Personal Injury Laws & The Types Of Damages Courts Payout For

Tags

, ,

Personal injury damages are categorized into two types: general damages and special damages. However, when establishing the extent of damages in a tort case, it is important to be more specific with what type of damages are involved.

Outlined below are the most common types of damages covered by personal injury law:

Personal Property Damages

Personal property damages, as the name suggests, refer to any damages caused by the tortfeasor (the person who commits the civil wrongdoing) to a person’s personal property.

Compensation is calculated based on the value of the property after it was damaged subtracted to the original value of the property.

If the property in question is completely destroyed, compensation should equal the fair market value of the property. In the event that compensation for repairs is sought, the amount of compensation must not exceed its market value.

Loss of Consortium

Under common law, loss of consortium refers to a spouse’s inability to have normal marital relations. In tort cases, damage is established when the spouse is unable to maintain such relations as a result of physical injury or mental or emotional distress. Since damages are not tangible, compensation is calculated based on evidence presented in court.

Damages that Result to Loss of Earnings

Damages that result to loss of earning is based on the income that you expect to lose because of your injuries (whether physical, mental, or emotional) and the amount lost because of your injuries.

It is easier to calculate your past income losses compared to your potential losses. Proving the amount of potential losses in court requires witness testimony, along with financial documentation. The witness you present in court must be able to prove that your injury will get in the way of your ability to perform either your current job properly or a similar job.

In addition, to get compensation for potential income losses, you must also be able to present a medical assessment of your injuries, as well as a schedule of your recovery period. A good attorney at law will be able to help put such a presentation together.

Claims on Wrongful Death

Wrongful death refers to the death of an individual as a result of negligence or intentional harm by another individual. This is fairly new in common law, as wrongful death did not used to be a valid claim under personal injury law. However, wrongful death is now recognized as a civil liability in every state.

Compensation for wrongful death goes to the estate of the deceased to cover creditor claims and any existing debts. The leftovers will go to the beneficiaries of the deceased or by default, to the immediate family if there are no disclosed heirs. In conclusion, it is now the legal right of family members and financial dependents of the deceased can now file for an death related accident or injury claim under personal injury law.

Emotional Distress

Emotional distress is compensated based on a comprehensive examination of a mental health professional on the victim of the crime. These damages are calculated based on healthcare expenses, loss of income, and loss of the capacity to earn. In many countries no financial rewards are granted for emotional distress. In the United States however, monetary rewards for emotional distress are indeed given by court order.

These are just some of the most common damages recognized under personal injury law. Damages that are easily calculated can be settled easily even through informal settlements but damages like emotional distress, loss of consortium, and potential loss of income may be harder to settle and require witness testimonies, as well as additional documentation as proof of damages.

injury law

Closing With or Without A Real Estate Lawyer:

Tags

, ,

While it is a not a legal requirement to have a real estate attorney when buying a house, there are many benefits to having legal counsel in any real estate transaction.

In most states, a real estate agent or broker offers adequate assistance with drafting contracts and ensuring that titles are clean and free of any errors. However, in some states only certified real estate lawyers are allowed to handle contracts and title searches.

Since a house is likely to be one of the most valuable things you’ll purchase, it’s important to take necessary precaution to make sure your interests are taken care of.

Below are some of the benefits of having a real estate lawyer with you when buying a house:

Title Searches

Title searches are important in any real estate closing, as they ensure that the title is clean, ownership of the property is clear, and it is free from any legal claims, liabilities, unpaid taxes, and liens. However, problems can arise even after a title search is conducted. This is especially true if you use the seller’s title search agency to conduct the search. Since the agency will likely be using the same information from the previous title search, new problems may not easily be detected. If there are any problems that occur because of undetected errors in the property’s title, your real estate lawyer can advise you before the date of closing.

Contracts and Purchase Agreements

Except in states where real estate lawyers are required for drafting contracts, a real estate agent is usually the one who prepares the contract. Most agents use templates for contracts and this is where problems may arise. Template contracts might not include nuances in real estate laws in your state or area and this can lead to problems later on. A real estate lawyer can draft a contract that takes into account all state and federal real estate laws to ensure that no legal issues arise later on.

