Your Rights in Assisted Living and in a Nursing Home:

     Helping an elderly relative move into an assisted living residence can be an emotional and worrisome time for everyone involved. When you or someone you know makes the decision to live in an assisted living facility, you trust that facility to perform certain duties to keep you healthy and safe. Because the elderly are expected to live longer and longer lives as medicine progresses, one can expect to live in an assisted living residence for a number of years. As one reaches the age of retirement and beyond, their body grows more delicate and susceptible to infection and disease. In addition, injuries resulting from falls can be devastating and may affect the injured person for the rest of his or her life. Depending on the situation, one might be able to gain compensation for injuries due to medical malpractice or negligence by the assisted living facility.

     First, it is important to make a clear distinction between an assisted care facility and a nursing home. An assisted care facility is one that provides housing, food, transportation, and in-house monitoring to its residents. Assisted living facilities also develop individual plans for each of their residents which are bound to change over time. On the other hand, nursing homes provide skilled medical care to those who needs it such as the disabled or ill. Nursing homes also provide housing and health services. Like assisted care facilities, nursing homes also develop individual care plans for their residence; however, these plans are largely medically based. The difference between these two entities can be determined by the level of medical care they provide. In the case of nursing homes, the failure to meet the needs of a resident may result in liability under medical malpractice, negligence, and/or New York Public Health Law § 2801 - d.

     New York Public Health Law § 2801 - d states that, “If the residential health care facility such, as a nursing home, deprives a patient of any right or benefit he or she may have under the law, then the institution is liable for any injuries that the patient suffers because of the deprovation of any right or benefit.” This is includes any benefits that are put in place for the wellbeing of the patient. This also includes state regulations and requirements of health care facilities. If a health care facility is found to be liable for patient’s injury, that patient should receive compensation to cover the damages suffered.  This payment will be no less than 25% of the patient’s payments to the health care facility. At this point and time, this law is most often applied to nursing homes.

    Injures do occur at  long-term residential facility. Some of the most common injuries include those incurred from falls and bed sores. The risk of infection causes bed sores to be particularly dangerous to patients. There is a Quality of Health law that addresses bed sores and how facilities should prevent and treat them. It states that when a patient without bed sores is admitted into a facility, they are not to develop bed sores unless it was unavoidable. If a bed sore does develop, it is a facility’s duty to provide treatment to the patient for the purpose of healing it. Other claims can be made based on emotional harm, financial loss, or death.

     When disputing a claim, a nursing home or long-term care facility must establish that they took every reasonable measure to prevent the injury from happening. Before admitting a loved one into a nursing home or long-term care facility, always inspect the environment in which they will be living. Note the quality and care that residents receive at the facility. In the resident’s room, take note of any loose rugs or objects that stick out at odd angles. Make sure public areas and bathrooms of the facility are well lit to minimize the chance of your loved one tripping and suffering a serious fall. If you find a potential injury hazard, you have to choices; either search for another residential facility or nursing home, or notify the facility’s management of the situation immediately.  

     A nursing home or long-term residence facility may also be held liable if they do not properly adhere to the resident’s plan of care. If the needs of a resident are ignored, a facility may be charged with neglect. Errors in providing medication, or providing the wrong medication to a patient can result in a liability claim. Before admitting a relative to a long-term residential facility, it is important to recognize that he or she has the right to take legal action against the facility of they are injured as a result of negligence, malpractice, or neglect. A facility can to punish or otherwise discriminate against a resident for exercising their right to take legal action. In some cases, a resident may not be able to act on his or her own behalf due to mental or physical incapacitation. When this happens, a legally appointed individual will act on the resident’s behalf.  This individual should be someone who the resident trusts and who is trustworthy, usually a close family member. 

     Currently, it is debated as to whether claims of malpractice or negligence are appropriate when applied to nursing homes. Claims will vary from case to case, but standard rule is that malpractice claims address the actions of medical care professionals or medical procedures. For example, incorrect medication distribution would most likely fall under a medical malpractice claim. On the other hand, if a patient trips on something that could or should have been moved out of their path, a liability claim would most likely fall under negligence.

     When defending a negligence claim, one must prove that the facility owed a duty to the resident and failed to fulfill it. Medical malpractice claims are slightly more difficult to apply to long-term care facilities because an attorney must consult and obtain documentation from a medical expert or an appropriate physician clearly indicating why the facility is at fault.

