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

Carbon Monoxide and generator winter safety

Carbon Monoxide and generator winter safety

As we have seen here in Buffalo, NY and elsewhere in the U.S. this winter, winter storms can cause power outages. Power outages are dangerous especially when the temperature dips below freezing. The elderly and infants are especially susceptible to cold related injuries.

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

No-Fault Providers Need Not Bill After a Denial

In State Farm v. Domotor 266 A.D.2d 219 (2nd Dept. 1999) the court held that after the no-fault carrier issues a denial of payment there is no need for the medical provider to send bills to the carrier. After the denial the provider can later litigate or arbitrate

Read Blog
Bus Crashes in New York State Must be Reduced

Bus Crashes in New York State Must be Reduced

Bus crashes in New York keep happening at an alarming rate. As a personal injury attorney I see the same preventable losses occurring again and again. The scene was chaotic and confusing on Interstate 81 in New York near the Onondaga nationNedrow exit when first responders arrived .

Read Blog