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Will Health Insurance Cover Car Accidents?

/ Car Accident, Uncategorized /

ROCHESTER, N.Y. – Insurance is complicated.

Wow. That’s an understatement. Many of the questions our clients ask us involve the web of truths, half-truths and lies about insurance and how it works. One of the most common questions we’re asked is:

Will Health Insurance Cover Car Accidents?

Yes, after your car insurance coverage has been used up, your medical bills will be covered by your co-pay and health insurance.

That’s the simple answer. But when you’re working with insurance, things get real complicated real fast. That’s why we always recommend calling a car accident attorney at Cellino & Barnes immediately after you’ve been in a car crash.

The Complicated Aspects of Insurance

 

We don’t want you to get confused. Yes, some insurance companies may offer you a small cash settlement if you’ve been injured and were not at-fault for the crash. But this amount is often far less than what you deserve, and in the end, you may end up paying A LOT more.

Keep in mind,  your health insurance company (or Medicare/Medicaid) will likely demand reimbursement with some of the funds from your personal injury settlement. This is known as a lien.

A Rochester car accident lawyer at Cellino & Barnes knows how the insurance industry uses complicated tricks to confuse innocent victims of car crashes – just so they can save a little corporate cash. We don’t fall for their tricks, and our team can help accident victims get the best results possible from an injury claim.

If you have ANY questions, call us for a FREE consultation.

Cellino & Barnes (800) 888-8888

What To Do When You’re Rear Ended?

/ Car Accident /

NEW YORK – Rear-end collisions are the most common type of motor vehicle accident, and many Americans will be involved in one at some point in their lives. From an investigator’s standpoint, it’s often very easy to determine who’s at fault in a rear-end crash: it’s the driver who slammed into the back bumper of another car. However, these accidents come with a range of issues for victims, and many of them are left asking, What To Do When You’re Rear Ended?

We took this question to the New York car accident lawyers at Cellino & Barnes.

What To Do When You’re Rear Ended:

  • Take Notes – what happened in the moments leading up to the accident?
  • Injured?  Call 911 and get immediate medical attention
  • Contact the Police – a police report will be useful when filing a claim with the insurance company
  • Gather Information – You’ll want contact information for the other driver(s) involved, including name, phone number, address, and license number
  • Next Steps – These accidents often result in head, neck and spinal injuries. Even if you don’t experience any symptoms of an injury at first, they can develop over the next few days, weeks or even months. CALL AN EXPERIENCED CAR ACCIDENT LAWYER.

Cellino & Barnes offers accident victims a FREE case evaluation, in which an experienced car accident lawyer can go over your accident information with you and help you determine the right steps for your unique situation.

For more information on rear-end accidents, visit this page, dedicated to rear-end car accident information.

Cellino & Barnes

(800) 888-8888

10 Things You Have To Do After A Car Accident

/ Car Accident /

What Is Liability in a Car Accident? Knowing Your Risks on the RoadBUFFALO, N.Y. – There are thousands of car accidents in Western New York every single year. While many of them are just fender-benders, some give drivers and passengers much more to worry about than just an insurance headache. Roughly one-third of all car accidents involve an injury, and most of the victims in these accidents may want to call a Buffalo car accident lawyer to make sure they’re getting fair compensation.

The key word here is “fair.” Unfortunately, the insurance industry doesn’t always play fair when it comes to compensating those who’ve been injured in an accident that’s little or no fault of their own.  The Buffalo car accident lawyers at Cellino & Barnes have spent the last 60 years fighting for accident victims, and they’ve discovered 10 things an injured driver, passenger and their family members can do immediately after a crash to ensure they get fair compensation:

  1. STOP. Even if the accident is minor, you should ALWAYS exchange information with the other driver(s) and passenger(s). Driving away from the scene of an accident could also add criminal charges to your record.
  2. CALL 911. Even if no one is seriously injured, it will be good to have a police report when you file a claim for car repairs. When someone is injured, the police report will be equally important when filing a personal injury claim.
  3. KEEP A RECORD. Write down everything that happened. This information will be important when investigators are filing an accident report. It’s important to be as accurate as possible, so don’t speculate or fabricate your story.
  4. NEVER ADMIT FAULT. Even if the accident was clearly caused by your own mistakes, you don’t know that for sure. The other driver may have been drinking. There may have been a mechanical malfunction. Distractions may have taken the other driver’s eyes off the road. Bottom line is, there are a number of factors to analyze before anyone can be determined ‘at fault’ for an accident.
  5. TAKE PICTURES. In today’s age of smartphones, most drivers and passengers on the road have a camera on them. It is vital to take pictures of the accident scene as soon as possible – even before moving your vehicles off the roadway. If you or anyone in your vehicle have visible injuries, take pictures of those too.
  6. GATHER AS MUCH INFORMATION AS POSSIBLE. Although accident investigators (police) often write this information down, they aren’t always perfect. In some cases, they have taken down incorrect license plate numbers, names, and locations of an accident. Don’t rely solely on the police report – do your own information gathering. This includes getting the other driver’s insurance information, name, license plate number, and contact details.
  7. CALL CELLINO & BARNES. Even if you believe your injuries are minor, they may turn out to be more severe than you think. A slight headache could be due to a traumatic brain injury. And a stiff neck could actually be permanent damage to your spinal cord. Even before contacting your insurance company, we recommend calling Cellino & Barnes, as our Buffalo car accident lawyers can provide you with the proper steps and procedures for your unique situation.
  8. CHECK-IN WITH YOUR INSURANCE COMPANY. Always alert your insurance company of any accident you’ve been in, and cooperate with adjusters and their team. But REMEMBER — the insurance company is NOT your friend. Always weigh advice from your attorney before signing any papers from insurance agencies. Your insurance company may also represent the other driver, and they may attempt to try to get you to sign a settlement that is way below “fair” value.
  9. HAVE COPIES OF ALL MEDICAL RECORDS. We’ve all encountered the complexities of insurance in one way or another. When someone is injured in a car accident, not only are they dealing with car insurance… they’re also working with health insurance. This can be very complex, and it’s important to keep an active log of each doctor seen and every medical record on file.
  10. BE ORGANIZED. The Buffalo car accident attorneys at Cellino & Barnes recommend keeping a file of all accident-related documents, photos, and notes. This file should also include information on your attorney, your claim number, who your adjuster is, what doctors you visited, and contact numbers for everyone involved in the accident.

The most common frustrations accident victims deal with today are insurance-related. These seem like small problems at first, but they can devastate you and your family if they aren’t handled properly.

If you or a loved one has been injured in a Buffalo car crash, contact a car accident lawyer at Cellino & Barnes today for FREE. Our No Fee Promise guarantees that you will not owe a fee unless we win your case. You have nothing to lose — but everything to gain when you call our Buffalo car accident lawyers.

Cellino & Barnes (800) 888-8888

Lawmakers Help Injured Train Accident Victims In Amtrak Crash

/ Train Accidents /

WASHINGTON – A passenger train carrying several GOP lawmakers hit a truck in the hills of Virginia. The White House said in a statement that one person was killed and another seriously injured. Officials said more passengers suffered minor injuries.

“There are no serious injuries among members of Congress or their staff,” the White House statement reported. “Senior Administration officials are in regular contact with Amtrak and state and local authorities. Our thoughts and prayers are with everyone that has been affected by this incident.”

Many Republican members of Congress were on the train, heading to a yearly retreat at the Greenbrier, in White Sulphur Springs, West Virginia. Some of the lawmakers on board are doctors who assisted the injured, including Reps. Larry Bucshon of Indiana, Roger Marshall of Kansas and Brad Wenstrup of Ohio, all of whom also have medical degrees.

A New York train accident lawyer says passengers often suffer severe injuries in similar train crashes, and insurance alone may not provide enough compensation to give them the best medical treatment possible. In at least one case, nothing will ever replace the family member who was killed in the Crozet, Virginia train accident; but family members can file a wrongful death claim that can not only provide them with compensation — it can also force train companies to make vital changes that would prevent future accidents from happening.