A real estate lawyer can also help you if there are any problems with alterations made to the property, whether existing or planned changes. For instance, the seller may have altered the property without taking into account zoning laws or you may want to add changes yourself that might not be legally possible. In such cases, a lawyer can assess the property from a legal standpoint and give you advise based on your needs.

Closing Process

During the date of closing, titles will be transferred from the hands of the seller to the hands of the buyer. Aside from title transfers, a closing statement should also be prepared to outline all payments and existing balances. If you are borrowing money to pay for the property, the lender’s representative or lawyer should also be present during the date of closing. A real estate lawyer can help explain the legal aspects of the transaction, as well as offer any advice should there be last minute changes to agreements. Your lawyer will make sure that your interests are protected until the very end.

Real Estate Law in NY

Traffic & Speeding Violations in NY: A Lawyers Advice

Tags

, ,

Wherever you go, everyone always seems to be in rush. This phenomenon is most accentuated on the road. Everyone seems to be cutting everyone off, running red lights and speeding like there is no tomorrow. Sadly, this type of behavior can get you into serious legal trouble. Nothing can be more jeopardizing to your driving record than traffic violations. The more severe the traffic violation, the more points the violation will give you. The more points, the more you will have to spend on a traffic lawyer. Believe it or not, point violations are a lot more costly than the high legal fees you will have to pay your attorney. Your only hope to avoid ridiculous car insurance costs, possible jail time and other license penalties will be a not-guilty verdict. Today we will share some tips on how to avoid speeding violations that will result in high point violations.

Point Scale For Speeding Violations:

A rolling scale will determine how bad your speeding violation will be. This rolling point system is the law in New York state which includes the five boroughs of NYC as well as the eastern Long Island region. If you speed 9 MPH over the legal limit you will be served a 3-point violation. Once you go up to 10 to 20 mph over what the law allows you a 4-point violation will be served to you. If you decide to be foolish and speed 20 to 30 mph over the legal limit you will be dished a dangerous 6-point violation. If you decide to be even more foolish and risk yours and other peoples lives and drive 31 mph over the limit you will be in serious trouble. The judge will have the discretion to give you an 8-point violation or a license suspension which will be equate to 11 points. Even the most seasoned traffic ticket attorney that is available in NY state will have a very challenging time dealing with a violation 31 mph and higher.

The moral of this “speeding scale” story is to avoid speeding and not risk innocent lives because you are in a rush. If you decide to do so anyways you are looking at serious legal repercussions. If you do decide to speed you should at the least try to be somewhat humane and keep it less than 20 mph over the legal limit. Anything over that puts you in a very barbaric category in the eyes of a judge and makes your case much more difficult to win. In any case, if you are served a violation it would be wise to hire a skilled NY traffic attorney that understands the nuances of the law and has experience in attaining non-guilty verdicts for violations similar to yours.

traffic speeding lawyers in NYC

What Is The Law Regarding Divorce Fees/Costs in NYC?

Tags

The good news is that NYC is part of state wide effort to make the divorce process faster and cheaper. In July of 2011, New York State passed a law which serves to allow couples to obtain a divorce without having to prove any timely and costly legal claims like adultery or abandonment. This innovative “No-Fault” divorce in our state allows couples to get divorced without making any one party at fault. Divorce attorneys can now provide client’s looking for an uncontested divorce with a cheaper, easier and less time consuming divorce.

When it comes to divorce one of the first things that comes to mind is how much will it all cost? The short answer: it depends if it contested or uncontested and how hard the sides battle in the event it is contested. uncontested divorces are fast & easy while a contested divorce can go past settlement and deep into trial. In most cases the couple will be able to save a lot of legal fees by coming to mutual agreement and filing for an uncontested divorce.

If divorce is contested, both partners usually pay the court fees and legal fees upfront. Some people have their attorney’s request for their spouse to cover a portion of their fees or the whole thing. It is also common for a judge to order one spouse to cover all legal costs involved. This is determined by a number of factors such as which of you filed for the divorce, if one partner is a stay-at-home parent, and who has a more capable divorce lawyer.

