strives to offer free legal advice to anyone who wants to listen! This week, they discuss a variety of personal injury topics, education law, municipal law, real estate law, and how proper client etiquette can help persuade a case in your favor.
Take a listen to this week’s show:
Personal Injury
Contributory Negligence
In a case that just settled this week, Sal makes note that the elderly are sometimes susceptible to false verdicts or claim denials by insurance companies because of their age. Especially in the case of slip and fall personal injury claims, the defense may try to argue that it wasn’t the fault of the person who was negligent and left a dangerous situation but rather that the victim who was elderly and more fragile, thus causing the injury. Elderly people should consult with a lawyer to make sure they are not taken advantage of in this situation! We are all protected by the same rights and should never be discriminated by age.
Dog Bite
In an effort to get a second opinion, a caller requested the opinion of Sal with an injury that happened about one year ago. She was getting in her car when she was bitten by a dog. The bite went to the bone and caused nerve damage that still exists today. She originally consulted with a law firm who said she would not have a case because the homeowner of the property where the dog lived did not respond to the lawyer’s inquiries. Since time on the show was running out, Sal recommended she call the office on Monday because he thought she had a very strong case. Essentially, Sal discovered the dog was known to be dangerous and has since been put down by order of the town. Since the caller has existing damages, Sal believes she would be a great candidate for a dog bite personal injury law case at Girvin & Ferlazzo, where they’ve helped many mailmen in similar situations.
Education
Special Education Training
Tara shares a bit about working with districts for training about special education. Focusing on training and prevention practices, Tara helps districts with professional development to keep staff up to date with changes in disability law, homeless students issues, and other topics, such as bullying.
Homeschooling And Sports
A caller ringed the show asking about a homeschooler who wants to play sports but can’t go to the public school to play. Tara responds that parents have the opportunity to educate their child(ren) in a variety of ways: public school, private school, and homeschool to name a few. There are rules and regulations for everyone, but some of the aspects related to public school are directly connected to that of the community where it is located.
Under the law, districts are not required to allow homeschooled students to participate in extracurricular activities because they are intended to build camaraderie between the students in the schools. However, districts are free to make their own decisions on who to allow to participate in programs, but they are not required by law to do so.
Municipal
Social Media for the Town
Sal works very closely with local municipalities around the Capital District. One thing that has continued to make itself known in recent years is the legal ramifications of a municipality using social media channels. The municipalities have a tough line to walk between honoring First Amendment rights and protecting privacy and identity rights of the residents and businesses within the municipality. Tara chimes in that there are similar concerns regarding social media in the education industry, as well. Ultimately, it’s up to the town and school district to appropriately and legally manage their social channels as a means of communication with their audiences.
A Home On A Poorly Managed Private Road
A caller brought up a situation: she lives in a neighborhood with a dirt road that is owned by the developer of the community. In recent years, the developer has failed to manage the road, so the homeowners are now considering that the town manage the road instead. For this to happen, the town wants the road paved and made to meet their specifications. The homeowners who own property that touches the road will be responsible for the initial payment, and then the town will maintain the road moving forward, according to the town attorney.
The curveball in this situation is the particular caller owns property that backs up to the road and does not actually use the road itself. She uses another road that is already managed by the town.
She asks if she is still required to pay her portion of the initial road revamp even though she never uses the road. The town attorney says she must still pay. Sal recommends she obtain a personal copy of the basis (law, statute, case) to comb through privately and read through in more detail to see if it is as simple as the town attorney makes it sound.
Real Estate
A caller inquired about whether he needs to create a corporation, or LLC, in order to rent out a house to tenants. Sal’s first question is, “Who owns the home?” The caller says he owns the home himself. In that regard, Sal describes the benefits of creating an LLC to rent out the home.
The homeowner is responsible for all maintenance, upkeep, and – godforbid – injury that happens to any tenants or guests on his property. The first thing to do is purchase insurance for the home. A second layer of insurance can be the LLC. If a home is owned by the LLC, it acts as additional insurance because if something bad were to happen and insurance couldn’t cover all damages, the most that could happen would be all assets of the LLC are dissolved, but the assets of the person who owns the LLC are protected. Worst case scenario is that the caller walks away from the LLC.
It all comes down to proper insurance. Sal recommends umbrella coverage as opposed to just homeowners insurance, and he also adds in a bit about how it’s important to be a proper homeowner and to do proper maintenance regularly and ensure the tenants get renters insurance themselves.
Client Etiquette
We work with a team of people who care about our clients. We strive to be kind at all times while facing very serious and sometimes emotionally-charged cases. With that being said, it is also important to note that client respect and attitude can help persuade the results of the case. If a client is courteous to other legal teams, the judge, etc., then he or she is more likely to be treated with respect in return. However, if a client is rude, disrespectful, purposefully delays the case , etc., then the client may receive a decision that is not entirely favorable because he or she was not cooperative with the legal system. The best advice is to be civil at all times, whether with the client or the lawyer in or out of the court.
In regards to cases against insurance companies, it is best to work with a law firm that does not have a reputation. What we mean by this is that if a law firm has a reputation to take easy cases that are sure-fire wins, the insurance company will learn that history and use it against the client. For example, an insurance company can state their reserve. If they reserve $100,000, the client can easily settle at $150,000 if that’s what they deserve; however, if the law firm’s reputation is to go for the easy and fast cases, the insurance company will set their reserve at something like $40,000, in which case the client will never be able to get $150,000 because it is so far out of the ballpark. Therefore, our law firm always takes different cases so insurance companies cannot play dirty tricks against our clients.
This is a little insight about how we play the game at Girvin & Ferlazzo. It’s hard work to make the law work at its best in the favor of our clients.
About Girvin & Ferlazzo, PC
Girvin & Ferlazzo, PC, is a general practice firm in Albany, NY, who has been live on the air with the Girvin & Ferlazzo Radio Show since 2001. The team focuses on a wide variety of legal areas, including education law, private and public sector law, employment law, personal injury and medical malpractice prosecution and defense, real estate law, municipal town attorney matters, federal court litigation, discrimination claims, trade secret and restrictive law, and more.
Offering free consultations for personal injury cases, Girvin & Ferlazzo invites everyone to seek an opinion about their case. We would love to hear your story. Contact us today to schedule an appointment.