Category: Personal Injury

In theory, when an individual suffers a personal injury because of someone’s negligent conduct, the negligent party’s insurance company should compensate the victim. But in many cases the reality works quite differently. Delays, denials, and other bad faith practices unfortunately abound.

Understanding the tactics that insurers use to contest your personal injury claim is half the battle. The other half is retaining an experienced law firm that knows how to fight for the compensation you deserve. For personal injury victims in Syracuse, that firm is Carden Dotzler Hammond, PLLC.

Common Examples of Insurance Pushback

Although the at-fault party’s insurance company should be honest with you when it comes to processing your claim, you are more likely to receive pushback. That’s because insurance companies know if they can wear the victim down through various bad faith tactics, they may accept an unfair offer out of frustration. Examples of such tactics are:

• Disputing the validity of the claim: The insurance company may tell you that your claim isn’t valid, perhaps even challenging whether you were injured at all.
• Disputing the seriousness of your injuries: Likewise, the insurer may not agree that your injuries are all that serious, and try to convince you they are not worth much.
• Delaying the claims process: Whether by delaying communication with you or by dragging their feet with your claim, the insurer may try to frustrate you.
• Making unreasonably low settlement offers: Insurers often hope that Syracuse accident victims will accept absurdly low offers just to be done with the process.
• Using pressure tactics: The insurer could try to pressure, manipulate, or even threaten you into accepting a low settlement amount.
• Denying your claim: Ultimately, the insurer may deny the claim and tell you it is closed, hoping you go away.

How You Can Fight Back

Although these and other disreputable insurance strategies are annoying, the good news is that you have options. If you were in an accident in Syracuse, you do not have to accept what the insurer says or does as the final word. Here are some ways to fight back.

Document as much as you can

One of the best ways to resist dishonest insurance tactics is to document as much about your injury as you can. Take pictures of the accident scene, talk to witnesses, keep your medical bills and lost income records, and make notes about the accident and its effects on your life. This way you can refute the insurer’s arguments against you.

Be mindful of comparative negligence claims

Insurers often blame victims for partially causing their own injuries. Under the doctrine of comparative negligence, a court will assign a percentage of fault to a Syracuse accident victim who was partially responsible for the accident. The court will then reduce the damages accordingly, which gives insurers an incentive to try to dispute your version of the accident.

Keep seeing your doctor and following treatment recommendations

You need to see a doctor immediately after being in an accident, and follow their recommendations. You will jeopardize your health if you don’t take your medicine, limit physical activity, and see specialists. Moreover, you will give the at-fault party’s insurance company an excuse to blame you for aggravating your injuries, so they will offer you less money.

Retain an experienced Syracuse personal injury lawyer

Having an attorney is critical to investigating the underlying facts of your accident, obtaining evidence, and negotiating with the insurance company. A knowledgeable lawyer will also understand the value of your injuries and how to prove the necessary elements of a lawsuit. Finally, your attorney should be ready to take your case to trial if the insurer refuses to fairly negotiate.

Before you speak with the insurance company, but especially if you have already submitted a claim and you are receiving pushback, talk to the trusted legal team at CDH Law. Connect with us now to get started.

Broken bones can take several weeks to heal. In the case of a broken bone injury claim, however, the timeline will usually be different. Various factors – many of which are not in the victim’s control – will affect the duration of settlement proceedings and the time it takes for full resolution of the matter.

Retaining skilled legal counsel will make a difference both in how long it takes to settle and the ultimate outcome. If you suffered a broken bone in Syracuse due to someone else’s negligence, find out how Carden Dotzler Hammond, PLLC can represent your best interests.

What To Expect During the Healing Process

Bone fractures come in many different forms, and generally bring a sense of deep, aching pain to the victim. Immediate attention is critical both for pain management and to ensure the bone is properly set so it can heal correctly. The average duration for full healing is 6-8 weeks, although some breaks (e.g. hands and wrists) may take as few as 4-6 weeks and others (e.g. tibia) can take at least 20 weeks.

Everyone’s skeletal system is different, so an individual’s unique body makeup will largely affect the timeline. Other relevant factors include:

• The victim’s age, health, nutrition, and whether the victim smokes
• The nature of the bone fracture itself (which part of the body it occurred in)
• The skill of the treating physician and specialists

Not all broken bones are readily apparent, and some fractures can be so tiny the victim may not notice it right away. If you have been in any sort of accident, it’s critical to your overall health that you see a doctor to make sure your injuries are fully treated.

