Our Blog

Brain Injured has Big Win Against Recalcitrant Insurance Company

June 9, 2016

After a Thruway crash, a major insurance company refused to acknowledge a mild traumatic brain injury widely recognized among treating healthcare providers.

Gary Moss is an active, generous and giving man. As manager of a carpet store, he sometimes worked 60 hours per week, enjoyed managing and training salespeople, resolving customer concerns and is very active in his community. Most important to him is giving to his community, including helping raise funds for children in need.

Following the crash Mr. Moss had difficulty organizing thoughts, short-term memory loss, difficulty finding words and speaking, and missed appointments. He struggled to keep his job and attended therapy for physical and cognitive losses to get back to pre-collision status. His personal lawyer suggested he contact Buffalo personal injury attorney John Feroleto.

For years, the insurance company outright denied the injury to Gary Moss. John Feroleto and the staff at Feroleto Law were able to assemble substantial evidence, including treating doctors’ findings, neuropsychological test results and other medical records substantiating the harm done to Mr. Moss.

Shortly before trial, the insurance company agreed to a binding arbitration. The insurance company maintained its legal position that it did not have to compensate Mr. Moss for the harms and losses to him. In addition to the medical evidence, Gary‘s forthright and sincere testimony allowed the arbitrators to understand the harms to him and his losses. Before the crash he had great joy and satisfaction helping organize events to help disadvantaged children in the community.

In his business he took great pride in training young sales associates to always be a friend to the store’s clients and treat them like family. He was a mentor both at work and in the community. Following the crash he was very often painfully absent in the community. Instead of being the mentor at work, others were covering for him.
The arbitration panel recognized what the insurance company would not and found the harms and losses to Mr. Moss were in the substantial six-figure range.

Congratulations, Mr. Moss for:
1) Persevering to overcome your injuries, and
2) Persevering against the recalcitrant insurance company.

Request Your Free Consultation

Get the answers and support you need. Our friendly and experienced Buffalo personal injury lawyers will take the time to understand your case, explain your options, and guide you every step of the way.

Our Practice Areas

Read More Articles

Automatic Emergency Braking in Heavy Trucks: A Major Step Towards Safer Roads

Nursing Home Fined in Patient Death

In Buffalo, and throughout Western New York, there is far too many incidents of nursing home neglect. In fact, about one third of all nursing homes in Western New York have the lowest possible rating in scoring by the federal Centers for Medicare and Medicaid Services. As a

Read Blog
Automatic Emergency Braking in Heavy Trucks: A Major Step Towards Safer Roads

Your Car: Talking to Other Cars?

Your car may be talking before you know it. To other cars. Last month, the Federal Government proposed safety rules requiring all new cars and small trucks have technology allowing the vehicles to talk to one another. As an attorney that sees far too many car accidents and

Read Blog
Automatic Emergency Braking in Heavy Trucks: A Major Step Towards Safer Roads

20 States Filed Suit on Price-Fixing by Drug Firms

The Attorneys General sued pharmaceutical industry giants in a scheme to artificially inflate (a/k/a rip off the public) the prices of a diabetes, and an antibiotic drug. As a personal injury lawyer in New York, I am keenly aware of the escalation in prices for necessaryprescription medications. Accident

Read Blog