     If you are seriously considering admitting a loved one into a long-term care facility or a nursing home, remember that the wellbeing and health of that loved one depends on the quality of care they receive at the new residence. It is not a decision to be made lightly and involves a great amount of trust on the resident’s behalf. If you or a loved one have suffered an injury at a nursing home or long-term care facility, you may be able to receive compensation for these damages. For more information, contact Poissant, Nichols, Grue, and Vanier at:

367 West Main Street                                                                        45 Market Street

Malone, New York 12953                                                                 Potsdam, New York 13676

Phone: (518) 483-1440

Toll Free: 1-800-924-3529

-Joseph Nichols

-Paul Nichols

Custody: to Record or Not to Record Your Child:

     It is natural for parents to protect their children, or try to. In divorce cases, battles over the custody of a child can be become emotional warzones with each parent trying to disprove the others ability to take care their offspring. The ability of a parent to take care of a child may depend on their living, financial, and mental health situation. To try and prove one parent’s issues in these areas, the other will gather information in the hopes of winning the custody battle. They may try doing this by taking pictures, snooping through phone messages, or taking a video or audio recording of their former spouse when the child is present. This is a very dangerous thing to do and can lead to charges of eavesdropping as no consent was given before the recording took place. This can create more trouble for the parent recording rather than the one being recorded as evidence obtained through eavesdropping cannot be used in court.  Earlier this year, a court ruling made it possible for parents to record one another with their child and without the other’s consent if and only if they believe their child to be in danger.

     Most importantly, judges frown on recording a child’s conversation with the other parent - or recording a child at all. I have not yet met the judge who is not wary of such recordings. The opportunity for staging a conversation is too tempting for many parents to resist. Moreover, judges become dismayed when children are manipulated in a dispute that should be left for adults.

     The Court of Appeals, New York State’s highest court, decided in April of 2016 that a parent may have a valid basis to record a child’s conversation with another parent without giving notice to either the child or the parent that there is a recording being made. That case; People v. Badalamenti, imposed limits on circumstances where these unauthorized recordings can be used as evidence. 

     The ruling states: “…if a parent has a good faith, objectively reasonable basis to believe that it is necessary, in order to serve the best interests of his or her child, to create an audio or video recording of a conversation to which the child is a party, the parent or guardian may vicariously consent on behalf on the child to the recording…”

     This means that a recording can only be taken if:

·        The child is a minor

·        The child is in the recording along with the other parent

·        The parent has a reasonable belief that a recording should be taken

·        The child’s wellbeing and safety are at risk

·        The recording serves the child’s best interests

If the child is a minor, it can be argued that a parent can give consent for them when taking an audio or video recording. Only one party needs to give consent in this situation meaning the other parent being recorded does not have to give consent. The parent who is doing the documentation must also be able to present a clear and reasonable argument as to why they believed a recording was necessary. Simply not liking other parent, worrying about hteir child, or acting out of anger or spite does not qualify as an objective reason. The reason should be backed with facts about the other parent to support the decision to record. If a child is in true danger of physical or mental abuse, that also justifies a recording. Again, a hunch is not a valid reason for recording parent/child interactions without consent.

     If the recording parent fails to meet these requirements, the following rule applies: “If it is not objectively reasonable to believe that a recording is necessary to serve the child’s best interests, then the recording may constitute the crime of eavesdropping…”

     In other words, before hitting that little red ‘Record’ button; a parent must be very careful and very sure that they are justified in doing so. If the Court determines that the recording was not made with good reason, it will not only be dismissed from any consideration by a jury, but also the parent who took the recording may be charged with eavesdropping. Before making such a recording, consult with an attorney and discuss this and other legal ways of obtaining evidence. Parents who are not careful can cause more harm than good in document their child’s interactions with the other parent. Consider the logical reasons and consequences that have an impact on the recording before making one. 

     If you believe your child to be in real and immediate danger, call the police. Your call will be documented and reports from other sources such as police officers may help your case. If you contact the police, there is less likely to be trouble or debates when including that call as evidence. 

     Timothy M. Tippins, a family law teacher at Albany Law School and an authoritative voice on matters involving custody in all aspects of family law, expressed his own discomfort with this recent ruling in regard to the eavesdropping policy. According to him, allowing parents to record interactions between their child and another parent may cause ‘scheming’ within families. Even though there are legal safeguards in place that state parents must have ‘good faith’ and are acting in the best interest of their child, the temptation to record or spy on another parent may encourage dishonesty in an already tense situation.

