On this summertime episode of the Girvin & Ferlazzo Law Show, Daniel Rubin and Matthew Tulio will focus on personal injury law. The Girvin & Ferlazzo law firm has been serving the community for over 25 years, and their weekly radio show airs every Saturday on Talk 1300 AM at 10:00 a.m. The hosts offer free legal advice to callers, making it a great resource for listeners whether they have a legal case or not. This week, Dan and Matt from will discuss a variety of personal injury topics, including slip and falls and dog bites, along with the issue of distracted driving and whether or not fault matters in a worker’s compensation claim. They’ll also examine some real estate law issues, particularly around the topic of landlord and renter liability.
Take a listen to this week’s show:
Personal Injury
Summer is that time of the year that people are out and about, participating in activities and taking to the road more often. A lot of accidents occur in the summer, whether it’s a slip and fall, sports-related injury, or a car accident. If you are injured, how do you know if you have a personal injury case?
There are three things the personal injury lawyers at Girvin & Ferlazzo will examine in order to determine whether or not there is a claim. Those three things are:
- Liability. Was someone liable for the injury?
- Damages. Can damages be collected?
- Causation. Did someone cause the damage?
If you believe you might have a case, you can schedule a consultation with one of our experienced lawyers for a free case review.
Slip and Falls
Slip and falls are some of the most common personal injury cases. Maybe you trip over a piece of raised pavement or step in a pothole; it might seem like a minor thing, but some of the injuries that result from these accidents can be horrific. Our lawyers have seen people whose ankles have been shattered to the point they have to have reconstructive surgery, torn muscles in the thigh, broken arms, broken ribs, and more. All of these are very painful injuries. The biggest cases usually involve surgery, because it adds an element of pain and suffering. For example, in a case where surgery with hardware is required to repair an open fracture on an ankle, the case could be worth $120,000. If no surgery is required, the case is likely to be worth between $20,000 and $40,000 before accounting for lost wages. It’s important to have your case reviewed by a personal injury lawyer to determine how much your claim could be worth.
Worker’s Compensation Injury
Howard from Albany calls in to see if he’s given his daughter the right advice about a recent injury she sustained at work. While working as a waitress, she lifted a heavy ice bin. She didn’t feel any pain until the next day, at which point she visited an orthopedic doctor and was told not to go back to work for two weeks and to attend physical therapy sessions. Howard told her that she needed to go to work to fill out an accident report; she felt it wasn’t necessary because the accident was her own fault. Howard asks whether the Girvin & Ferlazzo team thought she should fill out the report. Dan and Matt say that Howard is absolutely correct; not only should she fill out the accident report, but she should file a worker’s compensation claim. Even if something minor happens to you on the job, you can’t be sure it’s not going to turn into something more serious. Fault isn’t considered when it comes to most worker’s compensation claims. It’s there to support the worker despite fault, so Howard’s daughter should file a claim right away, either on her own or with the help of an attorney.
Distracted Driving
Chad calls into the show to note the rise in drivers installing dash cams in their cars. He wonders if you can contest the footage on a dash cam in a court of law. Matt and Dan say yes; the dash cam only captures a certain perspective and there may be things happening off camera that need to be taken into account. However, a picture is worth a thousand words, and live footage from a dash cam is going to be highly relevant to the court. Chad also notes the rise in how many people are texting while they are driving, including tractor trailer drivers, and has even seen people reading their e-readers while driving. Girvin & Ferlazzo have handled some cases where even a second of distracted driving has resulted in major, life-changing injuries.
The Importance of Supplementary Underinsured Motorist Coverage
A lot of people aren’t aware that a Supplementary Underinsured Motorist (SUM) policy is an option on their insurance, but Dan stresses that it is incredibly important. For instance, a ride in a helicopter from the accident scene to the hospital is $50,000. The state minimum insurance in New York is $25,000. So you can exceed all coverage in one helicopter ride, and that’s before you get to pain and suffering, emotional damages, and lost wages. Accidents can be incredibly damaging and expensive, and you could end up in an accident with someone who is carrying the minimum amount of coverage. It’s like playing Russian Roulette with drivers, but a SUM policy can cover you up to any limit you want. That way your own insurance policy will pay you up to your limit for your injuries. It’s inexpensive and offers a lot of peace of mind when you are driving out on the road.
Real Estate Law
Dog Bite Liability
Chad asks Matt and Dan another question, this time about leash laws. If a renter has a dog and they aren’t keeping control of the obviously aggressive animal and someone ends up being bit, is the landlord responsible along with the animal’s owner? The legal team says that it will depend on the landlord’s knowledge of the situation. If they knew that the animal was dangerous, it’s possible the landlord could be liable. But the owner will have strict liability first.
Firepit Liability
Albany homeowner Liz calls into the show to ask about liability in house fires. She gives Matt and Dan a hypothetical situation of a renter using an illegal fire pit in their backyard, which gets out of control and ends up burning several houses on the block. She wants to know if her house is damaged, can she sue the person who started the fire? And would she have recourse against the owner of the property? In this hypothetical situation the insurance company should pay for Liz’s damages; they also have the right to sue other homeowners or the person that started the fire or their insurance companies for the damages that they had to pay out. Liz would need to cooperate with her insurance company as they seek to recoup some of the damages.
The Importance of Insurance for Renters, Landlords, and Homeowners
Dan recommends that all landlords have a structural policy on their properties, and if they don’t have one, they should get it immediately. They should also require their tenants to carry renter’s insurance, for both the landlord and the renter’s peace of mind. Renters insurance comes with liability coverage and the renter can specify the amount they’d like to cover. Renter’s insurance is affordable and easy to get, so it’s something that all renters should have so they can rebuild their life in case of disaster.
Landlords can require a minimum amount of liability coverage that a renter should carry in order to live in their property, and Dan recommends a $500,000 minimum. It’s a good idea for landlords to get proof of the insurance every few months to ensure that it hasn’t been canceled, while also carrying their own liability insurance and putting the property in a Limited Liability Corporation to protect themselves.
Homeowners can bundle their policies together to create an umbrella policy that will protect you from any negligent act, no matter where you are. Homeowners insurance covers you at home; there may be coverage off of your property but it’s limited. Your car insurance covers you while you are out and about in your vehicle. An umbrella policy will cover you for negligent acts everywhere else and it’s affordable to get even a couple million dollars worth of coverage.
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.