Category: Personal Injury

When you reach the settlement phase of your personal injury case, you will be faced with a choice. Do you want to take your settlement as a lump sum, which would be a check for the full settlement amount? Or, do you want to invest all or part of your settlement in a structured annuity and receive payment over time at a guaranteed interest rate? The second option is referred to as a structured settlement and it is an attractive option for a number of reasons. Let’s take a closer look at structured settlements here.

What to Know About a Structured Settlement

With a structured settlement, you are, essentially, entering into a contract with an insurance company for the purchase of an annuity. You give the insurance company a lump sum portion of your settlement or your settlement in full upfront and then the insurance company provides you with regular monetary distributions from the annuity at a set interest rate.

Why would you take a structured settlement as opposed to a lump sum settlement? Well, there are several reasons. You would receive interest on the structured settlement investment. Some may say, “But couldn’t I just invest my settlement proceeds in something like the stock market and get interest that way?” Yes, you could, but this goes to one of the other benefits of a structured settlement.

You see, back in 1982, Congress passed The Periodic Payment Settlement Act of 1982. This Act was a formal recognition of the benefits of structured settlements and encouraged the use of structured settlements. After the Act passed, the Internal Revenue Code was modified to exempt personal injury settlements from taxation if the settlement proceeds were invested in a qualified structured settlement annuity. This means that the interest distributed from your annuity would not be taxed, but interest earned due to any increases in stock purchased with your lump sum settlement proceeds would be taxed. The interest on the annuity is also guaranteed whereas there is no guarantee that your stock will go up in value.

Additionally, structured settlements provide protection from other people accessing your settlement proceeds. It is a barrier to others gaining access to your money. Furthermore, putting your settlement in an annuity eliminates the need for you to manage your settlement proceeds as it is taken care of for you.

Before you take the structured settlement option for your personal injury settlement, be sure to review everything with your lawyer. Discuss whether this is the best way for you to go and the potential implications of entering into a structured settlement. You may also want to discuss all the customizable aspects of a structured settlement. You can decide how much of your settlement you would want to invest, when you would want payouts from the annuity, and more.

Central New York Personal Injury Attorneys

At CDH Law, our team takes care of you from the beginning to the end of the personal injury claim process. We fight for the injured. Contact us today.

Well New Yorkers, winter is upon us. Whether you love the chilly days or plan to hibernate for as much of the season as possible, the ice and snow is here for the foreseeable future. As such it is important to brush up on your winter driving safety practices. After all, even for the most seasoned winter warriors among us, New York winter driving hazards can be perilous. Let’s take a look at some such hazards and how we can all stay safe on the roads this season.

New York Winter Driving Hazards

What creates winter driving hazards? The low temperatures, the icy conditions, and the snowy conditions. These are the real root causes to pretty much all of the winter driving hazards. Consider the snow and ice, for instance. Ice and snow on the road can not only be difficult to see, but can easily cause you to lose control of your vehicle as the tires struggle to grip these slick surfaces. The lack of traction due to snow and ice can make it difficult to stop your car and it can also make it difficult to steer your car.

There are also the visibility issues to consider when discussing winter driving hazards. Ice and snow buildup on your windshield and mirrors can bring your visibility on the road to a minimum. There may also be cars driving by that kick up snow onto your windshield. On top of all of this, you may also have visibility issues due to problems within your car as well. A low functioning heater or window defroster in your car can make condensation buildup nearly impossible to combat. Foggy, icy, or snowy windshields are not going to afford you much of an ability to clearly see the path ahead of you and can be incredibly dangerous as a result.

There are also some dangerous side effects to the low temperatures we experience in New York winters. For instance, cold air impacts tire pressure. The lower temperatures causes a reduction in tire air pressure. This means that your properly inflated summer tires may not be up to snuff for the winter. Additionally, cold weather can lead to battery failure. Batteries struggle in the cold to provide sufficient charge to start a car’s engine. In colder temperature, more charge is required. This means that many end up stranded in the cold because they cannot get their car to start.

