John Perticone | Vestal Personal Injury Lawyer

After two years of denials and foot-dragging by the insurance company I settled a construction accident case this past June on the eve of trial. Successful argument of pre-trial motions, presentation of expert testimony and lining up helpful witnesses caused the insurance company to see the handwriting on the wall. Up to that point the insurance company had offered only enough money to reimburse the workers' compensation insurer. But when the judge ruled in our favor I was able to secure a seven figure offer that has made my client and his family financially secure.

My primary sources of cases are from former clients and other attorneys. Somewhat as a surprise, attorneys referring cases to me include former adversaries. I believe that they have experienced or witnessed my dedication to the concerns of my clients and my willingness to fight for their cause in a professional and effective way.

Clients should look for attorneys who are genuinely interested in their lives and circumstances. The good attorney is available and responsive to questions and does not pass off critical responsibilities to secretaries or paralegals. Thoroughness and effectiveness of preparation together with experience in the court room are also key.

Knowledge of local practice as well as the customs, attitudes and biases of local jurors, judges and witnesses can provide an edge.

I can provide an evaluation of the strength of their case, a preliminary strategy for handling the case, the probable path to a successful outcome and some expectation of how long it will take to get to the end. Sometimes an opinion as to the value of a case is possible, but typically that cannot be accurately assessed at a first meeting.

• Broome County Bar Association (President | 2001-2002; Former Chair of several Bar Assn Committees)
  New York State Bar Association (Member; Torts, Insurance Compensation Law Committee)
  Former Broome County Elections Commissioner
  Former Broome County Public Defender
  Broome Legal Assistance Corporation (Former Board Chair)
  New York State Association of Criminal Defense Lawyers
  Lecturer on numerous insurance, personal injury and civil trial topics at State and local level

• Selected for inclusion in "The Best Lawyers in America®"  2010 - Present
  New York State President's Pro Bono Award
  AV® Preeminent ™ "Peer Review Rated"
  "AV® Preeminent ™ is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies." Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the Bar and the Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories - legal ability and general ethical standards.
  American Institute of Personal Injury Attorneys - New York's 10 Best Attorneys | 2016-2017

• How New York Labor Law Sections 240 and 241 May Help You or Your Loved One Recover Financially from Construction Site Injuries
  
  
  Each year, thousands of workers across New York State are injured in construction site accidents. The physical, emotional, and financial costs associated with these accidents can be devastating to workers and their loved ones. Fortunately, New York State Labor Laws give injured workers and their families the chance to obtain full compensation for their injuries.
  
  According to the Occupational Safety and Health Administration, construction site accidents are one of the leading causes of workplace fatalities in the United States. The United States Bureau of Labor Statistics reports that between 2006 and 2015, 464 workers died from workplace falls. In 2016 alone, 71 construction workers were killed on the job in New York.  Some of the most common injuries and deaths result from the “Fatal Four” hazards: falls, electrocution, blows from heavy objects, and getting caught between equipment and machinery.
  
  New York State has several laws in place to protect workers from injuries on the job.  Section 240 of New York’s Labor Law, also known as the Scaffold Law, requires project owners to implement safety measures for the prevention of falls and injuries from falling objects. In addition, Section 241 of the Labor Lawrequires project owners to provide safety equipment to employees, and mandates specifically how worksites must be constructed, equipped and operated for the protection of workers.
  
  Sections 240 and 241 are strict liability statutes that hold project owners liable regardless of the employee’s comparative fault, unless the employee’s negligence alone caused the injury, or the employee failed to use safety equipment as required.
  
  Many individuals worry that pursuing a claim against a project owner will bar them from obtaining workers’ compensation payments. Fortunately, filing a claim under Sections 240 and 241 does not impact workers’ compensation eligibility.
  
  I understand the significant physical, emotional and financial toll that construction accidents can have on workers and their families. Workers’ compensation seldom provides enough for an injured worker to make ends meet and provide for his or her loved ones.   If you or a loved one suffered injuries in a construction accident, please contact me to find out how I may be able to help you receive compensation for your injuries beyond that provided by workers’ compensation.
  
  

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