Here is a list of things that will determine how much divorce can cost:

Your divorce lawyer’s legal fees

When it comes to divorce, you don’t want to skimp on attorney fees. Find a NYSBA authorized divorce lawyer who will protect you and your interests. With enough searching, you may be able to find a lawyer who won’t charge incredibly high fees. Most divorce lawyers usually charge a lot but they usually provide good work to back it up.

Settlements

The divorce proceedings will cost significantly less the more you and your spouse can come to terms and agree on all matters involved and avoid trial as fast as possible. Lengthy settlements or drawn out court cases about marital property, child custody, and child support can cost a pretty penny. These factors constitute the major expenses in most divorces.

Will you fight for custody of your children?

Fighting for custody over your children will bring up several fees including psychiatric evaluations, witness testimonies, etc. Fighting for custody also means more work for your lawyer who is likely to be billing you by the hour.

How much marital assets and debts is there?

If you have gathered significant amounts of debts and marital property, you may need to hire a certified divorce financial analyst, or a pension fund expert. This would be additional expenses added on top of all your legal fees. One should seek advice from a divorce attorney regarding the effect that any debt, assets and property will have on their case.

Your legal strategy and your spouse’s legal strategy

This simply highlights the importance of picking legal representation you are comfortable and see eye-to-eye with. If either you or your spouse’s attorney chooses aggressive one-sided strategies, you will be the one footing the bill. Some divorce lawyers choose more adversarial tactics since it means more money for them.

Legally, you can always fire your legal representative and find another one if you want to try a different more practical approach. What really determines the cost of divorce is how much you and your spouse are willing to work with each other to fix your issues. Settling things outside of court from the get go will be the key to save money. This will allow you to take advantage of the aforementioned “NYC No Fault Divorce Law” If both of you cannot put your differences aside prepare your wallets and free up your schedule.

divorce ny bar

Contributed By A New York State Bar Authorized Attorney

Medicaid Planning 101: Flushing Away Your Elder Law Concerns

Tags

,

Avoiding Medicaid liens on ones home is a crucial part of planning for your future. Making NY states elder Laws work for you requires learning about your rights in regards to protecting your home. Nursing home care is very expensive and if covered by medicaid the government can put liens on ones property. An irrevocable Medicaid Trust is one strategy to avoid these liens which also happens to be a very flexible strategy. Others use a plan which involves the transfer of ownership of a home to someone in their family. The original owner can protect themselves under this ownership transfer with what’s called a “life estate”.

Irrevocable Medicaid Trust

This process requires ones home and assets to go into a trust which is managed by a member or members of your choice. One can choose anyone they confide in to be your trustee except for your spouse. Some of the benefits to this strategy include rent that the property generates, the right to live in your home for as long as you and the spouse are alive and many tax benefits. After death the funds are distributed exactly how one selected for them to be distributed.

Life Estate

Similar to a Medicaid trust, one can be assured of their right to live in the home for as long as they are alive and collect any rent profits. Life Estate’s have shorter penalty periods and are easy to create and implement. This makes a “Life Estate” a more frugal choice in comparison to a Medicaid Trust. However, when you transfer your property under a Life Estate arrangement you lose your right to sell the house without the consent of the other party. You also lose the right to change ownership of the property down the line without the consent of the other party.

For a complete list of the advantages and disadvantages of the Life Estate process versus the Irrevocable Medicaid Trust process read this article about Medicaid Planning laws & the Life Estate deed.

Planning your future in accordance to NY state Elder Law can be very complicated. Medicaid planning and elder lawyers should be consulted before any major decision is made.

This information was contributed by: Law Offices of Roman Aminov 147-17 Union Turnpike Flushing, NY 11367 (347)766-2685. Roman Aminov is an Estate Planning Attorney in the NYC area. Roman runs an Elder Law Firm in Flushing, NY.  Roman’s writings on estate planning and elder law topics are published regularly in magazines across the New York Metropolitan Area.

Trust Lawyers

My Workers Comp Claim Was Denied: Whats The Law?