Speaking of being stranded in cold temperatures, because of all of the winter hazards out there, it is always recommended that you keep a winter emergency kit in your car. In the event that you experience car problems during the winter season, a well-stocked winter emergency kit can be invaluable. In this kit, consider including things like blankets and extra clothing. It should also contain flashlights, water, and hardy snacks.

Personal Injury Attorneys

Stay safe out there, New York. If you are injured in an accident caused by someone acting negligent this winter season, you can count on the dedicated personal injury team at CDH Law to help fight for full and fair compensation. Contact us today.

Rarely a day goes by that person does not access their social media accounts. Social media has become ingrained in our everyday lives. We have come to depend on it to provide us with updates on friends and loved ones near and far. It provides a sense of community and support to many. We post our thoughts, share our feelings, and show people a glimpse into our lives. There are so many benefits of social media, but it does not come without its risks. This can be particularly and poignantly true when it comes to the time following an accident. Accident victims risk more than they may know when using social media while they have an injury claim pending with an insurance company. Here is why you should think twice before using social media after an accident.

Think Twice Before Using Social Media After an Accident

Insurance companies investigate claimants. This is a fact. You may not believe it, but insurance companies have vast resources and they use it to protect their bottom line. This means looking into the lives of claimants to see if there are any weaknesses in their accident claims. Insurance companies will dispatch investigators to follow claimants around, covertly taking pictures of their day to day comings and goings. It will also involve a thorough search of the claimant’s online presence.

Well, you may think that there is nothing on your social media that could hurt your claim. You may think that you would never post anything that would hurt your claim. The trouble comes with the fact that even the most seemingly innocent social media activity can end up undermining your claim or completely destroying it.

For instance, you may post something about the accident after it happened. It may be just a simple “I was in an accident, but I am okay.” Innocent enough, right? Well, saying you are “okay” after an accident can be twisted around as you saying you were not hurt in the accident. This is a sticking point if you have a pending injury claim related to that very accident. It doesn’t matter if your intention was only to assuage the fears of your loved ones that you may have been seriously injured, an insurance company will use it as it can.

After an accident, you have to carry on with your everyday life despite the new challenges you may face. Doing this and posting evidence of this on social media can read very differently. For instance, you may have posted pictures from your weekend hike or kayaking trip. When these kinds of pictures get in front of an insurance adjuster, however, they can spin it in a different direction. They can claim that it does not look like you are that hurt or that you are suffering too much after an accident. Posts and photographic evidence of things like this can be compelling. Even if the reality is different, pictures like this can be difficult to refute.

Personal Injury Attorneys

After an accident, call CDH Law. We know the tricks of the insurance company and we are not only here to protect you from them, but to stand up and fight for you. Contact us today.

Being injured in an accident is an overwhelming ordeal to go through. After such a traumatic experience, there are still battles and hurdles to overcome afterwards. While trying to cope with the pain of your injuries, you may feel helpless as you watch medical expenses pile up. You may be missing out on wage earnings due to missed time at work. The anxiety and financial pressure can be severe. It is no wonder accident victims are often extremely eager to reach a resolution on their personal injury claim. While most personal injury claims end in reaching a settlement with the insurance company, what happens when settlement negotiations do not work in a personal injury case?

When Settlement Negotiations Don’t Work in Personal Injury Cases

Settlement negotiations on a personal injury claim usually begin with the sending of a demand letter to the insurance company. The demand letter will outline the events of the accident. It will detail the property damage and, perhaps most importantly, it will detail the injuries sustained by the claimant in the accident. The claimant’s damages will be broken down and estimated. This will all be presented to the insurance company. As a result, the insurance company will likely generate their initial offer on the claim.

