Mike Bersani and Dave Kalabanka recently negotiated a $1,000,000 mediated settlement for an electrician construction worker who fell from a 12-foot scaffold, landed on his feet, and suffered a low back injury requiring fusion surgery.

Michaels & Smolak partners Lee Michaels and Mike Bersani recently completed the Geneva, New York “Musselman” sprint triathlon (swim, bike, run). Lee finished first in his age group (men 70-74) and Mike finished 4th in his (men 55-59). See photo here.

All Four Michaels & Smolak Lawyers Again Named “Super Lawyers” Read About it Here

Lawyer Mike Bersani Awarded 2009 Citizen of Year by Geneva Chamber of Commerce! Congratulations Mike! Read About it Here

NEWS IN THE LAW

Ban on Texting-While-Driving Law In Effect (November 2009) Read About It Here

New New York Insurance Law Helps Injured

(January 2009) There is good news in New York State for accident victims. A new New York law reversed New York’s long-standing and unfair “no-prejudice” rule, which helped insurance companies avoid paying accident victims. The law, which amends Insurance Law Section 3420, took effect in January 2009, and applies to insurance policies issued from January 2009 on. The law prohibits insurance companies from denying a claim based on “late notice” (where the insured did not tell them about the accident right away) unless the insurance company can prove that it was “prejudiced” (harmed) by the untimely notice. The insurance company must prove that the lateness of the notice “materially impaired their ability to investigate or defend the claim.” This is a tough burden, because usually the insurance company’s ability to investigate or defend is not affected by the lateness of the notice. Instead, the insurance company has simply used the lateness of the notice as an excuse for not paying the claim. Further, the new Law allows the victims of accidents to bring “declaratory judgment actions” (lawsuits against the insurance companies to determine whether the insurance companies have to cover the claims) directly against the insurance companies.

NEWS IN THE FIRM

Recent best results:

Michaels & Smolak recently negotiated a multimillion dollar confidential mediated settlement - All we can say is that we recently obtained a multimillion dollar settlement on behalf of a construction worker who sustained severe and permanent lung damage from dust created during demolition and construction activities.

Michaels & Smolak settled a case for 7.75 Million dollars for a young man partially paralyzed from a car crash.

Michaels & Smolak brought in a $3,814,390 judgment (with interest) for an elderly Parkinson’s patient paralyzed and brain damaged due to an equipment malfunction during brain surgery (ask for a copy of the decision and news articles!). The defendant fought the Michaels & Smolak team every inch of the way, through a long trial, and then two appeals, but in the end we prevailed.

Michaels & Smolak obtained a $750,000 mediated settlement for a college professor whose ankle was severely fractured in a car accident.

Michaels & Smolak obtained a $585,000 settlement for the widow of a 53-year old homemaker who was struck and killed by a tractor trailer as she crossed the road in a cross-walk.

Michaels & Smolak won a verdict of nearly $300,000 (including interest) in the Court of Claims in Syracuse for a man who suffered shoulder impingement syndrome from a fall from a scaffold at a State park. This verdict came after the state had appealed twice, unsuccessfully, from two prior decisions in the case.

Mike Bersani’s chapter Municipal Liability for the 2009 New York Bar Association “Personal Injury” treatise has been published. He has also submitted his 2009 Annual Summary of Municipal Liability Case Law on this same topic for the New York State Academy of Trial Lawyers.