     During custody battles, parents may view one another as bad or evil due to other issues involved in the divorce. Such feeling may encourage these individuals to make recordings even when there is no founded reason to do so. Parents who are constantly looking over the other’s shoulder in the hopes of capturing pieces of their life to use in court add to the already stressful home environment in which the child must live.

     If you or someone you know is a concerned parent involved in a custody battle, remember that recording your former partner involves risk and can end up working against you in court. To better understand vicarious consent for a child, contact Poissant, Nichols, Grue, and Vanier for more information.

367 West Main Street                                                                        45 Market Street

Malone, New York 12953                                                                 Potsdam, New York 13676

Phone: (518) 483-1440

Toll Free: 1-800-924-3529

-Joseph Nichols

-Paul Nichols

Who Should Be Driving Your Vehicle?

    When someone you know or care about asks you if they can borrow your car, truck, or van, it might be hard to say ‘no’ to them. It might be even harder to acknowledge their shortcomings as a driver or their questionable history on the road. This is especially true when a family member asks to borrow a vehicle. They may say things like, “I’m only driving a few blocks away” or “I’ll only need it for an hour or so”. Such comments are reassuring and prompt us to have faith in someone’s ability to drive safely. However; if you are not careful or allow your vehicle to be used by the wrong person, you may open yourself up to monetary damages by reason of a claim of negligent entrustment of your motor vehicle to another. An article written by Robert and Gail Kelner in the New York Law Journal explores the actions and consequences involved in this tort.

     Negligent entrustment of a vehicle occurs when the owner or controller of a vehicle gives permission and allows another person to drive their vehicle when that other person is not qualified to do so safely. The driver who has been given permission could either have a history of bad driving, holds on their license, no license at all, or a number of tickets in order for the owner or controller of the vehicle to be charged if an accident were to occur. The owner or controller can be charged if they know or should have been aware of the driver’s previous history or lack of qualifications to operate the vehicle. This means that if the driver did cause an accident, not only can they be charged, but the person who let them use the vehicle in the first place is at fault and can be charged as well.

     For example; William and Jess have been married for ten years and live together in Chateaugay, New York. Over the past year, Jess has received 2 speeding tickets for driving over the speed limit in a school zone. Jess also likes to go out with her friends on Friday nights and will sometimes get behind the wheel after having a few drinks. Chateaugay is a small town with little traffic and she only sees five or six cars on the road on her way home. William is aware of her unlawful habits, but he loves her and when she goes out, it gives him time to watch his favorite television shows. One day, Jess’s car’s engine light turns on and so she takes it to a mechanic to be looked at. It’s a Friday and the mechanics need to thoroughly search the car for problems so it must stay at the shop over the weekend. That night, Jess asks William if she can borrow his car to go out. Without hesitation, William tosses her the keys, tells her he loves her, and turns on the TV. Two hours later, William gets a call from the police. His wife drove home from the bar while intoxicated and struck another driver, head on. Within the next few months, the couple tries to cope with what happened. Jess is charged for the accident, and William is charged with Neglectful Entrustment. It took less than a second for him to make a decision and hand her the keys even though he knew she was likely to speed and drive with alcohol in her system. They are both at fault.

     If you are aware of another person’s bad driving tendencies and let them use your vehicle, you are responsible for any accident that occurs thereafter. When asked by a loved one or friend to borrow a vehicle, is not rude to say ‘no’ if their driving needs improvement. Keep yourself and the people you care about safe from a legal action.

     The car does not necessarily have to be owned by you or bought under your name for you to get charged with negligent entrustment. If you had control over who could and could not drive the vehicle and allowed a bad driver to borrow it, you are at fault. You may be charged with negligent entrustment if the person driving your vehicle has obtained as little as two speeding tickets within the space of a year and caused an accident while using your vehicle. 

     In some cases, the leasers of cars can be charged with negligent entrustment if they lease a vehicle to someone who does not possess a valid driver’s license. These businesses have a duty of care to check their customer’s qualifications, but not necessarily their driving history. It is rare that leasers of vehicles are charged with neglectful entrustment based on the driver’s history alone.

     If you are a passenger in a vehicle driven by someone who should have been trusted with the vehicle, you will not be liable for any accident that might occur unless you were the vehicle’s owner of the vehicle.

     Lastly, never entrust your vehicle to someone without knowledge of their competency as a driver. If you are uncomfortable with another person using your vehicle, do not hand them the car keys. Do not let your children drive your vehicle if they are not qualified to do so. Even when supervised, your children should not be behind the wheel without a permit or license. Keep the roads safe and your car keys in the right hands.

