FAQs

IMEs (Independent Medical Exams) are conducted by doctors who regularly work for insurance companies. These doctors want to make the insurance company happy so that they can continue getting these lucrative exams referred to them. That means their reports to the insurance company tend to minimize the extent of accident victims’ injuries, and mistakes can be made. On some occasions the doctors flat out lie. If that happens to you, there are several things you can do to counter the errors in the report.

Make sure you and your attorney have a copy of the report. Don’t rely on verbal communication from an adjuster about what the report says. If you had a friend or family member attend the exam with you, they can serve as a witness to point out what really took place, what you said, what you stated your symptoms were even if the doctor did not write them all down or wrote down something that doesn’t match what you said.

If the doctor failed to take a medical history from you, your attorney can point this out to the adjuster or use it in court and negotiations with the defendant’s lawyer. He will strive to point out flat out mistakes or negative remarks.

If the IME report is extremely negative and the adjuster is relying on it heavily in denying you a fair settlement, you may want your own doctor ⁠— preferably a specialist who has been treating you ⁠— to write a response. Show your doctor the IME report and ask if they would be willing to write a letter countering it. Be aware, however, that your doctor is likely to charge you for preparing a response. Find out in advance how much you will be charged so that you can decide whether what your doctor is willing to write seems worth the cost.

These are just a handful of things you can do when an IME doctor lies or gives a negative report. You will want a diligent personal injury attorney from the Goldstein and Bashner Law Firm to help you navigate the murky waters of an IME. We have experience dealing with these doctors and know how to handle bogus or negative reports. We will investigate the background of the doctor, his relationship to the insurance company, and combat any negative remarks by using material from your own medical records. We are skilled at pointing out the flaws in these reports.

If you were seriously injured in an accident that was someone else’s fault, please contact our office today for a free consultation.

Look up the schools code of conduct on bullying. It’s possible it may speak directly to groups classified as disabled.

When disabled students are included under anti-bullying policies, often examples of qualifying bullying conduct include:
Graffiti containing offensive language which is derogatory to others because of their physical or mental disability;

Jokes, rumors or name-calling based upon an individual’s physical or mental disability;

Slurs, negative stereotypes and hostile acts which are based upon another’s physical or mental disability;

Graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes; or

Imitating manner of speech or movement, or interference with necessary equipment.

Notify the school of your claims.

The school must have notice of the incident and an opportunity to respond appropriately. If the school does not respond appropriately (for example by deciding not to discipline the offender) or fails to respond altogether and another incident occurs, the school may then be liable for the bullying.

You may also want to contact the other student’s parents.

If you feel that you have done all you can and the school is not stopping the bullying, you will want the help of an experienced bully injury lawyer. Contact us today at 516-222-4000 for a no cost consultation.

A hip can become dislocated during many kinds of accidents, including falls from high places and motorcycle or motor vehicle accidents, which are quite common. When this injury occurs in a head-on car crash, it is often nicknamed a “dashboard dislocation,” because it happens when the knee strikes the dashboard. Alternatively, a direct hit to the hip area or to the knee while the hip is flexed can cause a dislocation.

Hip dislocations are very serious and require immediate medical attention or permanent damage can take place. Please call our office if you have suffered a hip dislocation resulting in serious injury or complications. Our compassionate lawyers will answer your questions and evaluate your case at no charge.

Complex Regional Pain Syndrome May Increase the Value of Your CaseComplex regional pain syndrome (CRPS) formerly reflex sympathetic dystrophy (RSD), “causalgia”, or reflex neurovascular dystrophy (RND) is an amplified musculoskeletal pain syndrome (AMPS). It is a chronic systemic disease characterized by severe pain, swelling, and changes in the skin. CRPS often worsens over time. It may initially affect an arm or leg and spread throughout the body; 35% of people report symptoms throughout their whole body. Other potential effects include: systemic autonomic dysregulation; neurogenic edema; musculoskeletal, endocrine, or dermatological manifestations; and changes in urological or gastrointestinal function.

It can happen after trauma from an accident, and therefore you want both a skilled doctor to diagnose it as well as an experienced personal injury attorney to make sure you get maximum compensation for this diagnosis.

If you suffer from CRPS from an accident that was caused by another party’s fault or negligence, please contact our law firm today.

Leandra’s Law was signed into law on November 18, 2009 in honor of Leandra Rosado. Leandra was an 11-year old killed while she rode in a vehicle with the intoxicated mother of one of her friends. In response to this tragedy, the NYS Legislature made several changes to the Vehicle and Traffic Law (VTL). The law strengthened the penalties against motorists who drink and drive, and requires that:

any person sentenced for Driving While Intoxicated on or after August 15, 2010 must have an ignition interlock device installed on any vehicle they own or operate
the driver will have an “ignition interlock” restriction added to their driver license.

When it comes to drunk driving accidents, especially those involving children being injured you need an experienced drunk driving injury attorney. Contact us today for a free no cost consultation.

When your child signs up for a soccer or any other sport with a travel team, they will usually have you sign a release form stating that you know there are inherent risks in the game that are not the fault of the club. This does not mean you never have a case, but for injuries that happen during normal play of the game or practice, you do not. However, if there is any actions or negligence on the part of the club, coach, trainer, or facility that leads to the injury, you may have a case.

For example, if a child is not taken out of a game after an injury, they are made to participate in activities and drills that are not safe or age-appropriate, “dirty play” is tolerated even when it escalates to a point where an injury seems inevitable or proper safety equipment and gear is not used.

If your child suffered a concussion or any other sports injury while playing with a team, the best way to get information and find out the optimal course of action is to give our lawyers a call for a free consultation. Our sports injury accident lawyers will answer all your questions, let you know your legal options and discuss the best course of action.

In New York, the statute of limitations is three years from the time of the incident. This means that you have up to three years to file a lawsuit, but the sooner the better. If you plan on suing, it is best to have legal experts at your side from the beginning. As experienced personal injury attorneys we will guide you through the lawsuit process to increase your chances of proper compensation. Do not delay. Contact our lawyers today for a free consultaiton. We can answer all your questions, let you know your legal options and discuss the best course of action.

Generally, a failure to provide a person with a level of service or care that is essential to maintain health and safety. Neglect is a “failure to provide goods and services necessary to avoid physical harm, mental, anguish or mental illness”. Examples include a failure to provide proper medication, food, clothing, medical care, lodging and supervision.

If you or somoene you love is the victim of neglect–be it at a nursing home, hospital or daycare–you have the right to sue for compensation for any mecical bills, related expenses and pain and suffering. If you have any questions, give our lawyers a call. We can answer your questions, discuss your legal options and determine the best course of actions for your needs and situation. There is never a cost or obligation for a consultation.

Some cases, like assaults and bullying, come with psychological torture that may lead directly to psychological injuries. Other cases, such as car accidents or slip and falls, can cause serious physical injuries and lifestyle changes that can also lead to extreme anxiety, depression, and other psychological damages. When psychological injuries can be proven, they are compensable and awarded a value, just like physical injuries.

Some ways to prove psychological injuries:

• Doctor reports, such as from a psychologist, psychiatrist or social worker
• Medications prescribed due to the accident, such as anti-depressants
• A person becomes disabled due to their psychological injuries
• Diagnosed as suffering a psychological condition by Social Security or a disability company
• Our injury lawyers have helped many clients recover significant damages for their psychological injuries. These awards help them pay medical bills, recover lost wages and get the closure
• Necessary to begin to move on and recover without financial worries.