What To Expect During the Settlement Process

The timeline of working out a legal settlement in Syracuse will be different from the healing process. In some cases, the victim is still recovering from the broken bone when the personal injury case is settled; in others, settlement may not come until long after the victim has healed.

Regardless, it will be up to the victim to seek legal compensation from the at-fault party to cover their damages. This process can take a few months or even a year or longer to work itself out, and will be subject to such factors as:

• The nature of the victim’s injuries: Victims often do not suffer only a broken bone, but may have other injuries such as burns, internal organ damage, and traumatic brain injury. If these or other problems are present, it will take longer to assess the victim’s losses and therefore calculate an appropriate damages award.
• The facts of the case: Personal injury cases vary in their complexity, from relatively simple slips and falls to multi-vehicle pile-ups. No matter how long the broken bone needs to heal, it takes more time to fully investigate complicated cases, acquire evidence, identify defendants, and serve court papers.
• The attitude of the at-fault party: If the person who caused your broken bone injury is readily agreeable to a settlement offer, this can cut months off the legal process and facilitate the negotiation process. On the other hand, resistance and refusal to cooperate will extend the timeline.
• Attorneys’ schedules, mediation, and other external factors: Certain matters are not within the victim’s control or even their lawyer’s, such as the opposing counsel’s trial calendar or how long it takes to schedule a meeting with a mediator. The victim’s attorney should keep the process moving as quickly as possible, considering these external factors.

Making the Most of Your Syracuse Bone Injury Case

Experiencing a bone fracture can cause you to incur significant medical bills and lost wages, potentially costing you earnings into the future. You may also have to contend with pain and suffering as you recover and heal. But with the right attorney standing up for your legal rights, you can seek the compensation you deserve. Reach out to CDH Law. We can schedule your initial consultation and begin working on your case today.

In the moments after an accident, your mind might start racing with urgent tasks. While calling the police and assessing vehicle damage is important, many people brush aside the critical step of seeking medical attention. Even if you feel relatively unharmed, obtaining prompt medical care protects both your health and your legal interests.

Immediate Health Concerns

Your body’s natural response to an accident often masks injuries that could have serious long-term consequences. The surge of adrenaline following a traumatic event can temporarily block pain signals. As such, you might underestimate the severity of your injuries. What might seem like minor discomfort could indicate a more serious condition requiring immediate treatment.

Common delayed symptoms include:

• Neck and Back Pain – Soft tissue injuries may take hours or days to manifest fully.
• Headaches and Dizziness – These symptoms could signal a concussion or other head trauma.
• Abdominal Pain – This might indicate internal bleeding requiring urgent medical attention.
• Numbness or Tingling – These sensations could point to nerve damage or spinal injuries.

By seeking immediate medical care, healthcare professionals can identify and treat these conditions before they worsen. Early intervention often leads to better health outcomes and prevents minor injuries from developing into chronic problems.

Legal and Insurance Considerations

When you seek prompt medical attention, you create a clear record linking your injuries to the accident. This documentation serves as crucial evidence when dealing with insurance companies and pursuing compensation for your injuries. Medical records from the hours and days immediately following an accident carry significant weight in demonstrating the direct relationship between the incident and your injuries.

A thorough medical examination establishes a baseline evaluation of your condition as well as professional documentation of visible injuries. Furthermore, early detection of potential complications can help your lawyers and the insurance companies have a clear timeline of the medical treatment you will require.

Additionally, these records help counter common arguments from insurance companies about pre-existing conditions or delays in seeking treatment. Your healthcare providers become neutral third parties who can verify the nature and extent of your injuries through objective medical findings.

Steps to Take

When receiving medical care after an accident, take these essential steps to protect your health and legal interests:

• Be Thorough with Medical Providers – Tell your healthcare team about all symptoms, no matter how minor they seem.
• Document Everything – Keep records of all medical visits, treatments, medications, and related expenses.
• Follow Your Treatment Plan – Attend all follow-up appointments and complete prescribed therapies.
• Track Your Recovery – Maintain a daily log of your symptoms and how they affect your daily activities.

Medical professionals need complete information to provide appropriate care, while detailed records help demonstrate the full extent of your injuries. Missing appointments or failing to follow treatment recommendations can hurt both your medical recovery and your legal case.

Contact Our Syracuse Personal Injury Attorney Today

After an accident, seeking prompt medical care marks the first step toward protecting your health and legal rights. At CDH Law PLLC, we bring our unique background as former prosecutors and military veterans to every case we handle. Our disciplined approach and commitment to putting people first ensure you receive the dedicated representation you deserve.

