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Tip of the Month
Generally speaking, if you have been hurt in an automobile accident, then the insurance policy providing coverage for the vehicle you were driving, or were a passenger in,  includes “No-Fault”coverage which will pay the reasonable charges for medical bills for treatment  needed due to the accident.  An injured person should  use that “No-Fault” coverage, and not any private health insurance coverage, to pay for medical treatment arising out of the accident (at least not in the first instance, and not until you have used up your No-Fault coverage).

However, in order to be entitled to No-Fault Coverage, an application has to be filed with the insurance carrier for the car you were in, within 30 days of the date of the accident.  The failure to do so can result in the carrier “disclaiming” (denying) coverage on the grounds of “late notice”.   The insurance carrier should be contacted immediately following the accident and if a person was hurt, a request for a “No-Fault Application” should be made by, or for, that person.

If you were injured in a motor vehicle accident while in, or during, the course of your employment, you are entitled to file a Workers Compensation Claim with, and through, your employer’s workers’ compensation insurance carrier (which will take the place of “No-Fault” insurance, in such circumstances).

It is always best to consult with a lawyer as the facts and circumstances of each occurrence might require different courses of action, in order to protect your rights.
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About Jeffrey I. Schwimmer
Monday 12-21-2009 2:42pm ET
Jeffrey Schwimmer has been practicing law for 30 years. His law firm’s office, located in the Wall Street area at 50 Broad Street, Suite 1800, in Manhattan, has been open for over 20 years. He is a litigation attorney who specializes in personal injury and medical malpractice cases and also provides services in employment discrimination law (i.e., race, gender, age, etc.). 

Not only is Mr. Schwimmer admitted to practice in the Bar of New York State, but he is also admitted to the United States District Courts for the Eastern and Southern Districts of New York, which cover all of the counties of New York City and Long Island, as well as to the United States Supreme Court. He also donates his time as an arbitrator for the Civil Court of the City of New York.

Clients are treated as valuable members of the team, who are talked to; never down to. Active involvement in their cases is encouraged while Mr. Schwimmer aggressively pursues their rights in order to obtain the greatest possible compensation deserved. He will visit severely injured clients in their homes in order to provide a comfortable environment in which to better serve their needs. 

Mr. Schwimmer began his career working in an insurance defense firm that provided legal services for many of the major liability insurance carriers in the nation. He now uses his knowledge and experience of insurance claims practices to benefit the interests of his clients. Over many years of practicing law, Mr. Schwimmer has successfully obtained millions of dollars in compensation for his clients (past results can not be considered a guaranty of future results for a particular case, as each case must be evaluated based upon its own facts and circumstances).

Born and raised in New York City, he received his undergraduate degree from Brooklyn College and obtained his Juris Doctorate degree from Gonzaga University of Law in the state of Washington. He can be reached at JSchwimmerEsq@att.net and (800) 370-3010, which is accessible 24 hours a day, seven days a week.
Q&A
Monday 12-21-2009 12:34pm ET

1. How Long Have You Been In Practice?

I have been in practice since 1980.; for 30 years. I am admitted to practice law in the State of New York; The Federal District Court for both the Southern and Eastern District of New York and the Supreme Court of the United States.


2. Do You Belong To Any Professional Organizations?

Yes. The New York State Bar Association; New York State Academy of Trial Lawyers; New York County Bar Association; American Association for Justice (formerly known as the Association of Trial Lawyers of America)


3. What other professional Activities have you been involved in?

• I am an Arbitrator for the Civil Court of the City of New York;
• I have volunteered my services as a Moot Court Judge for:
• The Annual Charles W. Froessel Moot Court Competition - New York Law School;
• The Annual Robert F. Wagner National Labor & Employment Law Moot Court     Competition;
• The Annual American Association for Justice Student Trial Advocacy Competition.


4. Do you concentrate your practice in any particular Fields of Law?

Yes. The focus of my practice is to assist those who have been seriously injured due to accidents caused by the negligence of others; whether by automobile; dangerous or defective property conditions; construction site mishaps; medical malpractice, or any other situations where someone was hurt due to the negligence of others. In such cases, the consultation is free, which can be done in my office, in the hospital or your home; and the clients do not  pay a fee for the services rendered unless they are successful in obtaining compensation - this is called a contingent fee arrangement. Any expenses incurred to prosecute the case are payable at the end of the case.

Additionally, I also assist persons obtain compensation who have been victims of discrimination on the job due to their age, sex, religion or other legally impermissible reasons.


5. What can someone do to best protect their rights?

If you think you are the victim of an accident, or of employment discrimination, do not delay in getting the advice of a lawyer. Depending on the type of claim you are making, or who you might be making it against, there are different  time periods prescribed by law which limit the time you have to bring your claim in court and if those time periods pass, you can be barred from bringing your claim, no matter how much merit there may be to that claim.