     If you wish to know more about negligent entrustment, or if you or a loved one had been injured due to negligent entrustment, contact Poissant, Nichols, Grue, and Vanier at:

367 West Main Street                                                                        45 Market Street

Malone, New York 12953                                                                 Potsdam, New York 13676

Phone: (518) 483-1440

Toll Free: 1-800-924-3529

-Paul Nichols

Sidewalk, Stair, and Curb Maintenance

     Sidewalk and stairway maintenance is a constant and worrisome activity, especially in northern parts of the country such as New York State. Snow and ice in the winter combined with weeds and rain in the summer cause damage to our sidewalks. Cracks and changes in sidewalk elevation should be monitored from year to year. We should do this to keep others from tripping, falling, or otherwise injuring themselves on our property. Sometimes, however, even a tiny crack or bump in the concrete can cause someone to injure themselves. So what can be done to protect people who do carefully maintain their property from a lawsuit? Defenses against sidewalk defect-based lawsuits are discussed in a New York Law Journal article written by Robert S. Kelner and Gail S. Kelner.

     A sidewalk defect could indicate anything from a clump of weeds growing in between panels of concrete to an elevated slab. When a sidewalk defect becomes the cause of an accident, the court must decide whether the defect is trivial or actionable. A trivial defect is one that is not significant enough to have caused an accident under normal circumstances; an actionable defect is the exact opposite. 

    So how does the Court decide whether a sidewalk or stair defect is trivial or actionable? A person might guess that the size of the defect determines its status. The bigger the defect, the more potential it has to cause harm, right? Actually, size is just one of several factors that the Court uses to make their decision. The size of the defect alone is not sufficient enough to determine whether it is actionable. There is no minimal size requirement for a defect to be considered either actionable or trivial.

     Along with size, the Court also considers the width, depth, height, irregularity, and visibility of the defect in question. The defect’s surroundings must also be examined. Some environmental factors can worsen the effect of the defect should someone be injured by it. If a defect is difficult to see due to its location, it may be actionable regardless of its size.

     Think of two curbs: one on a residential road somewhere in a small town in the North Country and one on a busy street in the city of Plattsburgh, New York. There are few street lights in the residential road, and so the curb there is poorly lit. The residential curb is also starting to crack and crumble due to many harsh winter seasons. The curb is elevated from the street unevenly and is in need of repair. By contrast, the curb in Plattsburgh is well lit and is maintained regularly. However, this curb has a sharp unmarked edge and is at a greater height than the sidewalk beside it. This section of Plattsburgh also experiences large amounts of traffic.

     Which of these two curbs is likely to be considered a dangerous defect by a reviewing court? The answer is both. Even though these curbs are found in to different environments, there are factors that make each one dangerous. The residential curb is rough and badly lit which may cause someone to stumble and fall. The Plattsburgh curb has a sharp edge at an odd height from the ground and even though it is regularly worked on, it is not marked and a pedestrian may not notice its height do to the heavy traffic. In this example, the height, illumination, condition, and environment for each curb were considered; size was not, but could have been.

     Another why in which the Court analyzes defects is based on whether they could be avoided. If a person could easily avoid a defect while walking like a normal human being, it may be considered trivial.  

     Property owners should always inspect their sidewalks for defects that could cause pedestrians to be injured. If a significant defect is found, it should be taken care of as soon as possible. If it cannot be fixed immediately, it should be marked so that pedestrians can avoid it. Property owners should also consider how their property is lit.

     Contact your local government for curb and sidewalk maintenance or the placement of street lighting around your property. Municipal governments are responsible for fixing roads, curbs, and sidewalks that are used publically, along with the residential owner under certain circumstances. Moreover, in regard to village and city sidewalks, the village and city can be found liable only if a specific notice has been delivered to that municipality describing the defect. That notice of the dangerous defect must be sent prior to the accident. So if you do see a dangerous defect or condition in a sidewalk or curb that you think is going to cause an accident and harm someone, take a few minutes and notify the village or town clerk or the city clerk to help protect others. This notification should be in writing.