Those injured in the crash, even those who suffered ‘minor’ injuries, may be entitled to significant compensation if they file a personal injury train accident claim. A New York train accident lawyer can help victims around the nation file these claims and make sure victims and their families receive the best results possible. This compensation can include reimbursements for:

  • Medical bills
  • Lost time at work/wages
  • Pain & Suffering
  • Future medical procedures
  • And more…

A New York train accident lawyer also said it’s important for crash victims to make sure their legal team is exploring all possibilities. Train accident victims often face an outdated monetary ‘cap,’ restricting the amount of compensation they can receive after a train crash. However, an experienced train accident attorney can fully investigate the crash, and hold others accountable for their negligent actions. This legal investigation can look at several factors, including:

  • if the train brakes were functioning properly
  • if the engineer was awake and alert
  • if the train was speeding
  • if all systems were operating within normal parameters
  • if safety features were properly installed and working at the time of the crash

In many train accident cases, other vehicles can be involved. This was the case in the Crozet, Virginia train accident, in which a garbage truck was crossing the tracks at the time of the crash. A New York train accident attorney says this part of the investigation should not be neglected, and an experienced lawyer will look at the following pieces of evidence:

  • Was the truck driver licensed?
  • Did the truck driver have the right of way?
  • Can the company the driver was working for be held responsible?
  • Was the truck properly maintained?
  • Was the truck driver awake and alert at the time of the crash?

The answers to these questions can be vital for train accident victims and the families seeking compensation after a devastating crash. According to Amtrak, two crew members and three passengers were taken to area hospitals to receive treatments following the Crozet, Virginia train accident. Some of these victims may never make a full recovery – physically or mentally – which is why it’s important for all train accident victims to receive fair and just compensation after any crash that could have been prevented.

For more information on train accidents, or to file a claim, follow this link.

Kevin Flores, 13, Hit By Brooklyn Truck – Sparks Rallies For Stiffer Penalties

/ Truck Accident /

NEW YORK – A string of recent accidents — including one that killed Kevin Flores, 13, of Queens — highlights the need for more stringent criminal penalties against drivers who are operating trucks without a license, but it also puts a spotlight on the companies that pay them to do it, neighborhood watchdogs say.

Police reports suggest that Philip Monfoletto, 28, was at the wheel of an oil tanker truck with a suspended license when the big rig slammed into Kevin Flores, who was riding his bicycle on Lewis Avenue in the Bed-Stuy neighborhood of Brooklyn.

A New York truck accident lawyer says while unlicensed drivers often face criminal charges after accidents like the one that killed Kevin Flores, the companies that employ drivers may not be charged with anything; but they can be held responsible for an accident in civil court.

A wrongful death claim allows family members of truck accident victims to receive compensation from those responsible for their family member’s untimely death, including the company the driver was working for. This compensation can help families recover the costs associated with a truck crash:

  • Medical bills
  • Loss of companionship
  • Expected loss in income of the person who died;
  • Expected loss of care, which the person who died provided to his or her family
  • Funeral costs
  • Pain & Suffering
  • And more

The law can be complex when it comes to filing a wrongful death or other personal injury claim, but a New York truck accident lawyer can help victims and their families get the best result possible from these claims. In fact, studies have found that when a New York truck accident lawyer gets involved in a case, the value of that case jumps by four times or more.

A wrongful death claim will not only seek financial compensation for a victim’s family — it can also spur more important changes to prevent similar accidents from happening in the future.

Neighborhood leaders are already examining the hiring processes of some New York companies that had unlicensed drivers operating trucks and other heavy machinery. A successful lawsuit could force these companies to create new policies that would prevent dangerous drivers from getting the keys in the first place.

Many community leaders would welcome these policies, particularly after a heartbreaking accident that could have been prevented with simple background checks and training.

According to the Daily News, Monfoletto’s license has been suspended seven times, and he has a lengthy criminal history on and off the road. He currently charged with aggravated unlicensed operation of a vehicle.

Manhattan Jogger Pinned Under Tractor Trailer

/ Truck Accident /

NEW YORK – A 31-year-old man is fighting for his life at a New York City hospital after he was ran over and pinned under the rear wheels of a tractor trailer, police said.

