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Monthly Archives: October 2014

Personal Injury Laws & The Types Of Damages Courts Payout For

22 Wednesday Oct 2014

Posted by danielrosenfeldblogs in Personal Injury Laws in NY

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car accident law, emotional distress law, personal injury law

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:

19 Sunday Oct 2014

Posted by danielrosenfeldblogs in Real Estate Law

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closing real estate in nyc, Real Estate closing, real estate lawyer

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.

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