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.
- 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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- Michaels & Smolak
- 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
- 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.
- Best Lawyers in America Certification
- Best Lawyers in America
- Multi-Million Dollar Advocate
- The Top Trial Lawyers in America
- 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
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- 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
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- YMCA of Auburn, NY
- President
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- 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
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- 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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- Ontario County Bar Association
- Member
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- Onondaga County Bar Association
- Member
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- Cayuga County Bar Association
- Member
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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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- New York
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- 2nd Circuit
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- Federal Circuit
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- Free Consultation
- Contingent Fees
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Rates, Retainers and Additional Information
generally 1/3 contingency fee
- 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
- English: Spoken, Written
- French: Spoken, Written
- Spanish: Spoken, Written
- Q. How is the settlement in a personal injury case calculated? Should my lawyer review this information with me?
- A: The answer to all your questions is “yes”. Your lawyer should consult with you on all of these things. And most important, in New York, you must approve any settlement. Your lawyer cannot settle without your consent. You’re a lawyer, however, is in a better position to advise you as to as to what a fair settlement is. That’s why you have a lawyer! If you have chosen a good, experienced, and well reputed Lawyer, you should be getting good advice. if you have any doubts, call a second lawyer for a second opinion.
- Q. How much pain and suffering is fair for a minor slip and fall ?
- A: You’re a pain and suffering compensation depends on the venue of the case. If it is brought in a county such as the Bronx or Erie County, it is worth more because juries are more generous there. If you bring it in and upstate rural county, it is worth less because juries are stingier there. But from the description of your injuries, it is not worth much anywhere. You would probably have a hard time finding a lawyer or to take this case on a contingency fee basis because the injury would not pay for the litigation.
- Q. Being sued along with tenant for a dog attack. Am I responsible?
- A: You’re in luck. Under current New York State case law, a dog bite victim can only hold someone liable who either owned or harbored the dog. In your fact scenario, the landlord did neither. He simply owned the building where a tenant resided who owned and harbored the dog. it is very unlikely that a court would hold the landlord liable under this fact pattern.
How Does a New York Personal Injury Lawsuit Work?
Michaels & Smolak - CNY Injury Lawyers