According to the Daily News, city officials said the man was jogging alongside the truck around 1 a.m. Monday morning.

At some point, the jogger attempted to cross Amsterdam Ave. on the Upper West Side of Manhattan, resulting in the serious collision. He was taken to Mount Sinai St. Luke’s hospital where he underwent surgery for his injuries, police reported.

A Manhattan truck accident lawyer says accidents like this often result in catastrophic injuries.

These are some of the most serious injuries a victim can experience as a result of an accident; and they’re some of the most costly injuries to treat.

 

For many Manhattan truck accident victims, they will not have to bear this burden alone. In 2017, victims of car and truck accidents who sought legal counsel obtained four-times more compensation on average than their counterparts who dealt with insurance companies alone.

The compensation these victims ultimately receive not only helps pay for medical bills – it can also cover lost wages, pain and suffering, loss of a family member or companion, transportation costs, and more.

A Manhattan truck accident lawyer says talking with an experienced attorney is a crucial step that victims and their families should take in the hours and days following an accident. In some cases, a personal injury law firm, like Cellino & Barnes, will provide victims with a FREE consultation, and guarantee no fees unless they win your case.

Since most New Yorkers don’t have to deal with truck accidents and injuries regularly, many are not familiar with the complexities of personal injury litigation, and the challenges a person may face when trying to obtain fair compensation from the insurance company. A FREE consultation can provide victims with important information and insights about this process.

 

Every Manhattan truck accident has a set of unique circumstances that the insurance company will be looking at; it’s only fair to have professionals in your corner whose goal is to make sure you get the best result possible, lawyers said.

The jogger who was pinned under the tractor trailer early Monday morning suffered extensive upper body and leg injuries, police reported.

The truck driver remained at the accident scene and was not charged.

 

 

Blizzard Causes Pileup Accident On Thruway: Getting Compensation

/ Car Accident, Truck Accident, Winter Hazards /

BUFFALO, N.Y. – New York State Police have confirmed that one man was killed, and several others injured in a massive pileup accident on the New York State Thruway near Buffalo.

At least 20 vehicles were involved in the chain-reaction crash as a blizzard created white-out conditions in the area Tuesday afternoon. Authorities say as many as 75 vehicles may have been damaged in the massive pile-up in Cheektowaga, a suburb of Buffalo.

A Buffalo car accident lawyer says many drivers and passengers may be entitled to significant compensation if they were injured or killed in the pileup accident. This compensation can cover medical bills, lost wages, pain and suffering, and more.

In accidents like this one, which closed the NYS Thruway for hours, having a personal injury firm in your corner is crucial. The law offices of Cellino & Barnes, for example, often obtains settlements and verdicts for their clients that are worth significantly more than what insurance companies offer victims without representation.

Some of the injuries reported in the pileup are considered ‘minor,’ but a Buffalo car accident attorney says an aching neck could be a sign of more severe damage, and it should not go unaddressed. A Buffalo car accident lawyer suggests every ache and pain – minor or severe – be documented and analyzed by a doctor.

Unfortunately, accidents like these also come with more severe injuries — and even death. According to State Police, Edward Torres, 64, of Elba died in the pileup accident, and another traveler was seriously injured.

Police said Edward Torres was unable to stop on the slick roads, and his vehicle crashed into the back of a tractor-trailer.

Other drivers had similar experiences, as dozens of cars became ensnared in the weather conditions and the accident scene. Current reports suggest Edward Torres was the only fatality in the massive pile-up but dozens of other drivers and passengers suffered injuries.

Whether you are a victim or a family member, a FREE CONSULTATION with an experienced personal injury lawyer could help determine the proper course of legal action after an accident.

At Cellino & Barnes, Buffalo car accident attorneys will provide victims of any type of accident with a FREE CASE EVALUATION; information which could be extremely valuable for those injured in a car crash. If you or a family member has suffered a sudden injury or accidental death, call an experienced Buffalo car accident attorney now:

Cellino & Barnes (800) 888-8888

Motorcyclist Struck, Dragged By Truck in New York

/ Motorcycle Accidents, News /

ROCHESTER, N.Y. – A New York motorcyclist was rushed to the hospital this week after being dragged 150 feet by a tractor trailer outside Syracuse, the Onondaga County Sheriff’s Office said.

