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Seek Justice and Obtain Compensation After Your NY Car Accident

This blog is designed to educate and inform you about recent news and how it may impact your legal case in New York. I have provided commentary and opinion and welcome your comments to keep the conversation going.

If you have urgent legal questions or need a lawyer, please pick up the phone and call me at 516-487-8207 today.

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At Trial, Can You Guess if You Don't Know Answer?

You're not sure of the answer. You want to guess. You want the jury to know you know the answer, but you're really unsure. Can you guess during cross exam?

Category: Car Accidents

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Is inability to have sex a valid claim in an injury case?

Loss of consortium is part of any damage claim in an accident or medical malpractice case. It really means loss of intimacy with your spouse. Lack of sex is a

Category: Car Accidents

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What is Spoliation of Evidence in a NY Car Accident Case?

Careless driver says he wasn't careless. Instead, blames accident on defective brakes. Problem is that he trashed the car and there's nothing left to inspect.

Category: Car Accidents

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How much insurance coverage is available in NY Accident case

In a NY car accident case, why is it important to learn how much insurance coverage is actually available when you sue for compensation for your injuries?

Category: Car Accidents

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Who pays the medical bills in a car accident in New York?

Who pays your medical bills in a traumatic car accident here in New York? No fault does. But they only pay a certain amount. Who pays the rest? Read on to learn

Category: Car Accidents

Gerry Oginski
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Q: My mother was in a car accident last week, and already she's gotten letters from lawyers

asking if she's ok, and if she wants a lawyer? Is it ethical for a lawyer to send such a letter?

A: First, I hope she is feeling better. Second, in limited circumstances in New York, it may be

'acceptable' for an attorney to send such a letter to a victim of an accident. However, new ethical rules

say that a lawyer may not send an unsolicited letter to a victim's family within the first 30 days of the


In any event, the majority of lawyers feel such a letter to a victims' home is demeaning and degrading.

Some lawyers feel this is nothing but a solicitation, which is clearly not permitted in New York. Other

attorneys (the ones who send these letters) feel that it may be their only chance to entice the injured

victim to come to them as a client.

The letter is supposed to only offer them legal assistance and guidance- should they want it. Again, how

do you choose which attorney to use when you're inundated with a flood of letters from different

lawyers promising to help you with your accident claim?

The answer is simpler than you think. Ask yourself why an attorney would even bother to send such a

letter. Are they really that desperate to need to send such a letter? How did they get your name anyway?

I'll tell you how- maybe it came from the tow truck operator who took your car away. Maybe it was

from an ambulance technician. Maybe it was from a police blotter at the police station. (That's public

information that many investigators working for lawyers troll for in various police stations).

Ask yourself another question. Do you let a stranger into your house simply because he says he saw you

need a paint job, and amazingly, he's a painter who is willing to paint your house for a great price? Did

you call him? No. Did you seek out other customers of his to determine if he's reliable and professional?

No. He just showed up while trolling through the neighborhood. Is this the type of painter you want

working on and in your house? I don't think so.

The same rationale holds true for a lawyer that sends you an unsolicited letter following an accident.

What do you know about that lawyer? Probably nothing. Does that mean that he (or she) isn't a good

lawyer? No. But, again, think who you want for your attorney. Does it help knowing that your lawyer

gets many cases this way, by sending out unsolicited lawyer letters hoping that a few unknowing people

will answer the letter? The choice, as always is yours. Make an informed choice.

Category: Car Accidents