Now, brace yourself for that initial offer, because, after all you have been through, you may be disheartened by it. It is often extremely low and not nearly what you deserve to be paid out on your claim. The insurance company is often hoping that the claimant will accept this initial offer in a desperate attempt to quickly resolve the claim and get at least some much-needed compensation to cover expenses. Remember that once you accept an insurance company’s settlement offer, you will be asked to sign a release that will prevent you from bringing any future claims on this accident. In other words, you get one shot to recover the compensation you deserve for the harm you have suffered in the accident. Do not get wrapped up on the idea of a quick recovery when it could have such a significant impact in the long term.

After the initial settlement offer made by the insurance company, there will often be a back and forth exchange of offers and counteroffers. In most cases, a settlement agreement is reached. There are some cases, however, where an insurance company will fail to come back with a reasonable offer. They will not budge and you as the claimant will have some tough choices to make. At this point in the process, it is time to seriously consider the possibility of filing a lawsuit against the insurance company.

By bringing your claim to court, it is important to realize that you could leave the courthouse with nothing. You could, however, end up being awarded much more than you would have gotten through settlement negotiations. The point is that you must take a good, hard look at your claim. How strong is it? Are there any potential questions as to who is actually liable for causing the accident? Is the medical evidence of your injuries clear, consistent, and solid? If you have a strong claim, then it may be a good idea to file a lawsuit.

Personal Injury Attorneys

The time dealing with the insurance company after an accident can be frustrating, especially after all an accident injury victim has been through. Hand this burden over to the dedicated team at CDH Law. We are here to fight for you. Contact us today.

Most other vehicles on the road do not stand a chance against a tractor trailer. These oversized vehicles can cause devastation when involved in an accident. Resulting injuries are often serious, if not fatal. So, how do we share the road safely with large trucks? For starters, you can give them a wide berth on the road. Stay focused and drive defensively. You can also learn about some of the most common causes of tractor trailer accidents and account for this information when you are sharing the road with a tractor trailer.

What are the Most Common Causes of Tractor Trailer Accidents?

There are too many different causes of tractor trailer accidents to recount at one time. The nature of these causes runs a wide range. Here, we will focus on the more common contributing causes to tractor trailer accidents. There can, of course, be more than one cause of a tractor trailer accident and it is not uncommon for multiple causes discussed here to be at play in an oversized truck accident.

First, let’s take a look at some of the external, environmental factors that can often cause a tractor trailer accident. Weather, for instance, can create unsafe roadway and driving conditions. Heavy rain, snow, and sleet can mean slick road surface. Slick road surfaces mean significantly reduced traction which, in turn, makes it more difficult to effectively stop or slow a truck down and increases the chances of a truck driver losing control over the vehicle. Furthermore, such weather conditions can severely impair the driver’s ability to see other cars and hazards.

Poorly maintained roads and confusing construction site arrangements can also lead to tractor trailer accidents. It is dangerous enough for a regular-sized vehicle to hit a pot hole on a poorly maintained road, but this danger exponentially increases with an oversized vehicle like a tractor trailer. A tire blowout caused by a pothole can lead to the truck jackknifing and sweeping out to other lanes of traffic, unable to stop hitting anything in its path.

Now, let’s take a look at some of the dangerous driving behaviors tractor trailer drivers engage in that are often the root causes of accidents. Driver fatigue, for starters, is a common cause of tractor trailer accidents. While truck drivers can put in long hours on the road, there are legal regulations in place that restrict the number of hours a truck driver can put in within a certain period of time. Unfortunately, far too many drivers ignore the restrictions and end up driving while tired. This can slow reaction time and impair judgment.

Truck drivers can also engage in reckless driving behaviors that can all too easily result in an accident. Excessive lane changing, speeding, disregarding traffic signals, and tailgating are all common causes of truck accidents. Truck drivers driving while distracted also greatly increase the chances of an accident occurring. When truck drivers check their phones, text, eat, or engage in any activity that takes their full attention away from the road, accidents happen.