     

     For more information about the legal implications of sidewalk or stair defects, or if you or someone you love has been injured due to such a defect, contact Poissant, Nichols, Grue, and Vanier at:

367 West Main Street                                                                        45 Market Street

Malone, New York 12953                                                                 Potsdam, New York 13676

Phone: (518) 483-1440

Toll Free: 1-800-924-3529

-Joseph Nichols

-Paul Nichols

3-D Printing: A Blessing and a Curse

     3-D printing (also known as additive manufacturing) is a relatively new and exciting development in the manufacturing world. While a normal printer can take a document and translated it to ink on a page, a 3-D printer can read three-dimensional digital models and physically form them by adding layers upon layers of different materials including; plastics, metals, or even flesh. The idea that an object of any shape can be created this way opens the world of manufacturing to new possibilities; however, as with any technology, it can be used to break the law. In a recent New York Law Journal article, James A. Johnson expresses both his appreciation and apprehension concerning this new form of production.

     The use of 3-D printing ranges from making children’s toys to practical tools for the workplace. Once a single digital model is obtained, multiple copies of the same object can be printed. Even now, the use of 3-D printing has been extended to the medical field. University of Michigan Researchers used the technology to produce surgical implants for the human body. A company by the name of Organovo developing the technology further in the hopes of producing living and functioning human organs to be used for transplants. They would do this by using 3-D printers. The printer does this by applying layers of living tissue rather than inanimate material. If the tissue is sampled from the patient, there would be no chance of rejection later in their life. Simply put, this technology could save lives that would otherwise be lost.

     While 3-D printing may seem like it can only help the manufacturing and medical world, it could be used for unethical practices as well. Again, the only guide that a 3-D printer or a group of 3-D printers needs to continuously produce something is a single digital file of the required object. Digital models can be made when an item is scanned by a 3-D scanner. This leaves an opportunity for copyright infringement as patented objects could be scanned and copied by rival companies. Some might take such patented material and illegally modify and sell it without the original manufacturer’s consent. As the ever-changing flow of information and files over the Internet continues, it shall become more and more difficult to protect one’s content or intellectual property. It is equally difficult to police items that are sold online, especially if they appear to be legitimate instead of copies of an original.

     For practical reasons, it is always a good idea to patent anything that is your original work or idea. This does not only affect large corporations, but small businesses as well. There may come a time when the ethics of 3-D printing are called into question.

     If you desire to protect your intellectual property or have questions concerning patents or copyrights, contact Poissant, Nichols, Grue, and Vanier for more information at:

367 West Main Street                                                             45 Market Street

Malone, NY 12953                                                                 Potsdam, NY 13676

Phone: (518) 483-1440

Toll Free: 1-800-924-3529

-Paul Nichols

What You See Isn’t Always What You Get: The Eyewitness Problem

     If our memories were perfect, we would never need to study, we would never have to prepare grocery lists or write down someone’s phone number. Unfortunately, these are activities that everyone does constantly throughout their lives. It comes as no surprise that when the average person is asked to remember specific details from a past event, their memory falls slightly short of the truth. Eyewitnesses are important and can provide details to a case that would otherwise remain undiscovered, however; it is important to keep in mind that the human memory is not perfect. Even worse, if we suffer gaps in our memory, we tend to fill that empty space with details that make sense to us, but may not be true.

     In a New York Law Journal article written by Florina Altshiler, she discusses the pros and cons that Eyewitnesses bring to a trial. The article brings up several key points that describe the situations eyewitnesses find themselves in and how their memory is affected by each.

     First, consider the potential cases in which an eyewitness are considered to be valuable. Cases involving car accidents, shootings, assaults, or robberies may occur quickly and under extreme stress. A person witnessing such events must process a lot of information within just a few minutes, sometimes seconds! Now think of memory as it is formed. Every person has their own opinions, biases, and ideas of how things should be. This does have an effect on how we remember things. Even a person’s mood has an effect on their willingness and ability to remember parts of their day.

     Here’s an example: Kelly is on her way to return a defective curtain rod she had purchased from a store in downtown Potsdam, New York. She is doing this during her lunch hour and because of this, there are many noisy vehicles on the street. Kelly is frustrated at the poor quality of the curtain rod and is paying little attention to those around her. She is also in a hurry because her lunch hour ends in the next twenty minutes. As she is walking down the street, two men run out from the alleyway in front of her. The first man is wearing a bright blue hoodie and is bleeding from his left shoulder. The man chasing him is wearing a bright purple hoodie and is carrying a rusty pipe in his right hand. The first man has a beard while the second is clean-shaven. Both are wearing hats. The two men turn the corner and are out of sight in the next five seconds. Kelly has just become an eyewitness to a future case. She will be asked to recall specific details from five seconds of her busy day. Kelly may have a good memory, but her mind did not have time to processes the chase. She may mix up the men’s clothing colors or mistake the rusty pipe for a baseball bat. When the incident occurred, Kelly’s mind was focused on other areas of her life. Kelly may present some valuable evidence at the trial, but then again, she may remember the specifics differently.

