New York Motor Vehicle Accidents

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New York Motor Vehicle Accidents

by Gary B. Pillersdorf, John Scarzafava and J. Michael Hayes

Efficient Settlements in NY Auto Accident Claims

In today’s tough settlement climate, it is important to employ every effective tactic for increasing auto settlements and verdicts.

Now you can buy a whole book full of settlement-enhancing tools and techniques – including how to maximize damages. New York Motor Vehicle Accidents shows you how to get the most for your auto clients:

The best investigatory tool an auto accident lawyer can use. Section 1.190
Why you should use a modified hospital authorization form. Section 1.250
Profitability rules of thumb for small cases. Section 4.20
Your best bet for a lead witness. Section 11.10

What to look for in emergency room records and hospital bills. Section 12.11
Statements to always include on your authorizations. Section 14.70
When to name a non-owner driver as an individual defendant. Section 20.10
Combating the powerful seat belt defense. Section 3.230

The best types of "moaner and groaner" witnesses. Section 22.186
Using "pulling power" to emphasize an important exhibit. Section 22.242.10
Cross-examining defense doctors. Section 22.271.11
How to reduce settlement liens. Section 22.32.10

New York Motor Vehicle Accidents has page after page of sample reports and tips for efficiently acquiring them. Admissibility is discussed, complete with citations and usual outcome. The authors cover: police accident reports, emergency room and hospital admission records, ambulance call records, AIS Squad records and photos, vehicle ownership information from the DMV, prior criminal records, drivers' operating records.

The book also offers guidance through difficult situations, including:

Proving loss of income for self-employed plaintiffs
Artfully disclosing unreported income
Handling pre-existing conditions
Representing illegal alien plaintiffs
Workers' compensation
Creative coverage avenues to supplement low policy limits
Bad faith letters to uncooperative adjusters
How to combat common defenses

New York Motor Vehicle Accidents is loaded with more than 115 checklists, motions, document requests, letters, charts, discovery questions and more, all of which are also included on the free CD-ROM. These are the same expertly-drafted forms that the authors have used to win their six and seven figure settlements and verdicts. Use them to lift your performance level, trim case processing time, and delegate more to your assistants. Some examples are:

Basic write-up kit includes retainer agreement, notice of intention to make claim (MVAIC or UM carrier, notice of claim against a municipality, no-fault form, restrictive authorizations (hospital, medical, work record), and MV104 accident reporting form. Section 1.230
Pattern jury instructions to determine the elements to be proved. All the relevant instructions (PJ1 2.75-88) are included and discussed. Chapters 3 & 5
Auto liability checklist will speed the investigation process. Attach one to every new file. Section 10.60
Investment cost estimation charts predict hours, disbursements, and trial preparation fees by stage of litigation to help you assess profitability. Section 720
Checklist for investigating the defendant's expert. Both common and little-used sources are provided for this crucial task. Section 16.20
Plaintiff's combined discovery demands. Discoverability, case authority, and objections to defendant's demands are included in the accompanying discussion. Section 16.150
Deposition question checklists. Specific to type of case and party, these artfully drafted questions showcase the authors' expertise. Section 18.120

As motor vehicle cases grow more sophisticated, the cost to bring them has increased. Simultaneously, insurers and juries have toughened their stances against plaintiffs. The authors of this book have decades of auto litigation experience, and they have already been through most of the difficulties you will come across. In New York Motor Vehicle Accidents, they share what those decades have taught them. Focusing on the day-to-day practice of automobile cases, the authors offer tools, practice tips, and forms to make your auto practice more efficient.

Updated annually. ISBN 1-58012-050-4. Book Price: $99.00

Reviews

"I have thoroughly reviewed all of the matter contained therein and in my opinion it is a great treatise not only for beginners in the automobile accident field, but for those practitioners who have been in the negligence and, more particularly, the automobile negligence field for some time."
—Excerpted from New York Law Journal, June 12, 2000