According to CNYCentral, the crash happened Tuesday evening just after 6:30 on Vine Street near Oswego Street in the town of Liverpool, New York.

Deputies say the motorcyclist, Steven McGill, 27, was on his motorcycle when the tractor trailer hit him from behind. Authorities said the truck driver, John Ries, didn’t see Steven McGill, and the truck continued to push the motorcycle 150 feet before another driver alerted the truck operator of the accident.

Unfortunately, Steven McGIll was unable to get off his bike because it was jammed underneath the front of the truck, deputies said.

The rider was taken to Upstate University Hospital where he was treated for leg and abdominal injuries, CNYCentral reported.

A New York motorcycle accident lawyer says truck drivers have to be alert when driving in the cities, towns and villages of Western and Central New York. There are also other factors that should be looked at when a motorcyclist is injured by a tractor trailer or other large vehicle.

Every year, hundreds of New Yorkers are injured or killed in motorcycle-truck accidents that can be linked back to a negligent or inattentive driver. An extensive legal investigation could look at a trucker’s driving record and the number of hours the he has spent behind the wheel.

Fatigue is often a common cause of a New York truck crash, and drivers are required to the log their time operating these large vehicles. Unfortunately, many drivers are pushing their bodies to the limit, and in some cases, they’re breaking the law. An experienced New York motorcycle accident lawyer can collect these logs as evidence that could help an injured victim get the best result possible from an injury claim.

Although driving records can be important in an accident investigation, a New York truck accident attorney could uncover additional pieces of evidence that could help maximize a victim’s compensation. This evidence could include:

  • Truck maintenance records
  • Overall road safety
  • Road striping
  • Traffic signals
  • Surveillance video
  • Dashcam video from the truck itself or other drivers in the area

This year has already been a dangerous year for motorcycle riders in New York State. Many other bikers have been hit by speeding cars, inattentive drivers and tractor trailers in places like Syracuse, Buffalo and Rochester. Many of those victims have suffered life-altering injuries as a result of a New York truck accident, and some could receive significant compensation for their injury or loss, which helps cover the following costs:

  • Expenses from hospitalization
  • Lost time at work
  • Reduced wages
  • Loss of protection or care
  • Pain and suffering

A successful case can also pave the way for meaningful changes in our communities that could improve the safety for other motorcyclists, bicycle riders and pedestrians in Western and Central New York towns and cities like Syracuse, Rochester and Buffalo.

Cellino & Barnes (800) 888-8888

What To Do After Being Hit in a Car Accident

/ Car Accident, Motorcycle Accidents /

What To Do After Being Hit in a Car AccidentBUFFALO, N.Y. – Families are enjoying the summer weather any way they can this month: walking in the park, riding their bicycles and taking summer road trips on their motorcycles. Sadly, there have already been several accidents this summer, including one that killed a woman and injured three others after an alleged drugged driver crossed over the center line.

More motorcyclists are getting hurt each year, more pedestrians are getting hurt and more bicyclists are ending up in hospitals after run-ins with negligent drivers. New research has found that up-to-date bike lanes often have lower accident rates for bicyclists, but accidents are rising across the board.

In Erie County alone, car accidents involving pedestrians, bicyclists and riders are on the rise. Last year, there were over 230 motorcycle accidents – a 23% spike over previous years. Bicyclists face similar challenges, and there have been nearly a thousand more reported incidents involving bicycles last year than years prior.

A Buffalo car accident lawyer at Cellino & Barnes says the numbers highlight a concerning trend.

“Drivers need to be more careful on the roads in Buffalo,” car accident attorney Steve Barnes said. “Bicycles and motorcycles are becoming more popular, especially during the summer months, and when they’re involved in a car accident, the injuries can be catastrophic.”

According to the data, drivers are at fault roughly 80-percent of the time in multi-vehicle accidents involving a motorcycle, bicycle or pedestrian. These crashes often result in serious injuries that require hospitalization or medical treatments.