Our experienced attorneys understand the complex interplay between medical evidence and legal strategy. We routinely assist clients throughout Syracuse and Central New York with personal injury matters, leveraging our extensive experience to fight for the compensation you deserve. 

Don’t let uncertainty about your next steps compromise your health or your rights. Contact our Syracuse office today for your initial consultation. Let our veteran-owned firm show you the difference that experience, integrity, and results-driven representation can make in your case.

There are many different types of bone fractures, each one with its own unique challenges and prognoses. If you have been diagnosed with a specific type of bone fracture, knowing your treatment options can aid in your recovery and improve your long-term prognosis. This information can also help you understand the type of compensation you may be available to receive if another party is at fault for your injury. 

Types of Bone Fractures 

Understanding the different types of bone fractures can help you better grasp your diagnosis and the potential treatment options. Here are five common types of bone fractures and what they mean.

Stable Fracture

A stable fracture occurs when the broken ends of the bone line up and are only slightly out of place. Because the broken bone ends are still in alignment, surgical intervention is typically unnecessary, and the healing process is generally straightforward. Treatment typically involves immobilization with a cast or brace to keep the bone in place while it heals.

Open or Compound Fracture

An open or compound fracture is a severe injury where the broken bone pierces through the skin or a wound penetrates down to the broken bone. This type of fracture is more serious than a closed fracture because it exposes the bone and surrounding tissues to the environment, increasing the risk of infection. Treatment usually involves surgical intervention to clean the wound, realign the bone, and stabilize it with hardware such as plates, screws, or rods.

Transverse Fracture

A transverse fracture is a break that occurs in a straight line across the bone, perpendicular to the bone’s long axis. This type of fracture is often the result of a direct blow or bending force. Treatment depends on the location and severity of the fracture but may involve immobilization with a cast or brace. Some cases require surgical intervention to realign and stabilize the bone.

Oblique Fracture

An oblique fracture is a break that occurs at an angle to the bone’s long axis, typically around 30 to 45 degrees. This type of fracture is often due to a combination of bending and twisting forces. Treatment usually involves immobilization with a cast or brace to keep the bone in place while it heals. Surgical intervention may be necessary to realign and stabilize the bone.

Comminuted Fracture

A comminuted fracture is a break where the bone shatters into three or more pieces. This type of fracture is often the result of high-impact trauma, such as a car accident or a fall from a significant height. Comminuted fractures are more difficult to set because of the number of pieces involved. Treatment typically involves surgical intervention to realign the pieces and stabilize the bone with hardware such as plates, screws, or rods. Recovery time for comminuted fractures is often longer due to the severity of the injury.

Compensation Available in Bone Fracture Claims

If someone else was to blame for your broken bone, that person may owe you compensation for your:

• Medical expenses and ongoing treatment
• Lost wages
• Pain and suffering
• Disability or disfigurement
• Loss of enjoyment of life

The compensation you receive will depend on the severity of your injury, its impact on your life, and the circumstances surrounding the accident.

Contact Our Central New York & Syracuse Personal Injury Attorneys Today

If you have suffered a bone fracture due to another party’s negligence, you may be feeling frustrated and unsure of what to do next. However, you should know that you have legal options to recover compensation for your losses. While the road to recovery can be challenging, the compassionate personal injury team at CDH Law PLLC has the experience and skills to handle every aspect of your claim. Contact us today for a free consultation with a broken bones lawyer in Syracuse, and let us put our many decades of combined legal experience to work for you.

As the weather warms up and summer arrives, many people in Syracuse and Central New York take to the water for recreational boating. While boating can be a fun and relaxing activity, it also comes with inherent risks. Boating accidents can lead to serious injuries, property damage, and fatalities.

Common Causes of Boating Accidents

Boating accidents can happen for various reasons. Some of the more common causes include:

• Operator inexperience or lack of proper training
• Distracted or inattentive operation
• Boating under the influence of alcohol or drugs (BUI)
• Excessive speed or reckless operation
• Failure to follow navigation rules or posted signs
• Mechanical failures or improper maintenance
• Hazardous weather conditions or rough waters
• Collisions with other boats, fixed objects, or swimmers

Being aware of these common causes can help you take steps to prevent accidents and stay safe on the water.

Boating Safety Tips

To minimize the risk of boating accidents and injuries, follow these safety tips:

• Complete a boating safety course and obtain proper licensing
• Wear a life jacket at all times while on the water
• Familiarize yourself with your boat’s operation and safety features
• Check weather conditions before your outing and plan accordingly
• Follow all navigation rules and posted signs
• Maintain a safe speed and watch for others on the water
• Avoid alcohol and drugs while operating a boat
• Ensure your boat is properly maintained and equipped with necessary safety gear
• Be cautious around other boats, swimmers, and fixed objects

By prioritizing safety and following these guidelines, you improve your odds of having a fun and incident-free boating experience.

