Michael Bersani
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Michaels Bersani Kalabanka
Mike Bersani is an experienced and highly respected New York State trial lawyer concentrating his practice almost entirely on personal injury claims. He is a widely published author on personal injury law. He has published numerous articles on the subject, and wrote and published the book "Understanding Your New York Personal Injury Claim", which can be ordered on his website.
Mike Bersani graduated Magna Cum Laude (top 5% of his class) from Syracuse University College of Law in 1993. He went on to a two-year clerkship with an appellate court in Rochester, NY. Since then he has devoted his practice to helping injured people recover compensation from those responsible for their injuries.
Mike was recently named "Personal Injury Lawyer of the Year" by the legal directory "Best Lawyers in America" because judges and fellow lawyers rated his performance higher than any other personal lawyer in the Syracuse Metropolitan area. He has the highest lawyer ranking ("AV") in the prestigious Martindale-Hubbell directory. This "AV" rating means that judges and other lawyers have rated him, compared to other lawyers, "very high to preeminent in legal ability, expertise, experience, integrity and overall professional excellence." Mike is also listed in "Best Lawyers in America".
Mike is a community activist. He has served for nearly two decades on the board of directors of the Worker Justice Center of New York (formerly the Farm Workers' Legal Services of New York), which provides free legal service to undeserved agricultural workers. He has served as chair of many not-for-profit boards. He also volunteered for many years for the Boys & Girls Club by taking the Club members for weekly swims at the YMCA in Geneva. Because of his commitment to helping others less fortunate than himself, Mike was named 2009 Citizen of Year by his hometown Geneva, New York Chamber of Commerce.
- Personal Injury
- Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
- Legal Malpractice
- Medical Malpractice
- Birth Injury, Medical Misdiagnosis, Pharmacy Errors, Surgical Errors
- Products Liability
- Drugs & Medical Devices, Motor Vehicle Defects, Toxic Torts
- Car Accidents
- General Negligence
- Premises Liability
- Wrongful Death
- Free Consultation
- Contingent Fees
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Rates, Retainers and Additional Information
generally 1/3 contingency fee
- New York
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- 2nd Circuit
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- Federal Circuit
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- English: Spoken, Written
- French: Spoken, Written
- Spanish: Spoken, Written
- Michaels Bersani Kalabanka
- Current
- Law Clerk
- New York State Supreme Court Appellate Division Fourth Department
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- Researched and wrote reports, with recommendations, for the appellate justices regarding the appeals to be decided
- Middlebury College
- M.A. | Spanish
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- Syracuse University College of Law
- J.D. (1993)
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- Graduated in top 5% of class.
- Honors: Magna Cum Laude, Order of the Coif, Justinian Society, Scribes Award for outstanding legal writing, Law Review
- Activities: Associate Editor for Law Review.
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- Personal Injury Lawyer of the Year for the Syracuse Metropolitan area
- Best Lawyers in America
- Received higher peer-review ratings (positive reviews from other lawyers and judges who are familiar with his work) than any other personal injury lawyer in the Syracuse, New York area.
- Citizen of the Year
- Geneva Area Chambre of Commerce
- Was honored as Citizen of the Year in the City of Geneva, New York (place of residence) for years of service on several not-for-profit boards and for providing regular free legal assistance in Spanish to Hispanic farm workers and for volunteer work with the children of the Boys & Girls Club of Geneva.
- Received an “AV” rating
- Martindale–Hubbell Law Directory
- Super Lawyer
- Law & Politics Magazine
- The Bar Register of Preeminent Lawyers
- Martindale-Hubbell Law Directory
- Elite personal injury Million Dollar Advocates Forum
- Member
- Current
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- Boys & Girls Club of Geneva, NY
- President
- - Current
- Activities: Has served on this Board since 2006, has served as vice-president and president, and as a regular volunteer to take the children skating, swimming, and to other after school activities.
