What happens when a lawyer who has always had a heart for the little guy and no love for corporations comes out of law school, works first at a plaintiff’s personal injury firm, then at a firm representing transit police officers and Metro North railroad police when they got into disciplinary trouble, forms a partnership in 1992,

In this episode of the Trustcast Show, Zane Myers speaks with Jay, a New York City personal injury attorney with over three and a half decades of experience handling automobile negligence, pedestrian knockdowns,

Jay explains the triangle he uses to evaluate every case before he takes it: level one is liability, because without clear fault you have nothing to build on; level two is damages, whether injuries, lost wages, or both; and level three is coverage, because you can win completely and still recover nothing if the at-fault party has no insurance worth going after. He also explains the thirty-day deadline for filing a no-fault application in New York

They also discuss the May 2006 change to New York personal injury law that eliminated the ninety-of-one-eighty provision — the rule that used to let people with a disability lasting at least ninety out of one hundred eighty days recover damages in automobile cases — and replaced the entire liability framework with a requirement that you be over fifty-one percent not at fault just to recover anything, a change Jay attributes directly to Uber spending ten million dollars in lobbying to get the governor to force through the modification. He explains why you should never give a recorded statement to any insurance company, including your own — because the no-fault file is discoverable by the other side and any admission you make in it can be used against you later

Jay is a New York City personal injury attorney in private practice since 1999, with an office at 260 Madison Avenue in Midtown Manhattan near Grand Central Terminal. He is a former counsel to the Hispanic Society of the New York City Transit Police and the New York Shields, and has been featured in Newsday and the New York Law Journal. He handles automobile negligence, pedestrian knockdowns, motorcycle accidents, and slip, trip, and fall cases throughout New York.

Connect with Jay:
Phone (office): 212-972-0000
Phone (cell / direct): 917-620-4802
Email: [email protected]
260 Madison Avenue, Midtown Manhattan, New York City
(Between 38th and 39th Street, a few blocks from Grand Central Terminal)

Chapters

00:00 Introduction — Thirty-five years settling New York personal injury cases from three thousand dollars to four point six million
00:12 The New York Law Journal and Newsday case — transit police officers denied promotion after the NYPD merger, a class action that was not the norm
01:51 What first pulled him toward representing injured people instead of corporations — always a heart for the little guy
02:29 Straight out of law school? Not quite — plaintiff’s firm, transit police firm, a partner from 1992 to 1999, and solo ever since
03:33 The legal assistant who is a former NYPD police officer — and why the combination of investigative instinct and medical interest made her a perfect fit
04:27 Office at 260 Madison Avenue, Midtown Manhattan — and why pedestrian knockdowns are something you associate specifically with New York City
05:07 The most interesting pedestrian knockdown case — a delivery company on a motorized bike, street cameras, and a sizable settlement
05:42 The four point six million dollar case — a drunk driver, a catering hall in Great Neck, a woman in a coma for thirty days, and a structured settlement she still receives today
07:06 What injuries did she have — collapsed lung, removed spleen, TBI, laminectomy, multiple fractures, and the long road back
08:06 What to do in the first hour after being hit by a car in New York
09:17 Do not decline the ambulance, go to the hospital, and complain about everything that hurts from head to toe
09:33 Do not give any statement to either insurance company — let your attorney handle all of that
09:55 The thirty-day no-fault application — fifty thousand dollars in medical coverage and the certified mail plus email system to prove you sent it
12:00 Why social media — not just posts about your case but posts about your life — can be discovered and used against you
12:27 Does the other driver say everything is fine and suggest you skip the police — should you call anyway
13:40 Uninsured motorist claims, underinsured motorist claims, and why a police or ambulance report within twenty-four to forty-eight hours is required to use them in New York
15:16 Why you should never talk to your own insurance company’s adjuster without a lawyer
15:35 The friend’s client who told his insurance company he actually lived in New Jersey — and lost coverage entirely

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