Legal Rights and Responsibilities in Boating Accidents

If you’re involved in a boating accident, it’s important to understand your legal rights and responsibilities. New York boaters have certain duties and obligations, including:

• Duty to Render Assistance – If you’re involved in an accident, you must stop and render assistance to anyone who is injured or in danger, as long as it’s safe to do so.
• Duty to Report Accidents – If an accident results in death, disappearance, injury, or property damage exceeding $1,000, you must file a written report of the accident with New York State Parks within five days.
• Duty to Maintain Proper Lookout – Boaters must maintain a proper lookout at all times to avoid collisions and accidents.
• Duty to Operate Safely – Boaters must operate their vessels in a safe and responsible manner, following all applicable laws and regulations.

If another boater’s negligence causes an accident that injures you or damages your property, you may have a valid legal claim against them. This may include compensation for medical expenses, lost income, pain and suffering, and other losses.

How CDH Law PLLC Can Help

If you or a loved one has been involved in a boating accident in Syracuse or Central New York, the experienced personal injury attorneys at Carden Dotzler Hammond, PLLC, are here to help. We understand the complex legal issues surrounding boating accidents and can guide you through the process of seeking compensation for your losses.

Our attorneys will:

• Thoroughly investigate your accident to determine liability
• Gather evidence, including witness statements, accident reports, and medical records
• Consult with experts to assess the full extent of your losses
• Negotiate with insurance companies on your behalf
• Fight for your rights in court, if necessary

We are committed to helping you recover the compensation you deserve and holding negligent boaters accountable for their actions.

Don’t Navigate the Aftermath of a Boating Accident Alone

Boating accidents can be traumatic and life-altering experiences. If you’ve been injured due to another boater’s negligence, don’t try to navigate the legal process alone. Contact Carden Dotzler Hammond, PLLC, today for a free consultation with one of our compassionate and skilled personal injury attorneys. We’ll listen to your story, answer your questions, and fight for the justice and compensation you deserve. Let us help you get back on course after a boating accident.

Summer brings warm weather, outdoor gatherings, and festive celebrations. Many of these occasions are accompanied by fireworks displays. Fireworks can add excitement and beauty to any event but pose significant safety risks when mishandled. Firework accidents can lead to serious injuries, property damage, and legal consequences. The Syracuse personal injury team at Carden Dotzler Hammond, PLLC, wants to help you understand the importance of firework safety and the legal implications of firework accidents that occur during summer events.

Understanding Firework Laws in New York

New York has specific laws governing the sale, possession, and use of fireworks. The state categorizes fireworks into three main groups:

• Sparkling Devices – These are ground-based or handheld devices that produce a shower of colored sparks or a colored flame. The visual presentation is accompanied by audible crackling or whistling noises and smoke. While sparkling devices are legal in most counties, local laws may vary.
• Novelty Devices – Novelty devices are smaller items like party poppers, snappers, and toy smoke devices. These are not classified as fireworks and are legal statewide, although there are some restrictions on manufacturing and packaging.
• Display Fireworks – These aerial devices and large ground-based devices are designed for use in commercial displays and are illegal to sell, use, or possess without a permit in New York.

Violating fireworks laws can result in fines, confiscation of the fireworks, and even arrest. It’s essential to familiarize yourself with the specific laws in your county and municipality before purchasing or using any fireworks, as regulations may differ from one place to the next.

Firework Safety Tips

To minimize the risk of accidents and injuries, follow these firework safety tips:

• Only use legal sparkling devices and novelty devices
• Read and follow all manufacturer instructions and warnings
• Never allow children to handle or light fireworks
• Keep a bucket of water or a fire extinguisher nearby in case of emergencies
• Light fireworks one at a time and move away quickly
• Never try to relight or handle malfunctioning fireworks
• Never point or throw fireworks at another person, animal, or building
• Dispose of used fireworks by dousing with water and placing them in a metal trash can a safe distance from any building or combustible materials

By prioritizing safety and following these guidelines, you can greatly reduce the chances of firework-related accidents and injuries.

Legal Implications of Firework Accidents

When fireworks accidents occur, the legal implications can be complex. Depending on the circumstances, multiple parties may be liable for injuries or damages, including:

• The person who lit the firework
• The property owner where the accident occurred
• The manufacturer or distributor of the fireworks
• Event organizers or hosts

Liability can arise from negligence, such as failing to follow safety guidelines or properly supervise firework activities. Property owners may be held responsible for accidents on their premises, especially if they knew or should have known about the dangerous firework activity.