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- New York State Academy of Trial Lawyers
- Member
- - Current
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- Ontario County Bar Association
- Member
- - Current
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- Onondaga County Bar Association
- Member
- - Current
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- YMCA of Auburn, NY
- President
- - Current
- Activities: Has served on this Board since 1998, and is currently its president.
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- Farmworkers' Legal Services of NY
- Board Member and Secretary
- - Current
- Activities: Has served on the board of this not-for-profit since 1998 -- provides free legal services to disadvantaged farm workers, who are mostly Hispanic immigrants.
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- Cayuga County Bar Association
- Member
- - Current
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- American Institute for Justice
- Member
- - Current
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- New York State Trial Lawyers Association
- Member
- - Current
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- New York State Bar # 2578953
- Member
- - Current
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- Human Rights Commission of Geneva, NY
- Chair
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- Activities: Served on this Commission for 3 years and as its Chair for 2 years - the Commission provides free legal help to victims of discrimination, and provides education about discrimination, in Geneva, New York.
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- Several Articles on Personal Injury Litigation in New York
- New York State Trial Lawyers Institute
- New York State Bar Association Personal Injury Treatise: Chapter on Municipal Liability
- New York State Bar Association
- Suits against Public Entities for Injury or Wrongful Death
- New York State Bar Journal
- New York Municipal Liability Annual Update, precedents & Statutes, Syracuse, Albany, Rochester and Buffalo, NY
- New York State Academy of Trial Lawyers
- I write and then deliver this annual update on New York municipal liability cases across New York State every Fall.
- New York Municipal Liability Annual Update, precedents & Statutes, Syracuse, Albany, Rochester and Buffalo, NY
- New York State Academy of Trial Lawyers
- I write and then deliver this annual update on New York municipal liability cases across New York State every Fall.
- New York Municipal Liability Annual Update, precedents & Statutes, Syracuse, Albany, Rochester and Buffalo, NY
- New York State Academy of Trial Lawyers
- I write and then deliver this annual update on New York municipal liability cases across New York State every Fall.
- New York Municipal Liability Annual Update, precedents & Statutes, Syracuse, Albany, Rochester and Buffalo, NY
- New York State Academy of Trial Lawyers
- I write and then deliver this annual update on New York municipal liability cases across New York State every Fall.
- Multi-Million Dollar Advocate
- The Top Trial Lawyers in America
- Best Lawyers in America Certification
- Best Lawyers in America
How Does a New York Personal Injury Lawsuit Work?
Michaels & Smolak - CNY Injury Lawyers
- Q. How does the Graves Amendment affect a rental car accident case in NY?
- A: The graves amendment essentially works like this: normally, under New York vehicle and traffic law section 388, the owner of the vehicle is vicariously liable for the negligence of the driver of the vehicle. But when long-term commercial lessor owns the vehicle, the graves amendment kicks in to exonerate the owner of the vehicle. Only the lessee/driver are liable. if that’s the case, you are stuck with the insurance policy that the driver/Lessee had, and you can’t tap into the insurance for the lessor. But even when there is a long-term lease, there are exceptions to the graves amendment, so you need to consult with an attorney to make sure there’s no way out of it.
- Q. Motorcycle accident injury and compensation inquiry
- A: In New York your rights are limited by the no-fault law, section 5102 of New York’s insurance law. You get your medical bills and your lost income paid by your own car insurance up to $50,000. Anything beyond that you can claim from the at fault vehicle’s insurance, as well as claiming pain and suffering compensation, but you can only claim pain and suffering compensation if you have a “serious injury” as defined by the statute. From what you have stated in this brief summary, it doesn’t look like you have a serious injury, but it could develop into one with time. You need to consult with a New York personal injury lawyer about this to make sure.
- Q. My case started in 2016 why is it taking so long
- A: That does seem a bit long, but honestly, for the NYC area, and with the defendant being a governmental entity, it is not uncommon. A lot would depend on whether there was "motion practice", which could delay the case by many, many months if the court is congested. If you believe your lawyer is dragging his or her feet, ask for an explanation for the lags in time, take notes , and then consult with another attorney about the "credibility" of the explanation if you are still not satisfied.