Tags

,

The question that was recently posed to me was regarding denied workers compensation claims. Claims made for gradual work-related illnesses like cancer, heart attacks, and Carpal Tunnel Syndrome are rejected most of the time. Even claims for blatant workplace injuries resulting from falls, machinery malfunctions, and other work-related accidents that occur daily in New York are rejected at a very high rate. Why are the workers claims made on such injuries rejected so often? The reason is that it’s very easy for a workers compensation insurance adjuster to decide and convince the worker that the injury is not work related or the compensation desired does not fit the bill. Doctors can often make mistakes as well in the way they portray your injury in relationship to the workplace. Often, the application that one submitted has issues in itself and due to these inherit issues it will therefore get rejected.

Hiring a workers compensation lawyer from the beginning would have been the best bet but now that the claim has been denied it’s time for a legal hearing. At this point the worker will have a chance to prove their case to the doctor, to the insurance adjuster and to the Administrative Law judge. Generally they will try to offer a very conservative settlement for whatever hardships and expenses one had to endure. That is exactly why it is so important to hire an attorney for this legal hearing.

If you would like to learn more about our workers laws here in the city of New York we would like to invite you to read this informative Workers Compensation resource.

This information was contributed by the: Shulman & Hill Workers Compensation Firm 44 Court St #808, Brooklyn, NY 11201 (718) 852-4700 shulmanwc.com

Alex Shulman is a Workers Compensation & Social Security Disability Attorney in the Brooklyn, NYC area. Alex’s informative writings on Workers & Disability law are published and revered across the New York region.

Shulman & Hill Workers Comepensation Firm

 

What’s The Law For An Uncontested Divorce in New York?

Tags

, ,

In the state of New York, a couple can get divorced without the intervention of a court of law through a divorce agreement or settlement. As long as the parties agree about the future of their property, finances and children it will be referred to as an “uncontested divorce”. This is a quick process which usually does not involve the need to appear in court. Sometimes an uncontested divorce is referred to as “on consent,” as the defendant agrees to divorce with the signing of the required documents. Other times an uncontested divorce is referred to as “on default” as the defendant does respond to a summons with a notice that is served to them.

If you would like to learn more about our local divorce process read this informative and to the point Divorce guide for residents of NY.

This valuable information was contributed by the: Law Offices of Nathan Pinkhasov 95-20 63rd Road, Suite B Rego Park, NY 11374 (718) 459-2600 nathanpinkhasov.com

Nathan Pinkhasov is a Divorce Attorney in the Queens, NYC area. Nathan’s informative writings on Matrimonial & Divorce law are well recognized and published across the five boroughs of NYC.

Pinkhasov Divorce Law Queens, NY

When Death Occurs With No Will: The NY Law

Tags

, ,

It is advisable for everyone to make a will at one point of their lives. The question becomes what happens if one passed away without leaving a will. New York State law refers to someone who died without a will as an “intestate”. Should this “intestate” have any joint or beneficiary designated accounts they will automatically pass on to the selected parties. Otherwise, a process called estate administration takes place at the Surrogate’s Court in your county. They are the ones that have jurisdiction over the estate and will distribute the assets according to New York’s intestacy laws.

First up is the surviving spouse. Before anyone get’s anything they will be entitled to the deceased’s cash (up to $25k), car (up to $25k), household items (up to$20k) and other personal valuables (up to $2,500).

Want to know what happens with the rest of the assets as well as how the surviving children our factored in? Read the brief and concise guide on Intestacy Laws: Dying With No will in NY now.

This information was contributed by: Law Offices of Roman Aminov 147-17 Union Turnpike Flushing, NY 11367 (347)766-2685. Roman Aminov is an Estate Planning Attorneys in the NYC area. Roman’s writings on estate planning and elder law topics are published regularly in magazines across the New York Metropolitan Area.

roma

The “Whats the Law For…?” Blog: Grand Opening 05/13/2014

Tags

This blog was created by real lawyers in the greater New York City area who want to help the general public get the laws in NYC as well as relative New York State laws clear. We will publishing articles about laws along with their relevant details which will be written by real attorneys in our area. The first step to finding a lawyer is understanding the law that pertains to your issue. We will be providing valuable information from all spectrum’s of the local law. Whether you have questions about Estate, Workers, Employment, Divorce, Family, Injury, Malpractice, Traffic, Criminal or Corporate law you will be able to find the answers that you are looking for.

probateprocessqueens

Follow

Get every new post delivered to your Inbox.