Personal Injury Attorneys

Trucking accidents can have devastating results for all involved. If you or a loved one has been injured in a tractor trailer accident, you can count on CDH Law. Contact us today.

Lane change accidents can occur in a number of ways. A car may turn into a lane with a car already there. A driver may merge into a lane with a vehicle already in it. Alternately, a driver may change lanes into a lane at the same time another vehicle is already located in that precise lane spot. Regardless of what scenario you may find yourself in, a lane change accident can result in significant property damage and serious injury to all involved. As in any accident, it can be difficult to determine who is at fault in a lane change accident. Determining fault in an accident is critical as it is the legal responsibility of the at-fault party to compensate the others who were harmed by their actions. In most cases, it is usually the insurance carrier for the at-fault party who provides this compensation.

Who is at Fault in a Lane Change Accident?

It is important for drivers to be alert and aware of their surroundings. It is important that drivers comply with traffic laws and signal properly when turning, merging, or changing lanes. When drivers are distracted or engaging in negligent driving behaviors, accidents happen and people get hurt. Most lane change accidents are caused by driver inattention. These are drivers that fail to adequately check their blind spots and may even fail to notice the lights and alerts of blind spot monitor technology that often come standard in vehicles this day.

There are also a number of causes, both primary and contributing, of lane change accidents. Some such causes often include:

• Distracted driving
• Failure to check mirrors
• Failure to check blind spots
• Failure to signal before changing lanes
•  Driving while intoxicating
• Broken headlights
• Broken break lights
• Speeding
• Crossing multiple lanes of traffic at once
• Drivers changing lanes at the same time

In order to determine who is at-fault for the lane change accident, a thorough investigation into the facts and circumstances of the accident will likely need to be conducted. The property damage to the vehicles can be very telling as to what happened in the accident as can the road debris and skid marks. These pieces of physical evidence can often be enough for an accident reconstruction expert to recreate what went on to cause the accident.

Witnesses can also play a critical role in determining who was at-fault for an accident. Witness accounts of the accident can either corroborate or contradict what either driver said happened in the accident. In other words, witnesses can be the tie breakers in a he said, she said situation. If you are ever in an accident, lane change or otherwise, be sure to try and get witness names and contact information as they can often provide compelling evidence. Pictures of the accident scene can also be instructive and helpful in supporting your version of events.

Personal Injury Attorneys

If you have been injured in an accident like a lane change accident, reach out to the trusted personal injury team at CDH Law. We will help you in your fight to pursue monetary compensation for the harm you have suffered. Contact us today.

When a car is struck from behind by another vehicle, this is referred to as a “rear-end collision.” It often occurs at places such as intersections where one car comes to a stop or slows down to stop and the driver of the vehicle behind it is not paying attention or is going too fast to properly slow down. As a result, impact occurs. Rear-end collisions are incredibly common and can run a wide range of severity depending on factors such as speed. Unfortunately, vehicle occupants can sustain serious injuries even in what may seem to be a minor “fender bender.” Let’s take a look at some of the injuries that are commonly sustained in rear-end collisions.

Rear-End Collision Injuries 

Injuries to the cervical and lumbar spine are incredibly common in rear-end collisions. This, of course, refers to the neck and the back areas of the spinal column. The force of impact can lead to soft tissue injuries and put particular pressure on the vertebral discs. The discs act as cushions between the vertebrae so that the bones of the spine do not rub together, which can cause extremely painful friction as the bones rub together without the padding of the disc. In particular, herniated discs can arise as a result of the force of impact from a rear-end collision. Not only can this be incredibly painful, but the injury victim may also have numbness and weakness as a result. In severe cases, damage to the cervical or lumbar spine may result in paralysis.