If you or a loved one has been injured in a firework accident, it’s important to:

• Seek medical attention immediately
• Document the accident scene with photos or videos
• Obtain contact information for any witnesses
• Keep all medical records and receipts related to the injury
• Contact a personal injury attorney to discuss your legal options

At Carden Dotzler Hammond, PLLC, our skilled attorneys can help you understand the legal issues surrounding firework accidents. We will investigate the incident, gather evidence, and identify all potentially liable parties. We want to help you recover the compensation you deserve for your medical expenses, lost income, and other losses.

Celebrate Safely This Summer

Summer celebrations are a time for joy, family, and friends. By understanding firework laws, prioritizing safety, and knowing your legal rights, you can enjoy the festivities while minimizing the risk of accidents and legal consequences.

If you or someone you love has been affected by a firework accident, contact Carden Dotzler Hammond, PLLC, today. Our compassionate and experienced attorneys are here to guide you through the legal process and fight for your rights. We serve clients throughout Syracuse and Central New York and are dedicated to achieving the best possible outcome for your case.

Spinal cord injuries are the result of traumatic damage to the spinal cord, a long bundle of nerves that runs down the vertical axis of the back and conveys messages between the brain and the rest of the body. When an accident damages the spinal cord, the resulting disruption of these messages can result in paralysis. Spinal cord injuries often occur as a result of severe accidents, such as motor vehicle collisions, falls, or sports injuries.

Types of Spinal Cord Injuries

Spinal cord injuries come in two primary types: complete and incomplete. A complete spinal cord injury prevents feeling or movement below the injury level. With an incomplete injury, a patient might retain some feeling or movement below the injury. The impacts of a spinal cord injury can vary depending on where the injury happens along the spinal cord and how severe the damage is. All types of spinal cord injuries can lead to serious problems, like loss of the ability to move, breathe independently, or control the bladder or bowels.

Common Spinal Cord Injury Accidents

Spinal cord injuries can result from a range of traumatic events that damage or put severe pressure on the spine. Here are some common types of incidents and accidents that can cause spinal cord injuries:

• Car Accidents: Car wrecks are the leading cause of spinal cord injuries. The force unleashed by vehicles traveling at high speeds can cause severe damage to the spine. Drivers and passengers might get thrown around inside the car or even ejected, leading to injuries.
• Falls: Slip-and-falls from significant heights, like from ladders, roofs, or stairs, can lead to spinal cord injuries. The impact from the landing can severely damage the spine, especially in older adults whose bones are often weaker.
• Sports Injuries: Accidents during high-intensity sports activities like football, rugby, and diving can also lead to spinal cord injuries. Sudden impacts or wrong movements can compress or twist the spine and damage it.
• Acts of Violence: Violent attacks involving guns or knives can damage the spinal cord if the spine is affected. Spinal cord injuries from acts of violence are often severe because they can involve direct cuts or damage to the nerves in the spinal cord.
• Workplace Accidents: Jobs that involve heavy lifting, climbing, or working with machinery can lead to spinal cord injuries. Traumatic accidents can happen if equipment fails or workers fall from heights in ways that cause trauma to the spine.

Compensation for Spinal Cord Injury Claims

An accident victim who suffers a spinal cord injury for which someone else is at fault can seek compensation from that person to cover the costs and impacts of their injuries. This can include money for:

• Medical expenses
• Rehabilitation costs
• Lost wages
• Loss of future earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Home modification costs
• Long-term care expenses
• Legal fees

How a Spinal Cord Injury Lawyer Can Help

An experienced injury lawyer in Syracuse, New York, is a critical ally for those pursuing spinal cord injury claims. They can help by:

• Investigating the details of the accident
• Gathering evidence to support a personal injury claim
• Consulting medical experts to understand the extent of the spinal cord injury
• Filing all necessary legal documents correctly and on time
• Negotiating with insurance companies on their client’s behalf
• Reviewing settlement offers to ensure they account for present and future needs
• Representing their client in court, if necessary
• Coordinating with witnesses who can testify on their client’s behalf

Contact a Spinal Cord Injury Attorney in Syracuse, New York

If you or someone you love has suffered a spinal cord injury in Syracuse, New York, contact Carden Dotzler Hammond, PLLC, for a free consultation. We want to listen to your story and determine whether we can seek fair compensation for what you’ve suffered.