     The testimony of an eyewitness can be skewed in other ways as well. Police officers who interview eyewitnesses may ask suggestive questions, or questions that suggest details of a crime to a witness rather than allow the witness to remember them on their own. These suggestive questions may not be intentional; however, they do change an eyewitness’s perception all the same. It is important for members of law enforcement to ask open-ended questions that encourage the eyewitness to remember the crime without specific prompting. There is also research to show that when there are weapons present, such as a gun or a knife, witnesses tend to focus their attention on those objects rather than on the crime itself.

     Eyewitnesses might also face a group mentality when recalling events if the incident was seen by many people. To fill in memory gaps, eyewitnesses may rely on the memory of another to work out the details. This patchwork memory may not be correct, but if the majority of witnesses all agree that something did happen a certain way, it is difficult for a single witness to argue against it without hard proof.

     Jury members should take into account the flaws of human memory when deciding the outcome of a trial. Eyewitness testimony should never be dismissed or disregarded as unimportant, however; if harder evidence exists such as surveillance footage, it should be regarded with greater attention. It is also unwise for those in law enforcement or private investigators to lead a witness with questions that may alter their memory of an incident. Lastly, eyewitnesses themselves should not force memories to form. As noted in the article, memories are temporary creations that we create for ourselves. Eyewitnesses should describe events to the best of their abilities, but should not be pressured into creating false memories.

     For more information concerning eyewitness reports or how an eyewitness is considered in the court room, contact Poissant, Nichols, Grue, and Vanier, P.C. at:

367 West Main Street                                                         45 Market Street

Malone, NY 12953                                                       Potsdam, NY 13676

Phone: (518) 483-1440

Toll Free: 1-800-924-3529

-Paul Nichols 

The No-Fault Provision Explained:

     Forms, agreements, and other such paper work can easily become confusing when dealing with insurance companies. More often than not, people find themselves overwhelmed by insurance companies when trying to recover from an accident. If you were involved in a car accident and did not cause it, keep the following information on hand when dealing with your insurance representative.

     Every insurance contract in New York State must have a No-Fault provision. If you were seriously injured in a car accident, you may be entitled to the following: 

1. If you require medical appointments or procedures because of the accident, the insurance company is required to cover at least $50,000 under the No-Fault provision. This money can also be applied to lost wages if you need to miss work because of the accident.
2. Other medical benefits may continue without an end date as long as the injuries involved are caused by the car accident.
3. If you do happen to need time off from work, you can still be compensated for up to $2,000 a month for up to three years after the accident occurs.
4. For some necessary expenses, you may be provided up to $25.00 per day. This money can be used for:

              -   Traveling to and from doctor’s appointments

              -   Hiring someone to assist you if you are unable to take care of yourself (family excluded)

You may receive compensation in other ways depending on your insurance coverage, but these are the minimum payments that you can receive from any insurance company in New York State.

     In order to qualify for No-Fault coverage, you must submit a No-Fault application within 30 days of the accident. You will need to provide proof that you have been disabled in some way due to the accident, and your doctor must provide that proof once a month for your benefits to continue. You must keep track of your expenses and millage to and from the doctor’s office as well as days of work you have missed. Always have your claim number, insurance company’s address and the name of your adjuster, medical verifications stating that you cannot take care of your own needs, a record of every injury that the accident caused, and the name of your doctor.

     Keep detailed records and documentations for yourself, do not rely on the insurance company or your doctor to keep track of everything. Make sure to ask for copies of forms, receipts, and other proof relating to recover. Lastly, your doctor must bill the insurance company no later than 45 days after an appointment or procedure takes place. Remember to keep a detailed record and receipts as proof of your injuries and expenses.

     Remember that a No-Fault claim is merely compensation for your economic loss as a result of a car accident. It is not compensation for your personal injury and pain and suffering.. In no way does bringing a no fault claim bring an action against the driver who caused the accident. If you wish to sue him or her, that is a separate matter altogether and you should see an attorney immediately to assist you. 

     If you have any questions about the No-Fault claim, contact the Poissant, Nichols, Grue, and Vanier, P.C.

367 West Main Street                                                                       45 Market Street

Malone, New York 12953                                                                Potsdam, NY 13676

Phone: (518) 483-1440

Toll Free: 1-800-924-3529

-Paul Nichols