One of the most common soft-tissue injuries that result from a rear-end collision is whiplash. Whiplash occurs when the head and neck are forced forward suddenly and then snap back, like a whip. Whiplash can be painful and lead to extreme soreness in the neck, shoulders, and upper back areas. A person suffering from whiplash may also experience tingling, numbness, or weakness in these areas. Dizziness and headaches are also common side effects of whiplash. 

As the force of impact from a rear-end collision can send a person’s head jolting forward, facial injuries are also common in these types of crashes. Vehicle occupants may sustain facial bruising or lacerations from their heads impacting with the steering column, dashboard, or other vehicle surfaces. In even more serious cases, vehicle occupants may be at risk of sustaining traumatic brain injuries. When the head is jolted forward, the inertia can cause the brain to hit the inside of the skull causing damage to it. Traumatic brain injuries can have devastating impacts on a person and require immediate medical attention. The symptoms of the injury may not fully present themselves right away, but immediate medical care and evaluation can help properly address it.

Bone fractures are another common rear-end collision injury. While seat belts save lives, the restriction of the seat belt upon impact can lead to rib fractures. Airbag deployment can also lead to fractures. Additionally, fractures and soft tissue injuries can be sustained in the hands, wrists, and arms as a person braces for impact.

Personal Injury Attorneys

If you have been injured in a rear-end collision caused by someone else’s negligent driving, you have the legal right to pursue compensation against them for the harm you have suffered. The team at CDH Law is here to fight for you. Contact us today.

Are you excited for the summer season? School is out. The temperatures are heating up. The memory of winter freezes is but a distant memory. It is no wonder why summer brings people out on the road. Everyone is gearing up for family road trips, backyard barbecues, and catching up with family and friends near and far. Before you hit the open road this summer, be mindful of the unique driving hazards that can come with this time of year. Proceed with caution and stay safe out there!

Be Cautious of These Summer Driving Hazards

The hallmarks of summer weather also compose some of the season’s primary driving hazards. Warmer temperatures, for instance, mean an increased risk for tire blowouts and overheated engines. The hotter weather causes the air in tires to expand which, in turn, means a risk for tire blowouts. To help avoid this, frequently check your tire pressure, and always carry a spare tire in your car. Avoid potholes and replace tires that have excessive wear. To help prevent your engine from overheating, which can lead to a breakdown or even cause a fire, check your engine coolant level as well as the condition of your hoses and belts. Should your engine begin overheating, pull over right away and call for assistance. Before restarting your car, wait for the engine to completely cool off, which takes about 30 minutes.

Warmer weather isn’t the only thing the summer season brings. It also brings rainy days and flooding. The rain can present hazards to drivers on a number of levels. First, the rain can impair visibility conditions. Second, rain creates slick roads that can lead to loss of traction, vehicle control, and ability to break in a timely manner. Additionally, many drivers get skittish in inclement weather like rain and this can lead to erratic and nervous driving behavior. While it is often best to avoid driving in inclement weather, sometimes it cannot be avoided. If you are on the road in summer rains, give more room between yourself and other vehicles and reduce your speed.

Summer also means an increased number of bicyclists, motorcycles, and pedestrians. All of which lack the basic structure and protection afforded by vehicles and all of which can be difficult to see and get lost in blind spots. If you are a driver, always double-check your blind spots. Give motorcycles a safe distance on the road. Be patient and vigilant. You could just save a life by doing so.

Teen drivers are another summer driving hazard. After all, school is out. These inexperienced drivers have the combined freedom of summer and being able to drive and they are likely to be taking advantage of it at every opportunity. This is where defensive driving becomes particularly important. While you may not be able to make teen drivers drive safer, you can be a defensive driver and try to anticipate any unsafe moves other drivers may make. Give plenty of distance, avoid aggressive maneuvers, and be mindful of the speed limit.

Personal Injury Attorneys

Stay safe out there on the road this summer. If you are injured in an auto accident caused by someone else’s unsafe driving, the team at CDH Law is here to help you. Contact us today.