New York Personal Injury Lawyer in Elmira


Law Office of 
Charles E. Andersen

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close followint
sudden stopping skidding car leaving the road extenuating circumstances
child crossings

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Accidents at Intersections


Duties of Motorist where stop sign missing or obscured


Close following


Sudden stopping




Car leaving the road


Extenuating circumstances


Child crossings


Speed limits


Duty of Maintenance


Pedestrian Crossing Street


Responsibility for drivers actions


Double parked vehicles


Unlicensed Drivers


Safety Belt Defense


Infants Comparative Negligence


Mentally Deficient Plaintiff


General Damages


90/180 day rule


Pain and Suffering


Aggravation and activation of injuries


Structured judgments


Non-Recourse Funding


Duty of Driver on Through Highway


Turning Across Traffic


Violating the Rules of the Road



duty of maintenance

Non Recourse Funding


         Sooner or later, every practitioner will face a client who begs to borrow money against their case to "tide them over." Clients with financial problems will often ask to borrow money while their case is pending. Clearly, the act of lending or advancing money to a client by the attorney involved in the case is inappropriate, unethical and illegal. No attorney should ever advance a client money, The cannons of ethics prohibit dealings of that nature with current clients, and, even if not prohibited, it is just plain bad business. New York called the lending of money to clients "maintenance" and each department has expressly forbid the practice. The ban on maintenance is found in DR5 -103(B). The first department rule, which is an exemplar, expressly forbids "any attorney, directly or indirectly, as a consideration for the placing of a retainer, to pay any expenses attending the prosecution or defense of any claim or action" Rules of the Appellate Division, First Department, 22 NYCRR sec 603.18. The evils addressed by the traditional prohibition of advancing money to clients is increasing non-meritorious litigation and the improper solicitation of retainers. The ability to finance your client during the life of the case should not be a factor in the clients determining to engage a particular attorney.


         However, clients can develop legitimate financial problems that can result in true tragedies. We hear of injury victims, unable to work, losing their home to foreclosure or their business to debtors while waiting the years that a personal injury case can take. While it is improper for the lawyer to advance funds, it is perfectly ethical for the attorney to recommend a lending institution that will meet their needs, provided the recommendation is at arms length and there are no hidden promises between the lawyer and the lender.


         A commercial solution that has recently swept the market is Non-Recourse Funding. Private companies will advance money to your client, secured by a lien against the proceeds of the case. However, that some of these outfits charge rates that rival the loan-sharks on the pier, as high as 18% a month, and it is perfectly legal. More reputable companies charge in the range of 3 - 4% a month, comparable to many credit cards.


      Under the terms of Non-Recourse Funding, the company will advance the client a sum of money, usually percentage of the value of the case, and agree to defer repayment until the case is resolved, getting nothing if the case is lost. They are only paid back from the proceeds of the case, in effect creating a contingency lien



How I can help you recover:


     I am an experienced New York lawyer who has the time to aggressively pursue a personal injury case on your behalf. By knowing the law, we know who's right and who's wrong.


          Please call our office now if an insurer is refusing to cover your medical bills, compensate you for loss or diminution in earning capacity or cover the collateral costs of your injury.  


          Our office may also be able to help you recover for pain and suffering if you meet the threshold requirement for " serious personal injury " to sue under New York's  "No Fault" automobile statue. This means more than temporary injury and disability, however it does not mean that your injury must be disabling. A permanent scare, or permanent painful condition resulting from damages to joints or ligaments is sufficient to meet this threshold even though you are not disabled or out of work.





Pedestrian crossing street Responsibilities for drivers actions double parked vehicles
unlicensed drivers  

No fees unless you win







Auto Accident Facts

Thousands of innocent people per year are injured in car accidents as a result of the careless driving of others. According to the U.S. Department of Transportation, nearly 43,000 people died in car accidents in 2002. More than one-quarter of Americans have been involved in a car accident in the last five years.

Every 13 minutes, there is a death caused by a motor vehicle accident. Car accidents claim our very youngest and our very oldest populations. Americans from the ages of 1-33 are more likely to die from a car accident than from anything else. On the other side of the spectrum, elderly adults aged 75 and up are most affected by motor vehicle crashes.

Life Insurance & Auto Accidents

Most don't even have a life insurance policy that could pay for funeral expenses if the unthinkable happened. Considering the prevalence of auto accidents, it is important that automobile drivers educate themselves concerning auto accidents and the legal options that exist should an accident occur.



Free Consultation

Reasonable rates






What's my case worth?

Safety belt defenses
Infants comparative negligence mentally deficient plaintiff General Damages

200 William St. STE 204A
Elmira, NY 14901
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damages 90/180 day rule pain and suffering aggravation and activiation of injuries
structured judgments non-recourse funding duties of driver on through highway