“These are very costly injuries, and in many cases, they’re life-changing,” Barnes said. “Some victims may not be able to work after a motorcycle accident; and without a source of income, they’ll have no way to pay their medical bills, their mortgage or their day-to-day expenses. That’s why it’s important to have an experienced Buffalo car accident lawyer on your side to help you get the best result possible from an injury claim.”

WHAT TO DO AFTER BEING HIT BY A CAR

The first (and most important) aspect is getting medical attention. Many injuries need to be treated immediately, or they won’t heal properly which can cause more issues in the future.

It’s also important to keep all records from the accident. These include police reports, witness statements, medical records, and photo or video evidence. If you do not have these, an experienced Buffalo motorcycle accident attorney at Cellino & Barnes can conduct a thorough investigation and obtain these pieces of evidence, which could help you and your family get more compensation after an accident.

Whether the accident was truly your fault or not, NEVER admit fault. There are many factors that must be evaluated, including road conditions, weather, the mental and physical conditions of other people involved in the accident, and more.

Call the Buffalo car accident lawyers at Cellino & Barnes. The firm has helped Western New Yorkers get the best results possible from their injury claims for over 50 years, and their bicycle accident attorneys are thorough with their investigations. They will make sure that you have the proper evidence and meet the necessary legal deadlines in order to help you maximize your compensation.

Cellino & Barnes offers FREE case evaluations, so if you are unsure if the legal process is right for you, it won’t cost a thing to find out. Our experienced Buffalo motorcycle accident lawyers have helped other clients obtain over $2 billion in settlements and verdicts. Find out how they could help you get fair compensation for your injuries.

Cellino & Barnes (800) 888-8888

Victims of Pelvic Mesh Implants Head to Trial Against Pharmaceutical Giant

/ Defective Products /

Victims of Pelvic Mesh Implants Head to Trial Against Pharmaceutical GiantNEW YORK – Patients across the United States, Canada and Europe have filed thousands of lawsuits against big pharmaceutical companies like Johnson & Johnson (and other manufacturers) for their pelvic and vaginal mesh implants, which can cause devastating pain and, in some cases, ruin a woman’s life.

Add Australia to the mix.

More than 700 Australian women recently filed a class-action suit against J&J, arguing that the company’s pelvic mesh caused chronic and debilitating pain, infections and other serious injuries.

The trial began on Tuesday and it’s expected to last six months.

Similar to their U.S. counterparts, the victims argue that pelvic mesh manufacturers did not properly warn doctors and their patients about the risks associated with the product and the procedure. The suit also accuses manufacturers of failing to adequately test the devices before selling them.

A pelvic mesh attorney at Cellino & Barnes is currently accepting cases brought by victims from across the U.S., and says the defective products could affect millions of women.

“The major problem with defective pelvic mesh is that they can irritate surrounding tissue and organs, causing an extremely painful inflammatory reaction,” pelvic mesh lawyer Steve Barnes said. “This causes strains on a person’s body, on their relationships, and in some cases, it has resulted in correctional surgeries, which can be very costly.”

In a statement, Johnson & Johnson claimed that its pelvic mesh has helped millions of women around the world, and that the majority of these surgeries were successful without major side-effects.

However, the mesh-maker has voluntarily pulled several devices off the market, and in the U.S., the Food and Drug Administration reclassified all pelvic mesh implants as “high risk” devices, subjecting them to further regulations and testing. However, one of the devices have been recalled.

Despite the “high risk” designation, pelvic mesh attorneys at Cellino & Barnes say these devices continue to be used in hospitals around the country. If you or a loved one has been injured as a result of pelvic or vaginal mesh implants, it’s not too late to file a claim.

Recently, another medical device maker agreed to pay more than $800 million to settle the thousands of personal injury lawsuits stemming from injuries incurred as a result of its vaginal mesh implants.

If you believe these products have had a negative impact on your life, or relationships with your family members, contact a pelvic mesh lawyer at Cellino & Barnes for a FREE case evaluation.

Cellino & Barnes (800) 888-8888

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

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